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 | The Endangered Species Act (ESA) was passed by Congress in 1973 in order to conserve "the ecosystems upon which endangered and threatened species depend" and to conserve and recover listed species.
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| The U.S. Fish and Wildlife Service (FWS), in the Department of the Interior, and the National Marine Fisheries Service (NMFS), in the Department of Commerce, share responsibility for administration of the ESA. Generally, NMFS deals with those species occurring in marine environments and anadromous fish, while the FWS is responsible for terrestrial and freshwater species and migratory birds.
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| The FWS and NMFS rely largely on petitions requesting the federal government to consider a species as a candidate for listing. In addition to petitions, surveys conducted by FWS and other agencies and other substantiated reports on field studies are also relied upon by the federal government in determining whether a species should be considered a candidate for listing. In order for a species to be considered a candidate for threatened or endangered status, The Act provides procedures on how a species is placed on the list (e.g., listing criteria, public comment periods, hearings, notifications, time limit for final action).
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| A species may be classified for protection as "endangered" when it is in danger of extinction within the foreseeable future throughout all or a significant portion of its range. A "threatened" classification is provided to those plants and animals likely to become endangered within the foreseeable future throughout all or a significant portion of their ranges.
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| All species of plants and animals, except pest insects, are eligible for listing as endangered or threatened.
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| As of July 31, 2001, there were a total of 1,244 species listed as either threatened or endangered in the United States: 379 endangered animals; 128 threatened animals; 593 endangered plants; and 144 threatened plants.
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| The ESA prohibits activities that would kill or "take" a threatened or endangered species without appropriate authorization. The ESA specifically provides for the ability of non-federal projects to obtain "take" permits so long as they provide a means to balance, or integrate, economic development or activities with endangered species conservation - including the preparation of habitat conservation plans (HCP).
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| An HCP must specify:
- Impacts likely to result from proposed taking of federally listed species;
- Measures the applicant will undertake to monitor, minimize, and mitigate such impacts, the funding that will be made available to undertake such measures, and the procedures to deal with unforeseen circumstances;
- Alternative actions the applicant considered that would not result in take, and the reasons why such alternatives are not being utilized;
- Additional measures the FWS may require as necessary or appropriate for the purposes of the conservation plan.
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| Critical Habitat is a term defined and used in the ESA. It is the specific areas that have been found to be essential to the conservation of a federally listed species, and which may require special management considerations or protections. Critical habitat is determined using the best available scientific and commercial information about the physical and biological needs of the species.
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