The acronym ESA in environmental law stands for the Endangered Species Act of 1973. This landmark federal legislation governs the conservation of imperiled species of fish, wildlife, and plants, and the habitats upon which they rely. Signed into law by President Richard Nixon, the ESA created a national program to prevent species extinction. Its purpose is to conserve species until they no longer require the Act’s protections.
Foundational Goals of the Act
The legislative intent behind the ESA is rooted in the statutory finding that species possess significant value to the nation. Congress specifically declared that fish, wildlife, and plants are of “esthetic, ecological, educational, historical, recreational, and scientific value” to the public. This foundational philosophy recognizes the comprehensive benefits biodiversity provides to society and the environment.
The Act’s stated purposes are twofold: to conserve the ecosystems upon which endangered and threatened species depend, and to establish a program for the conservation of the species themselves. This mandate places an obligation on all federal departments and agencies to utilize their authorities to further the goals of species conservation.
The Process for Listing Species
A species receives protection under the ESA by being formally added to the federal lists as either “Endangered” or “Threatened.” An Endangered species is one that is in danger of extinction throughout all or a significant portion of its range, while a Threatened species is likely to become Endangered within the foreseeable future. This listing process can be initiated by either the relevant federal agencies or through a public petition submitted by any interested party.
Two agencies share the responsibility for administering the Act: the U.S. Fish and Wildlife Service (FWS) handles terrestrial and freshwater species, and the National Marine Fisheries Service (NMFS) manages most marine and anadromous species. To determine a species’ status, the agencies must conduct a scientific review based on five specific factors:
- Habitat destruction
- Overutilization
- Disease or predation
- Inadequacy of existing protections
- Other natural or manmade factors affecting its existence
The listing decision must be based solely on the best available scientific and commercial data, without consideration of potential economic impacts.
Specific Protections and Enforcement
Once a species is listed, a powerful set of legal protections takes effect. The most direct prohibition is against the “take” of any Endangered fish or wildlife species, which is broadly defined to mean to “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.” The interpretation of “harm” extends this protection to include significant habitat modification that injures or kills the species by disrupting essential behavioral patterns, such as breeding or feeding.
The Act also requires the designation of “Critical Habitat,” which identifies specific geographic areas essential to the species’ conservation. Furthermore, Section 7 of the ESA mandates that all federal agencies must formally consult with the FWS or NMFS before authorizing, funding, or carrying out any action that may affect a listed species or its Critical Habitat. This consultation ensures federal actions are not likely to jeopardize the continued existence of a listed species or adversely modify its designated habitat.
Recovery and Monitoring
The ultimate objective of the ESA is to restore species to the point where they are secure and self-sustaining in the wild. To achieve this, the FWS and NMFS are required to develop and implement Recovery Plans for listed species, which serve as roadmaps for conservation efforts. These plans outline site-specific management actions and establish measurable criteria for when a species can be considered recovered.
When a species meets these recovery goals, it can be reclassified from Endangered to Threatened, a process known as “downlisting,” or removed entirely from the lists, which is called “delisting.” Following a delisting due to recovery, the ESA mandates a minimum of five years of post-delisting monitoring, conducted in cooperation with states. This monitoring ensures the species remains stable without the Act’s protections and allows for quick relisting if threats re-emerge.