U.S. Fish & Wildlife Service ESA Basics 40 Years of Conserving Endangered Species When Congress passed the Endangered Critical habitat may include areas that are Species Act (ESA) in 1973, it recognized not occupied by the species at the time of that our rich natural heritage is of listing but are essential to its conservation. “esthetic, ecological, educational, An area can be excluded from critical recreational, and scientifc value to habitat designation if an economic analysis our Nation and its people.” It further determines that the benefts of excluding expressed concern that many of our it outweigh the benefts of including it, nation’s native plants and animals were in unless failure to designate the area as danger of becoming extinct. critical habitat may lead to extinction of the listed species. The purpose of the ESA is to protect and recover imperiled species and the Candidates for Listing ecosystems upon which they depend. The FWS also maintains a list of The Interior Department’s U.S. Fish USFWS “candidate” species. These are species for and Wildlife Service (FWS) and the which the FWS has enough information to Commerce Department’s National warrant proposing them for listing but is Marine Fisheries Service (NMFS) precluded from doing so by higher listing administer the ESA. The FWS has priorities. While listing actions of higher primary responsibility for terrestrial priority go forward, the FWS works with and freshwater organisms, while the States, Tribes, private landowners, private responsibilities of NMFS are mainly partners, and other Federal agencies to marine wildlife such as whales and carry out conservation actions for these anadromous fsh such as salmon. species to prevent further decline and Bart Gamett/USFWS possibly eliminate the need for listing. Under the ESA, species may be listed At home in streams and lakes in Washington, as either endangered or threatened. Oregon, Idaho, Montana, and Nevada, the Protection “Endangered” means a species is in threatened bull trout needs clean, cold water The ESA protects endangered and danger of extinction throughout all with deep pools, logs for hiding, connected threatened species and their habitats by or a signifcant portion of its range. habitat across the landscape and, for spawn- 1) prohibiting the “take” of listed animals “Threatened” means a species is likely ing and rearing, clean streambed gravel. and the interstate or international trade to become endangered within the in listed plants and animals, including foreseeable future. All species of plants their parts and products, except under and animals, except pest insects, are Federal permit; and 2) prohibiting federal eligible for listing as endangered or protection; and 5) other natural or actions that are likely to jeopardize the threatened. For the purposes of the manmade factors that affect the continued continued existence of listed species or ESA, Congress defned species to include existence of the species. When one or adversely modify designated critical subspecies, varieties, and, for vertebrates, more of these factors imperils the survival habitats. Permits are generally available distinct population segments. of a species, the FWS takes action to for interstate and international trade for protect it. The Fish and Wildlife Service conservation and scientifc purposes. In As of February 2017, the FWS has listed is required to base its listing decisions on addition, landowners can receive permits 2,328 species worldwide as endangered the best scientifc information available. for “take” of a species that results from or threatened, of which 1,652 occur in the otherwise lawful activities, provided they United States. The ESA also requires the designation of have an approved habitat conservation “critical habitat” for listed species when plan. How are Species Listed? “prudent and determinable.” Critical Section 4 of the ESA requires species to habitat includes geographic areas that What is “Take”? be listed as endangered or threatened contain the physical or biological features The ESA makes it unlawful for a person solely on the basis of their biological that are essential to the conservation of to take a listed animal without a permit. status and threats to their existence. the species and that may need special Take is defned as “to harass, harm, When evaluating a species for listing, management or protection. Critical pursue, hunt, shoot, wound, kill, trap, the FWS considers fve factors: 1) habitat designations affect only Federal capture, or collect or attempt to engage in damage to, or destruction of, a species’ agency actions or federally funded or any such conduct.” Through regulations, habitat; 2) overutilization of the species permitted activities. Federal agencies the term “harm” is defned as “an act for commercial, recreational, scientifc, are required to avoid “destruction” or which actually kills or injures wildlife. or educational purposes; 3) disease or “adverse modifcation” of designated Such an act may include signifcant predation; 4) inadequacy of existing critical habitat. habitat modifcation or degradation where it actually kills or injures wildlife available to promote State participation. Candidate Conservation Agreements by signifcantly impairing essential Some State laws and regulations are with Assurances behavioral patterns, including breeding, more restrictive than the ESA in Under Candidate Conservation feeding, or sheltering.” Listed plants granting exceptions or permits. Agreements with Assurances (CCAA), are not protected from take, although non-Federal landowners volunteer to it is illegal to collect or maliciously Working with Landowners work with the FWS on plans to conserve harm them on Federal land. Protection Two-thirds of federally listed species candidate and other at-risk species from commercial trade and the effects have at least some habitat on private so that protection of the ESA is not of Federal actions do apply for plants. land, and some species have most of needed. In return, landowners receive In addtion, States may have their own their remaining habitat on private regulatory assurances that, if a species laws restricting activity involving listed land. The FWS has developed an array covered by the CCAA is listed, they will species. of tools and incentives to protect the not be required to do anything beyond interests of private landowners while what is specifed in the agreement, Federal Agency Cooperation encouraging management activities that and they will receive an enhancement Section 7 of the ESA requires Federal beneft listed and other at-risk species. of survival permit, allowing incidental agencies to use their legal authorities to take in reference to the management promote the conservation purposes of Habitat Conservation Plans activities identifed in the agreement. the ESA and to consult with the FWS Section 10 of the ESA may be used by and NMFS, as appropriate, to ensure landowners including private citizens, Conservation Banks that effects of actions they authorize, corporations, Tribes, States, and Conservation banks are lands that are fund, or carry out are not likely to counties who want to develop property permanently protected and managed jeopardize the continued existence of inhabited by listed species. Landowners as mitigation for the loss elsewhere of listed species. During consultation the may receive a permit to take such listed and other at-risk species and their “action” agency receives a “biological species incidental to otherwise legal habitat. Conservation banking is a free- opinion” or concurrence letter activities, provided they have developed market enterprise based on supply and addressing the proposed action. In the an approved habitat conservation plan demand of mitigation credits. Credits relatively few cases in which the FWS or (HCP). HCPs include an assessment of are supplied by landowners who enter NMFS makes a jeopardy determination, the likely impacts on the species from into a Conservation Bank Agreement the agency offers “reasonable and the proposed action, the steps that with the FWS agreeing to protect and prudent alternatives” about how the the permit holder will take to avoid, manage their lands for one or more proposed action could be modifed to minimize, and mitigate the impacts, and species. Others who need to mitigate for avoid jeopardy. It is extremely rare the funding available to carry out the adverse impacts to those same species that a project ends up being withdrawn steps. may purchase conservation bank credits or terminated because of jeopardy to a to meet their mitigation requirements. listed species. HCPs may beneft not only landowners Conservation banking benefts species but also species by securing and by reducing the piecemeal approach to The ESA provides a process for managing important habitat and by mitigation that often results in many exempting development projects that addressing economic development with small, isolated and unsustainable have received a jeopardy opinion if a a focus on species conservation. preserves that lose their habitat Cabinet-level “Endangered Species functions and values over time. Committee” decides the benefts of the Safe Harbor Agreements project clearly outweigh the benefts of Safe Harbor Agreements (SHAs) International Species conserving a species. Since its creation provide regulatory assurance for non- The ESA also implements U.S. in 1978, the Committee has only been Federal landowners who voluntarily participation in the Convention on convened