Endangered Species Act
16 USC 1531 et seq.; P.L. 93-205; 87 Stat. 884; December 28, 1973
Historical Context:
In the early 1970s, concern over the decline of many species of wildlife led to a growing awareness of the need for conservation measures. This concern was fueled in part by several high-profile cases of wildlife loss, such as the near extinction of the bald eagle (see population decline and recovery) and the peregrine falcon due to the use of the pesticide DDT. The publication of Rachel Carson's book Silent Spring in 1962 helped galvanize public support for environmental protection. Additionally, the growing awareness of the interconnectedness of species and ecosystems, along with the recognition of the intrinsic value of biodiversity, helped to generate support for the conservation of endangered and threatened species.
Regulatory Structure:
ESA is administered by two federal agencies, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS). The USFWS is responsible for terrestrial and freshwater species, while the NMFS is responsible for marine species. ESA provides for the listing of species as endangered or threatened, and requires the development and implementation of recovery plans for these species. ESA also prohibits the take of listed species, and requires federal agencies to consult with the USFWS or NMFS to ensure that their actions are not likely to jeopardize the continued existence of listed species. ESA also provides for citizen suits to enforce its provisions, and allows for the designation of critical habitats for listed species.
Major Amendments to the Endangered Species Act:
The Endangered Species Act (ESA) has been amended several times since its enactment in 1973. Some of the major amendments to the ESA include:
The Endangered Species Act Amendments of 1978 (November 10, 1978, P.L. 95-632): The 1978 amendment introduced a provision that allowed the designation of critical habitats for endangered species. It also prohibited the taking of endangered species in critical habitats.
The Endangered Species Act Amendment of 1979 (December 28, 1979, P.L. 96-159): The Endangered Species Act Amendments of 1979 made several changes, the most significant changes were the addition of Section 10, which provided a process for granting permits to individuals or organizations that wanted to engage in activities that may harm endangered or threatened species, but only if the activity would also provide a net benefit to the species.
The Endangered Species Act Amendments of 1982 (October 14, 1982, P.L. 97-304): The 1982 amendment included a provision that required federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS) to ensure that their actions were not likely to jeopardize the continued existence of endangered or threatened species.
The Endangered Species Act Amendments of 1988 (October 7, 1988, P.L. 100-478): The 1988 amendment required federal agencies to develop and implement conservation plans for species listed as threatened, and also allowed for the establishment of experimental populations for certain species.
The National Defense Authorization Act for Fiscal Year 2004 (November 24, 2003, P.L. 108-136): The National Defense Authorization Act for Fiscal Year 2004 included an amendment to the ESA which authorized the Secretary of Defense to request an exemption for certain military activities from ESA regulations. The amendment allowed the Secretary of Defense to bypass the consultation process with federal wildlife agencies under the ESA if the Secretary determined that the military activities in question would have no significant impact on the species in question or their habitat. This exemption applied to military training, testing, and operations, and was intended to provide more flexibility to the Department of Defense in its use of military lands while still protecting endangered species.