Accreditation and the law

Endangered Species Act

Also called ESA, Endangered Species Act of 1973, federally listed species

Definition

The Endangered Species Act (ESA) is a U.S. law, signed in 1973, that protects plants and animals listed as endangered or threatened and aims to recover them. It is administered by the U.S. Fish and Wildlife Service and NOAA's National Marine Fisheries Service.

On this page
  1. Definition
  2. What the Endangered Species Act is
  3. Endangered vs. threatened
  4. Who runs it
  5. What protection means
  6. ESA vs. the IUCN Red List
  7. The ESA and zoos
  8. Examples
  9. Common questions

What the Endangered Species Act is

The Endangered Species Act (ESA) is the main U.S. law for protecting species at risk of extinction. President Richard Nixon signed it on December 28, 1973. It has two goals: prevent extinction, and recover species until they no longer need the law's protection.

It replaced two earlier, narrower laws: the Endangered Species Preservation Act of 1966 and the Endangered Species Conservation Act of 1969.

Endangered vs. threatened

The ESA has two listing levels:

  • Endangered: a species in danger of extinction throughout all or a significant portion of its range.
  • Threatened: a species likely to become endangered within the foreseeable future.

Almost any plant or animal can be listed, except pest insects. The law can also list subspecies and, for vertebrates, distinct population segments, so a species can be protected in one region and not another.

Who runs it

Two federal agencies share the job:

  • the U.S. Fish and Wildlife Service (FWS), mainly for land and freshwater species;
  • NOAA's National Marine Fisheries Service (NMFS), mainly for marine species such as whales and salmon.

They decide which species to list, design recovery plans, and enforce protections.

What protection means

Once a species is listed, the ESA:

  • makes it illegal to "take" it, which includes harming, harassing, hunting, capturing or killing;
  • restricts buying, selling and transporting it across state lines or national borders;
  • requires federal agencies to make sure their actions don't jeopardize listed species;
  • allows the protection of critical habitat.

The ESA is also how the U.S. carries out its obligations under CITES, the international wildlife trade treaty.

ESA vs. the IUCN Red List

People often mix these up. The IUCN Red List is a global scientific assessment of extinction risk. The ESA is a U.S. law with legal consequences. They are decided separately, so the labels don't always match.

The bald eagle is a good example: it was removed from the ESA list in 2007 after a strong recovery, and it is rated Least Concern on the Red List. A species can also be Endangered on the Red List without being listed under the ESA at all, especially if it lives outside the U.S.

The ESA and zoos

Zoos that keep ESA-listed animals need federal permits for some activities, such as importing them or selling them across state lines. Many ESA recovery plans include zoo breeding and reintroduction programs. Zoo-bred California condors, red wolves and whooping cranes have all been released to the wild as part of recovery efforts. Our article on how zoos help conservation has more examples.

Examples

Common questions

  • What is the difference between endangered and threatened under the ESA?

    Under the Endangered Species Act, an endangered species is in danger of extinction throughout all or a significant portion of its range. A threatened species is likely to become endangered within the foreseeable future.

  • Who decides which species are listed under the ESA?

    The U.S. Fish and Wildlife Service handles land and freshwater species, and NOAA's National Marine Fisheries Service handles most marine species, such as whales and salmon. They list species based on the best available scientific information.

  • Is the Endangered Species Act the same as the IUCN Red List?

    No. The ESA is a U.S. law with legal protections, decided by U.S. agencies. The IUCN Red List is a global scientific assessment with no legal force of its own. A species can be listed under one and not the other, or in different categories.

  • When was the Endangered Species Act passed?

    President Richard Nixon signed the Endangered Species Act on December 28, 1973. It replaced earlier, narrower laws from 1966 and 1969.

Sources

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