Everything you need to know about ranked-choice voting in one spot.Click to learn more!

Implementation of the Endangered Species Act

From Ballotpedia

BP-Initials-UPDATED.pngThis Ballotpedia article is in need of updates. Pleaseemail us if you would like to suggest a revision. If you would like to help our coverage grow, considerdonating to Ballotpedia.



Environmental Policy Logo on Ballotpedia.png

State environmental policy
U.S. environmental policy
Endangered species policy
State endangered species
Federal land policy
Environmental terms
Public Policy Logo-one line.png

Implementation of the Endangered Species Act (ESA) is meant to prevent the extinction ofendangered and threatened species throughout theUnited States. TheU.S. Fish and Wildlife Service and the U.S. National Oceanic Atmospheric Administration (NOAA) implement the act.[1]

As of May 2016, there were 2,389endangered and threatened species listed under the Endangered Species Act (ESA) in the 50 states and around the world.

Policies

Because the U.S. Fish and Wildlife Service (FWS) is responsible for mostEndangered Species Act (ESA) actions, this page will refer to actions by the FWS. The U.S. National Oceanic and Atmospheric Administration (NOAA) Fisheries Service is responsible for ESA actions related to marine species, although the agency may not be mentioned throughout this page.

The Endangered Species Act's is meant to eliminate threats to a species' survival, such as habitat loss, disease and predators, insufficient regulatory activities, and natural or manmade factors. The goal of the law is to reduce or eliminate these threats so that species no longer need the law's protections. TheU.S. Fish and Wildlife Service (FWS) and U.S. National Oceanic and Atmospheric Administration (NOAA) Fisheries Service oversee the federal list of endangered and threatened species. An endangered species is any species "in danger of extinction throughout all or a significant portion of its range." A threatened species is any species "likely to become an endangered species within the foreseeable future." All species of plants and animals, except pest insects, are eligible forendangered or threatened status.[2][3]

Federal listing of species

TheU.S. Fish and Wildlife Service uses the following five criteria to list a species as endangered or threatened. If one or more of these criteria are met, the government can take action to list the species:[2]

  • the present or threatened destruction, modification, or curtailment of its habitat or range;
  • overutilization for commercial, recreational, scientific, or educational purposes;
  • disease or predation;
  • the inadequacy of existing regulatory mechanisms;
  • other natural or manmade factors affecting its survival.[4]
—U.S. Fish & Wildlife Service[2]

Listed species

The table below summarizes the number of endangered and threatened species. As of May 2016, there were 698 federally listed animal species in theUnited States—497 endangered species and 201 threatened species. There were 898 federally listed plant species—732 endangered species and 166 threatened species—as of May 2016. Including foreign species, the total number of species on the federal list was 2,269 as of May 2016.[5]

Listing of endangered or threatened species under the Endangered Species Act (as of May 2016)
TypeUnited StatesForeignTotal listings (U.S. and foreign)U.S. listings with active recovery plans
EndangeredThreatenedTotal listingsEndangeredThreatenedTotal listings
Animal497201698586846701,368482
Plant732166898123901676
Total1,2293671,596587866732,2691,158
Source:U.S. Fish and Wildlife Service, "Summary of Listed Species, Listed Populations and Recovery Plans," accessed May 11, 2016

Click the [show] button below to see the breakdown of all endangered and threatened animal species in the United States by animal group as of May 2016.[5]

Endangered and threatened animal species by group (as of May 2016)
Animal/wildlife groupNumber of endangered speciesNumber of threatened speciesTotal listings (endangered and threatened)
Amphibians201535
Annelid worms000
Arachnids12012
Birds782098
Clams751388
Corals066
Crustaceans23427
Fishes9270162
Flatworms and roundworms000
Hydroids000
Insects641175
Mammals7923102
Millipedes000
Reptiles162743
Snails381250
Sponges000
Animal totals497201698
Source:U.S. Fish and Wildlife Service, "Summary of Listed Species, Listed Populations and Recovery Plans," accessed May 11, 2016

Click the [show] button below to see the breakdown of all endangered and threatened plant species by plant group as of May 2016.[5]

Endangered and threatened plant species by group (as of May 2016)
Plant groupNumber of endangered speciesNumber of threatened speciesTotal listings (endangered and threatened)
Conifers and cycads134
Ferns and allies29231
Flowering plants700161861
Lichens202
Plant totals732166898
Source:U.S. Fish and Wildlife Service, "Summary of Listed Species, Listed Populations and Recovery Plans," accessed May 11, 2016

The table below shows the number of endangered and threatened animals and plants in each state as of May 2016. The data below is based on the Fish and Wildlife Service's estimates of where federally listed species are believed or known to occur based on the best available information.

As of May 2016, there were 2,389 endangered and threatened species listed in the 50 states. This total does not include species in U.S. territories and includes species that are listed in more than one state. The list contained 1,353 animal species and 1,036 plant species as of May 2016.[6]

Endangered and threatened species under the Endangered Species Act by state (as of May 2016)
StateNumber of endangered and threatened speciesAnimal speciesPlant species
Alabama12710522
Alaska12111
Arizona654421
Arkansas34295
California305122183
Colorado331716
Connecticut1192
Delaware1064
Florida1246460
Georgia694227
Hawaii43466368
Idaho15114
Illinois31229
Indiana25196
Iowa17125
Kansas18162
Kentucky423210
Louisiana22193
Maine1183
Maryland17116
Massachusetts15123
Michigan25178
Minnesota18144
Mississippi46433
Missouri392910
Montana15123
Nebraska14104
Nevada392910
New Hampshire1073
New Jersey16106
New Mexico534013
New York21138
North Carolina593227
North Dakota1091
Ohio25196
Oklahoma22211
Oregon563620
Pennsylvania14122
Rhode Island972
South Carolina371621
South Dakota15132
Tennessee937320
Texas976730
Utah421725
Vermont532
Virginia695217
Washington483711
West Virginia22166
Wisconsin21147
Wyoming1284
United States total*2,3891,3531,036
*Note: Excludes U.S. territories
Source:U.S. Fish and Wildlife Service, "Species listed in each state based on published historic range and population data"

Candidate species

The dwarf seahorse (Hippocampus zosterae) was placed on the candidate species list in 2012.

TheU.S. Fish and Wildlife Service (FWS) and the U.S. National Oceanic and Atmospheric Administration (NOAA) maintain a list ofcandidate species, which are animal and plant species that are eligible for listing asendangered or threatened but are precluded due to higher priority listing actions. The agencies' also manage a list of candidates fordelisting (the process where federal protection is removed from a species).[2]

Since 1996, a candidate species must have sufficient information on its status and habitat before the FWS can propose the species for candidate status. To keep in compliance with this rule, the FWS requires information on the biological status and threats to individual species from state and federal agencies, and the information must be accurate and thorough enough to justify the species' placement on the list of candidate species.[2][7]

Taking prohibition

The act makes the taking of an endangered or threatened species illegal. According to the act, to take a species means to "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct." TheU.S. Fish and Wildlife Service further defines harm to mean "an act which actually kills or injures wildlife." Taking a species can also include "breeding, feeding or sheltering" a listed species. State governments may apply further prohibitions against the taking of anendangered or threatened species.[2][8][9]

State protection

The Endangered Species Act authorizes federal funding to states as an incentive to enter into cooperative agreements with the federal government to conserve and manage endangered and threatened species. States must adopt their own endangered and threatened species management programs and have them approved by the federal government in order to receive funds. The states must also meet the following conditions before they can receive federal funding:[10]

  • States must conserve federally listed species.
  • States must create "acceptable conservation programs" for all federally listed species. States must also provide detailed plans for these programs to theU.S. Department of Commerce.
  • States must be authorized by theU.S. Fish and Wildlife Service to conduct investigations to determine a species'endangered or threatened status.
  • States must be authorized by theU.S. Fish and Wildlife Service before they operate programs to acquire land or aquatic habitats for conserving federally listed species.

Delisting a species

See also:Delisting a species
The gray whale was removed from the federal endangered species list in 1994 due to recovery.

Delisting is the process of removing a species' endangered or threatened status. Downlisting is a reclassification of a species' status from endangered to threatened. To delist a species, the U.S. Fish and Wildlife Service must determine that the species is no longer threatened. To do this, the service looks at a species' population size and growth, the stability of its habitat and the natural or human-made threats to its continued recovery. Species are also delisted when they become extinct. Once a species is delisted through recovery or extinction, that species is no longer considered a candidate species.[11][12][13]

As of May 2016, 63 species were delisted. Of those species, 34 were delisted due to recovery, 19 species were listed in error (for scientific reasons or because new information about a species was discovered) and 10 species went extinct.[11]

Permits

The act allows permits to be granted for some private activities that may affect a listed species or its habitat.[14]

Below are the following Endangered Species Act permits:[14]

  • Incidental take permit: An incidental take permit is required if an activity may result in thetaking of anendangered or threatened species. Those who apply for the permit must submit a plan to the proper federal or state authority ensuring that the effects of taking the species will be minimized and/or mitigated.
  • Enhancement of survival permit: An enhancement of survival permit allows private landowners to implement conservation activities for an endangered or threatened species. The permit allows that permitted landowners will not face additional land restrictions for their conservation actions.
  • Recovery and interstate commerce permits: Recovery permits allow thetaking of an endangered or threatened species in order to foster its recovery. Recovery permits are issued for scientific research on listed species. Interstate commerce permits allow the transportation and sale of listed species across state lines for breeding or scientific research.

Recovery plans

The act requires the development of recovery plans for federally listed species. Recovery plans "describe the steps needed to restore a species to ecological health" and thereby delist the species. The plans are developed and implemented by the Fish and Wildlife Service and the National Marine Fisheries Service (NMFS) in association with other government agencies (federal, state and local) as well as nongovernmental organizations. As of May 2016, there were 1,158 active recovery plans in either draft form or final form for U.S.-listed species.[15][16][17]

Federal and state coordination

Under theEndangered Species Act, theU.S. Department of the Interior must cooperate with state governments to conservelisted species:

  • States can enter into a cooperative agreement with the federal government to manageendangered and threatened species.
  • The federal government must consult with a state before the Department of the Interior can acquire water or land forendangered speciesconservation within that state.
  • States cooperating with the federal government may receive financial assistance for species conservation under the federal Cooperative Endangered Species Conservation Fund. The level of funding to each state is determined by the number ofendangered and threatened species within a state, the potential for recovering certainendangered or threatened species within a state, the risks facing these species (in terms of the species' survival), the benefits of monitoringcandidate species to keep them off the federal list, and other factors.
  • States must match the federal funding they receive with a minimum of 25 percent in state-level funding.[18]

Recent news

The link below is to the most recent stories in a Google news search for the termsEndangered Species Act Implementation. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

Footnotes

  1. U.S. Fish and Wildlife Service, "Improving ESA Implementation," accessed May 15, 2015
  2. 2.02.12.22.32.42.5U.S. Fish and Wildlife Service, "ESA Basics," accessed September 26, 2014
  3. U.S. National Oceanic and Atmospheric Administration, "Section 2(B) of the Endangered Species Act (1972)," accessed September 26, 2014
  4. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  5. 5.05.15.2U.S. Fish and Wildlife Service, "Summary of Listed Species, Listed Populations and Recovery Plans," accessed December 1, 2015
  6. U.S. Fish and Wildlife Service, "Species listed in each state based on published historic range and population data," accessed May 20, 2016
  7. U.S. Fish and Wildlife Service, "Final Decision on Identification of Candidates for Listing as Endangered or Threatened," accessed September 26, 2014
  8. U.S. Environmental Protection Agency, " Endangered Species Act (ESA) Requirements for Construction Activities," accessed September 26, 2014
  9. National Wildlife Service, "Endangered Species Act," accessed January 29, 2015
  10. Cornell University Law School, "16 U.S. Code, Section 1535 (Endangered Species Act)," accessed September 26, 2014
  11. 11.011.1U.S. Fish and Wildlife Service, "Delisted Species Under the Endangered Species Act (ESA)," accessed May 18, 2015
  12. U.S. Fish and Wildlife Service, "Section 4 of the Endangered Species Act," accessed September 26, 2014
  13. Regional Perspectives in Marine Biology, "Recruitment in Coral Reef Fish Populations," accessed July 8, 2015
  14. 14.014.1U.S. Fish and Wildlife Service, "Permits," accessed January 8, 2015
  15. U.S. Fish and Wildlife Service, "ESA Basics: 40 Years of Conserving Endangered Species," January 1, 2013
  16. U.S. Fish and Wildlife Service, "Endangered Species Act of 1973 as Amended through the 108th Congress," accessed August 13, 2014
  17. U.S. Fish and Wildlife Service, "Listed FWS/Joint FWS and NMFS Species and Populations with Recovery Plans (sorted by Listed Entity)," accessed May 26, 2016
  18. U.S. Fish and Wildlife Service, "Cooperative Endangered Species Conservation Fund," accessed December 14, 2015
v  e
Environmental Policy
BackgroundEnvironmental Policy Project
Energy and environmental news
Environmental terms
Air pollutantsAir Quality IndexBLM grazing permitCarbon dioxideCarbon footprintClean Air ActClean Water ActClimate change • ConservAmerica •Cross State Air Pollution RuleDeep ecologyEcologyEndangered speciesImplementation of the Endangered Species ActEnvironmental chemistryEnvironmental engineeringEnvironmental healthEnvironmental restorationEnvironmental scienceFederal landFrackingGreenhouse effectGreenhouse gasGround-level ozone standardsGround waterHazardous air pollutantIntergovernmental Panel on Climate ChangeKeystone XLMercury and air toxics standardsMunicipal solid wasteNational Ambient Air Quality StandardsNational Pollutant Discharge Elimination SystemNational Priorities List of Superfund sites • National Wildlife Federation •Natural resourcesNonpoint source of water pollutionOilOzonePesticidePetroleumPoint source of water pollutionPublic water systemRadioactive wasteRenewable energy resourcesRenewable Portfolio StandardsSolar energyState parkSuperfundTraditional energy resourcesU.S. Bureau of Land ManagementU.S. Environmental Protection Agency • •U.S. Fish and Wildlife ServiceU.S. Forest ServiceU.S. Geological SurveyWastewater treatmentWater quality criteriaWetlandWilderness ActWilderness SocietyWind energy
Endangered species terms
Environmental policy by state
Endangered species policy
Endangered species policy by state
Environmental statistics
Endangered species statistics
Ballotpedia
Editorial Content
Josh Altic, Director of ContentDaniel Anderson, Associate Director of Elections & DataCory Eucalitto, Associate Director of FeaturesRyan Byrne, Managing Editor of Ballot MeasuresMandy McConnell, Managing Editor of NewsDoug Kronaizl, Managing Editor of Local ExpansionAbbey Smith, Managing Editor of ElectionsJanie Valentine, Managing Editor of LawJoel Williams, Managing Editor of EventsJoseph Greaney, Managing Editor of PolicyAndrew BahlJaclyn BeranMarielle BrickerJoseph BrusgardEmma BurlingameKelly CoyleJon DunnVictoria EdwardsThomas EllisNicole FisherThomas GrobbenBrianna HoseaMolly KehoeTyler KingGlorie MartinezNorm Leahy, Senior EditorNathan MaxwellJimmy McAllisterBrandon McCauleyAndrew McNairEllie MikusMackenzie MurphyKaley PlatekSamantha PostAdam PowellAnnelise ReinwaldSpencer RichardsonVictoria RoseBriana RyanMyj SaintylMaddy SaluckaEmma SoukupAlexis ThackerMina VogelSamuel WonacottTrenton Woodcox