(ESA) is to conserve threatened and endangered plants and animals and the ecosystems upon which they depend. Congress passed the ESA in 1973 with recognition that the natural heritage of the United States was of aesthetic, ecological, educational, recreational, and scientific value to our Nation and citizens. Congress understood that, without protection, many of our nation’s living resources would become extinct. Species at risk of extinction are considered “endangered,” whereas species that are likely to become endangered in the foreseeable future are considered “threatened.” Today, about 1,900 species are listed as threatened or endangered under the ESA.
The U.S. Fish and Wildlife Service (FWS) and the U.S. National Oceanic and Atmospheric Administration (NOAA) Fisheries Service share responsibility for implementing the ESA. Section 9 of the ESA prohibits anyone from “taking” or “harming” endangered wildlife, and similar protection is extended to threatened wildlife. That means that the ESA applies to all individuals, groups, businesses, property owners, and others. If an intended action might harm a threatened or endangered species, authorization must be obtained from one of the two Services – namely, Fish and Wildlife or NOAA Fisheries. Further, Section 7 of the ESA requires that each federal agency ensure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any listed species or destroy or adversely modify any critical habitat.
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