Federal Endangered Species Act

Passed in 1973 and reauthorized in 1988, the Endangered Species Act (ESA) regulates a wide range of activities affecting plants and animals designated as endangered or threatened (16 U.S.C. § 1531 et seq.). By definition, endangered species is an animal or plant listed by regulation as being in danger of extinction. A threatened species is any animal or plant that is likely to become endangered within the foreseeable future. A species must be listed in the Federal Register as endangered or threatened for the provisions of the act to apply.

The Act prohibits the following activities involving endangered species:

• Importing into or exporting from the United States.
• Taking (includes harassing, harming, pursuing, hunting, shooting, wounding, trapping, killing, capturing, or collecting) within the United States and its territorial seas.
• Taking on the high seas.
• Possessing, selling, delivering, carrying, transporting, or shipping any such species unlawfully taken within the United States or on the high seas.
• Delivering, receiving, carrying, transporting, or shipping in interstate or foreign commerce in the course of a commercial activity.
• Selling or offering for sale in interstate or foreign commerce.

The Act also provides for:

• Protection of critical habitat (habitat required for the survival and recovery of the species).
• Creation of a recovery plan for each listed species.

Prohibitions apply to endangered species, their parts, and products. Most of these restrictions also apply to species listed as threatened unless the species qualifies for an exception. The Act also requires that wildlife be imported or exported through designated ports and that special declarations be filed. If the value of wildlife imported and/or exported is $25,000 per year or more, importers and exporters must be licensed.

Exceptions
Permits may be granted for scientific or propagation purposes or for economic hardship situations involving endangered or threatened species.

Penalties
Violators of the Endangered Species Act are subject to fines of up to $50,000 and one year's imprisonment. Fish, wildlife, plants, and vehicles and equipment used in violations may be subject to forfeiture.

Rewards
Individuals providing information leading to a civil penalty or criminal conviction may be eligible for cash rewards.

The Endangered Species Act provides for listing plant and animal species into the following catagories:

Listed Endangered Species

Listed Threatened Species

Proposed Endangered Species

Proposed Threatened Species

Candidate Species (Category 1 - awaiting listing)

DL

Delisted Species (Species removed from endangered or threatened list)

Removed from list due to extinction
Removed from list due to taxonomic change
Removed from list because of abundance