Endangered Species Act

Endangered Species Act
Shorttitle	Endangered Species Act of 1973
Longtitle	An Act to provide for the conservation of endangered and threatened species of fish, wildlife, and plants, and for other purposes.
Enacted by	93rd
Effective date	December 28, 1973
Cite public law	93-205
Acts amended	Endangered Species Preservation Act of 1966, Endangered Species Conservation Act of 1969
Title amended	16 U.S.C.: Conservation
Introducedin	Senate
Introducedby	Harrison A. Williams (D–NJ)
Introduceddate	June 12, 1973
Committees	Senate Commerce
Passedbody1	Senate
Passeddate1	July 24, 1973
Passedvote1	92-0
Passedbody2	House
Passeddate2	September 18, 1973
Passedvote2	390-12
Passedbody3	House
Passeddate3	December 20, 1973
Passedvote3	agreed
Passedbody4	Senate
Passeddate4	December 19, 1973
Passedvote4	agreed
Signedpresident	Richard Nixon
Signeddate	December 28, 1973
Amendments	Endangered Species Act Amendments of 1978, Endangered Species Act Amendments of 1982, Endangered Species Act Amendments of 1988
Scotus cases	Tennessee Valley Authority v. Hill (1978), Babbitt v. Sweet Home Chapter of Communities for a Great Oregon (1995)

Endangered Species Act. Enacted in 1973 under President Richard Nixon, it is one of the most comprehensive wildlife conservation laws in the United States. Its primary purpose is to protect and recover imperiled species and the ecosystems upon which they depend. The law is administered primarily by the United States Fish and Wildlife Service and the National Marine Fisheries Service.

History and background

The legislation emerged from growing environmental awareness in the 1960s, building upon earlier, weaker statutes like the Endangered Species Preservation Act of 1966. Key figures like Harrison A. Williams and John Dingell were instrumental in its passage. It was signed into law with strong bipartisan support, reflecting the era's conservation ethos following events like the publication of Silent Spring and the first Earth Day.

Key provisions and legal framework

The law prohibits the "take" of listed endangered species, a term broadly defined to include harming or harassing. It requires federal agencies, through Section 7, to ensure their actions do not jeopardize listed species or destroy critical habitat. Furthermore, it mandates the development and implementation of recovery plans for listed species and allows for cooperation with states and foreign governments.

Listing process and species protection

Species are listed as "endangered" or "threatened" based solely on the best available scientific and commercial data, a process managed by the United States Fish and Wildlife Service or the National Marine Fisheries Service. The designation of critical habitat often accompanies a listing. Well-known protected species include the bald eagle, gray wolf, and Florida panther.

Implementation and enforcement

The United States Department of the Interior and the United States Department of Commerce share administrative duties. Enforcement is carried out by agents from the Office of Law Enforcement and can include significant penalties. The Citizen suit provision allows private citizens to sue to enforce the law, a powerful tool used by groups like the Sierra Club and the Center for Biological Diversity.

Impact and controversies

The law is credited with preventing the extinction of numerous species, such as the whooping crane and the California condor. However, it has been a source of conflict, particularly between conservation goals and economic interests like logging, mining, and agriculture. Landmark legal battles, including Tennessee Valley Authority v. Hill, have tested its authority and scope.

Amendments and related legislation

Major amendments were passed in 1978, 1982, and 1988, often to address implementation concerns. Related statutes include the Migratory Bird Treaty Act and the Marine Mammal Protection Act. Its principles have influenced international agreements like the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Category:United States federal environmental legislation Category:1973 in the environment Category:Species conservation