Endangered Species Act of 1973

Endangered Species Act of 1973
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
Public law url	http://www.gpo.gov/fdsys/pkg/STATUTE-87/pdf/STATUTE-87-Pg884.pdf
Public law	93-205
Statutes at large	87, 884
Titles amended	16 U.S.C.: Conservation
Sections created	16, 1531 et seq.
Introducedin	Senate
Introducedby	Harrison A. Williams (D–NJ)
Committees	Senate Commerce
Passedbody1	Senate
Passeddate1	July 24, 1973
Passedvote1	92–0
Passedbody2	House
Passeddate2	September 18, 1973
Passedvote2	390–12
Agreedbody3	Senate
Agreeddate3	December 19, 1973
Agreedvote3	agreed
Agreedbody4	House
Agreeddate4	December 20, 1973
Agreedvote4	agreed
Signedpresident	Richard Nixon
Signeddate	December 28, 1973

Endangered Species Act of 1973 is a landmark piece of environmental legislation in the United States. It provides a framework for the conservation and protection of species at risk of extinction and the ecosystems upon which they depend. Administered primarily by the United States Fish and Wildlife Service and the National Marine Fisheries Service, it is considered one of the world's most powerful wildlife protection laws.

Background and legislative history

The act built upon earlier, weaker statutes like the Endangered Species Preservation Act of 1966 and the Endangered Species Conservation Act of 1969. Growing public concern for the environment, catalyzed by works like Rachel Carson's Silent Spring, and events like the Santa Barbara oil spill, created significant political momentum. Key legislative sponsors included Senator Harrison A. Williams and Representative John Dingell. The bill passed with overwhelming bipartisan support, reflecting the era's strong environmental ethos, and was signed into law by President Richard Nixon on December 28, 1973.

Provisions and key sections

The law's core provisions are found in several key sections. Section 4 mandates the listing of species as "endangered" or "threatened" based solely on the best available scientific data, and requires the designation of "critical habitat." Section 7 requires all federal agencies to ensure their actions do not jeopardize listed species or adversely modify their critical habitat, a process overseen by the United States Fish and Wildlife Service. Section 9 broadly prohibits the "take" of listed animals, which includes harming, harassing, or killing. Section 10 allows for permits for incidental take through approved Habitat Conservation Plans.

Implementation and administration

Primary administrative authority is divided: the United States Fish and Wildlife Service oversees terrestrial and freshwater species, while the National Marine Fisheries Service (part of the National Oceanic and Atmospheric Administration) manages most marine species. Implementation involves a rigorous scientific process conducted by agency biologists, including status reviews and recovery planning. The act also mandates cooperation with state agencies through tools like Candidate Conservation Agreements and provides for cooperation with foreign nations and entities like the International Union for Conservation of Nature.

Impact and effectiveness

The act is credited with preventing the extinction of numerous iconic species, including the bald eagle, American alligator, gray wolf, and grizzly bear. Its "critical habitat" and "jeopardy" provisions have influenced major federal projects, such as those managed by the United States Forest Service and the Bureau of Land Management. As of the 21st century, over 1,600 species in the United States and abroad are listed, with dozens having been recovered and delisted, such as the Peregrine falcon. The act has served as a model for similar laws in other nations.

Controversies and legal challenges

The law has been a frequent source of litigation and political debate, often centered on conflicts between species protection and economic development. A landmark case, Tennessee Valley Authority v. Hill (1978), affirmed the act's power by halting the nearly complete Tellico Dam to protect the snail darter. Other contentious listings, like the northern spotted owl, have sparked conflicts with the timber industry in the Pacific Northwest. Critics, including some members of the United States Congress and industry groups, argue the law imposes excessive regulatory burdens on private landowners, agriculture, and energy development.

Amendments and reauthorizations

Significant amendments were passed in 1978, 1982, and 1988. The 1978 amendments created the Endangered Species Committee, or "God Squad," with the power to exempt projects from Section 7. The 1982 amendments introduced the Habitat Conservation Plan mechanism under Section 10 to balance development and conservation. While the act's authorization for appropriations expired in 1992, Congress has continued to fund its implementation through annual appropriations bills. Periodic legislative efforts to substantially revise the act, often led by members of the Republican Party, have been met with strong opposition from environmental groups like the Sierra Club and the Natural Resources Defense Council.

Category:United States federal environmental legislation Category:1973 in the environment Category:1973 in American law