| Provision | Description and Enforceability |
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Purpose and Policy; ESA Section 2 (16 U.S.C. § 1531) |
To provide: “a means whereby the ecosystems upon which endangered
species and threatened species depend may be conserved, to provide a program for
the conservation of such endangered species and threatened species.”
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Definition of “Take; Section 3 (16 U.S.C. § 1532) |
“Take” is broadly defined to include any actions that harm the
species, including “habitat modification or degradation where it actually
kills or injures wildlife by significantly impairing essential behavior
patterns, including breeding, feeding, or sheltering” (50 CFR § 17.3). |
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Listing; ESA Section 4 (16 U.S.C. § 1533(a)(1)) |
The listing is deemed appropriate if the continued existence of the species
is jeopardized by one or more of the following factors: (1) The present or
threatened destruction, modification, curtailment of the species habitat or
range; (2) Over-utilization for commercial, recreational, scientific, or
educational purposes; (3) Disease or predation; (4) Inadequacy of existing
regulatory mechanisms; or (5) “Other factors” affecting the species
continued existence (16 U.S.C. § 1533(a)(1)). Several hard deadlines for
acting on listing decisions. |
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Critical habitat designation; ESA Sections 3 and 4 (16 U.S.C. § § 1532 (5)(A), 1533(a)(3)(A)) |
“Critical habitat” is defined as: (1) specific areas within the
geographical area occupied by the species at the time of listing, if they
contain physical or biological features essential to conservation, and those
features may require special management considerations or protection; and (2)
specific areas outside the geographical area occupied by the species if the
agency determines that the area itself is essential for conservation. Economic
factors considered in designation. Alteration of critical habitat triggers the
consultation requirement. Critical habitat must be designated concurrently or
within one year of decision to list the species. |
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Recovery Plans; ESA Section 4(f)( 16 U.S.C. § 1533(f)) |
Recovery plans must contain: (1) objective measurable criteria for
delisting the species; (2) site-specific actions; and (3) estimates of the time
and cost for implementing the recovery plan. |
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Consultation process; ESA Section 7 (16 U.S. C. § 1536) |
Requires all federal agencies to consult with the appropriate wildlife
agency to ensure that their actions are not likely to jeopardize the continued
existence of listed species or result in destruction or adverse modification of
critical habitat. Mandatory; failure to engage in consultation legally
enforceable. |
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Prohibition Against “Take”; ESA Section 9 (16 U.S. C. § 1540) |
It is illegal to “take” a listed species (see previous definition)
without a permit under Sections 7 or 10. Seldom enforced against private parties
due to burden of proof issues—must show “actual injury” to
listed species. |
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Habitat Conservation Planning and Non-essential/experimental
populations; ESA Section 10 (16 § U.S.C. 1539) |
Exceptions to “take” prohibition. Allows for permits for incidental take to
be granted in association with the development of Habitat Conservation Plans on
private lands; allows for the establishment of and maintenance of experimental
populations in order to facilitate recovery. |
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Citizen enforcement mechanism; ESA section 11 (16 § U.S.C. 1540 (g)) |
Subsection (g) allows any citizen to petition for listing of a species and/or
compel the government to perform nondiscretionary duties under the law (e.g.,
engage in consultation under Section 7). |