The Evolution Of Esa: From Concept To Law

The Endangered Species Act (ESA) was signed into law by President Richard Nixon on December 28, 1973. The ESA is the primary law in the United States for protecting and conserving imperiled species. The ESA was designed to protect critically imperiled species from extinction as a consequence of economic growth and development untempered by adequate concern and conservation. The ESA is administered by two federal agencies: the United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS).

The ESA was signed into law by President Nixon in 1973

The Endangered Species Act (ESA) was signed into law by President Nixon on December 28, 1973. The ESA is the primary law in the United States for protecting and conserving imperiled species. It was designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation".

The ESA was written by a team of lawyers and scientists, including Dr. Russell E. Train, the first appointed head of the Council on Environmental Quality (CEQ). The ESA is administered by two federal agencies: the United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS).

The ESA has two main purposes: to prevent extinction and to recover species to the point where the law's protections are no longer needed. It aims to "protect species and the ecosystems upon which they depend" through various mechanisms. For example, Section 4 requires agencies overseeing the Act to designate imperiled species as threatened or endangered, while Section 9 prohibits the unlawful 'take' of such species, which includes harassing, harming, or hunting.

The ESA is considered a landmark conservation law and has been described as "one of the most powerful environmental statutes in the U.S. and one of the world's strongest species protection laws". It has been amended four times, in 1978, 1982, 1988, and 1992, and continues to be a crucial piece of legislation for the protection and conservation of endangered species in the United States.

The ESA is administered by the US Fish and Wildlife Service and the National Marine Fisheries Service

The US Fish and Wildlife Service and the National Marine Fisheries Service (NMFS) are the two federal agencies that administer the ESA. The US Fish and Wildlife Service, established in 1871, is the only federal government agency whose primary responsibility is to manage fish and wildlife resources in the public trust for people today and future generations. The Service has more than 560 National Wildlife Refuges, 70 national fish hatcheries, and numerous regional and field offices across the country. It also has nearly 8,000 employees working on thousands of active conservation projects.

The US Fish and Wildlife Service and the NMFS have been delegated by the ESA with the authority to promulgate any rules and guidelines within the Code of Federal Regulations (CFR) to implement its provisions. The two agencies are often collectively referred to as "the Services". The US Fish and Wildlife Service is responsible for terrestrial and freshwater organisms, while the NMFS is responsible for marine wildlife such as whales and anadromous fish such as salmon. Species that occur in both habitats (e.g. sea turtles and Atlantic sturgeon) are jointly managed.

The US Fish and Wildlife Service and the NMFS have similar roles and responsibilities in conserving, protecting, and enhancing fish, wildlife, plants, and their habitats. They work with others to achieve these goals for the continuing benefit of the American people. The two agencies also work in partnership with others to protect species in need and then pursue their recovery, as well as conserve candidate species and species-at-risk so that listing under the ESA is not necessary.

The US Fish and Wildlife Service and the NMFS have released a plan to improve and strengthen the implementation of the ESA. The set of proposed actions follows Executive Order 13990, which directed all federal agencies to review and address agency actions that conflict with Biden-Harris administration objectives, such as addressing climate change.

The ESA prohibits the taking of listed species

The Endangered Species Act (ESA) was signed into law by President Richard Nixon on December 28, 1973. The ESA is the primary law in the United States for protecting and conserving imperiled species.

The ESA provides a program for the conservation of threatened and endangered plants and animals and the habitats in which they are found. The Act is administered by two federal agencies: the United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS). These agencies maintain a worldwide list of endangered species, including birds, insects, fish, reptiles, mammals, crustaceans, flowers, grasses, and trees.

The ESA requires federal agencies to ensure that their actions do not jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitats. The Act also authorizes the FWS and NMFS to promulgate rules and guidelines within the Code of Federal Regulations (CFR) to implement its provisions.

The ESA's prohibition on taking listed species is a critical component of its conservation efforts. By prohibiting activities such as harassing, harming, or hunting, the ESA aims to protect imperiled species from extinction and promote their recovery. The prohibition on taking applies to all individuals, organizations, and federal agencies and is essential for ensuring the survival and recovery of endangered and threatened species.

The ESA is enforced through citizen suits, civil and criminal penalties

The Endangered Species Act (ESA) is a federal law that was enacted in 1973 to protect endangered and threatened species from extinction. The ESA is enforced through citizen suits, civil and criminal penalties.

Citizen Suits

The ESA gives the public the right to bring a citizen suit to enforce the statute's provisions. Under Section 11(g), citizens may file a civil suit to:

• Enjoin any person or organisation, including federal and state agencies, who are allegedly in violation of the ESA
• Compel the Secretary to enforce the ESA's take prohibitions or to list a species or designate critical habitat

A 60-day notice of intent to sue is required before bringing a citizen suit, giving the alleged violator or the Secretary time to address the violation and potentially avoid a lawsuit.

Civil Penalties

The ESA authorises civil penalties for violations of the take prohibition and other provisions. The civil penalties vary depending on the type of violation and the defendant's knowledge of the violation. As of 2023, the civil penalties are:

• $61,982 for knowingly taking an endangered animal
• $29,751 for knowingly taking a threatened animal
• $1,566 for otherwise violating a provision of the ESA, including negligently harassing a listed animal or unintentionally taking a listed species

Criminal Penalties

The ESA also imposes criminal penalties for knowing violations of its provisions. Criminal penalties include fines and imprisonment of up to one year for individuals and up to $200,000 for organisations. The criminal penalties are:

• Fine of up to $50,000 or imprisonment for up to one year, or both, for knowingly violating any provision of the ESA
• Fine of up to $25,000 or imprisonment for up to six months, or both, for knowingly violating any regulation issued under the ESA

Additionally, federal agencies may modify, suspend, or revoke leases, licenses, permits, or other agreements issued to a person convicted of a criminal ESA violation.

The ESA applies to all types of housing except owner-occupied buildings with no more than four units

The Fair Housing Act (FHA) is a federal law that protects tenants and home buyers from housing discrimination. It applies to most housing situations, including private housing, public housing, and housing that receives federal funding.

However, there are some exemptions to the FHA. One such exemption is for owner-occupied buildings with no more than four units. If the owner lives in one of the units in a building with four or fewer units, the FHA generally does not apply. This exemption is not absolute, and there may be local or state fair housing laws that offer protection in these situations. For example, in Massachusetts, the state fair housing law applies to all buildings except owner-occupied, two-family houses.

Another exemption to the FHA is for single-family homes rented or sold by the owner without the use of a broker, as long as the owner does not own more than three such homes. Religious organizations and private clubs are also exempt from the FHA, as long as they are not operating for commercial purposes.

It is important to note that even if a property is exempt from the FHA, it must still comply with the law's ban on discriminatory statements, notices, or advertising. Additionally, there may be local or state fair housing laws that offer protection in situations where the FHA does not apply.

The FHA prohibits discrimination in housing based on race, colour, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin. It also makes it illegal to harass individuals based on these protected characteristics. The FHA also provides additional protections for persons with disabilities, requiring reasonable accommodations and modifications to be made to allow them to enjoy their housing.

The Endangered Species Act (ESA) of 1973 is a different piece of legislation that focuses on protecting and conserving imperiled species. It was signed into law by President Richard Nixon on December 28, 1973, and has been amended several times since then. The ESA is administered by two federal agencies: the United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS).

Frequently asked questions