The Endangered Species Act of 1973

How the Act Was Formed and What’s Covered Under the ESA

Jul 19, 2008
Mia Carter

The bald eagle benefitted from the ESA. - Morguefile.com

The U.S. Congress passed the Endangered Species Act in 1973 as a way to ensure the implementation of conservation efforts for plants and animals in danger of extinction.

The Endangered Species Act (ESA) was passed by the United States Congress and signed into law on December 28, 1973 by President Richard Nixon.

The ESA was passed as a way to spur comprehensive conservation efforts that would help to ensure the survival of plants and animals (both vertebrates and invertebrates) that were in danger of extinction. The act was designed to provide protection to the at-risk species of plants and animals, along with the ecosystems that those species rely upon for survival.

Under the ESA, there are two categories: threatened species and endangered species. According to the U.S. Fish and Wildlife Service, threatened species are defined as a species that’s failing to thrive and declining in population, therefore becoming at risk of endangerment in the “foreseeable future.” An endangered species is a species that is actively moving toward extinction.

In July of 2008, there were a total of 1,238 threatened or endangered animals protected under the act; and a total of 747 threatened or endangered plants protected under the act. Both endangered or threatened species lists are updated daily by the U.S. Fish and Wildlife Service.

Enforcing the Endangered Species Act

There are two agencies that oversee and enforce regulations relating to the Endangered Species Act of 1973: The U.S. Fish and Wildlife Service or the FWS and the U.S. National Oceanic and Atmospheric Administration Fisheries Service or NOAA.

These government agencies actively manage and update the Endangered Species list, and it’s these organizations that also accept petitions requesting the addition of a plant or animal to the list.

There is also a degree of enforcement associated with the Endangered Species Act.

An endangered species is protected in a variety of ways:

People are prohibited from removing an endangered species from its natural environment (with the exception of an injured animal that is in need of veterinary care or rehabilitation.)
Endangered species cannot be hunted.
Intentionally harming or maiming an endangered species is illegal.
Activity that directly poses a danger to an endangered species’ welfare and survival is prohibited.
Importing, exporting or selling an endangered plant or animal is prohibited.
The plant or animal’s habitat is also protected under the ESA, therefore this limits the expansion into certain areas that constitute the endangered species’ habitat. This includes residential development, commercial development, industrial development and the development of infrastructure (i.e. roads).
Other elements of the ecosystem are indirectly protected under the ESA, if those elements are vital to an endangered or threatened species’ survival.

Since the passage of the Endangered Species Act, the awareness of humans’ impact on the environment has increased exponentially.

Many species – such as the American Bald Eagle – have benefited from their time on the Endangered Species List, and today, the Bald Eagle is no longer considered an endangered species.

An array of wildlife protection and conservation organizations have also formed in recent years, and along with the staff of the National Parks Service, they help capture ill and injured animals who are then sent to an array of rehabilitation facilities for rehabilitation for eventual release into the wild, or rehabilitation for life in captivity.

Typically, endangered species who remain in captivity following illness or injury are entered into breeding and education programs to help perpetuate the species and awareness of the Endangered Species Act.