Endangered Species Act Requirements

• Ivory from African elephants is specifically prohibited under the ESA.asian elephants image by Wimbledon from Fotolia.com
  
  In 1973, Congress passed the Endangered Species Act (ESA) to ensure that imperiled species and their habitats were protected from extinction. According to the U.S. Fish and Wildlife Service (USFWS), each of the nation's species contributes "aesthetic, ecological, educational, recreational and scientific value" to our national heritage. A species must meet specific requirements---and be evaluated through several channels---to be considered for the list. Once listed, another set of requirements explains the activities from which that species is protected (see reference 1).
  
  

Endangered or Threatened Species

• The ESA defines an endangered species as "in danger of extinction" throughout all or most of its natural habitat. Insects which, if protected, would pose an "overwhelming and overriding risk to man" are specifically excluded from the ESA. A species is considered "threatened" when there is a distinct possibility it could become endangered within the foreseeable future, throughout all or most of its natural habitat (see reference 2).
  
  

Adding to the List

• For a species to be considered for the endangered or threatened list, according to the ESA, the U.S. secretary of commerce must identify "the threatened destruction, modification or curtailment" of its habitat or migratory range. Overusing a species for commercial, scientific or recreational means can also lead to a threat of endangerment, as can a lack of regulation in industries that use certain species in production or manufacturing. Predation and disease commonly threaten the propagation of species as well. Once the secretary of commerce has identified the threat, it must be reported to the secretary of the interior for evaluation. The latter can determine whether a species is added to the list. If so, it is officially added to the Federal Register and a public notice is published [see reference 2 (Section 4)].
  
  

After a Species is Added

• Once a species has been listed as endangered or threatened, the USFWS works with the National Marine Fisheries Service (NMFS) to enforce the ESA statutes. According to the National Oceanic and Atmospheric Administration (NOAA), these agencies are consulted to help determine the "critical habitat" that should be protected for each species. They also help design "recovery plans" to propagate listed species and issue grants to states to help conserve habitats (see reference 3). If a species has been successfully recovered, the secretary of commerce must evaluate the findings and the secretary of the interior can determine whether to remove it from the list [see reference 2 (Section 4)].
  
  

Illegal Activities

• The USFWS and the NMFS help enforce the law regarding the ESA, mainly that it is illegal to "take" an endangered or threatened species. In this case, the word "take" means to harm, harass, hunt, pursue, shoot, trap, wound, kill or capture a listed species. Even attempting to do any of these things is illegal under ESA requirements (see reference 3). It is also illegal to import, export, sell, possess, carry, transport, deliver, receive or ship any listed species in any manner [see reference 2 (Section 9)]. Anyone convicted of violating the ESA can be fined up to $50,000 or imprisoned up to a year, or both. That person's licenses, permits and leases can also be modified, suspended or revoked by the issuing agency. There is an exception for people acting in self-defense or in defense of others [see reference 2 (section 11)].