Endangered Species Act (ESA) An act passed by Congress in 1973 intended to protect species and subspecies of plants and animals that are of “aesthetic, ecological, educational, historical, recreational and scientific value.” It may also protect the listed species’ “critical habitat”, the geographic area occupied by, or essential to, the protected species. The U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) share authority to list endangered species, determine critical habitat and develop recovery plans for listed species. Currently, approximately 830 animals and 270 plants are listed as endangered or threatened nationwide at Title 50, Part 17, sections 11 and 12 of the Code of Federal Regulations. Further, under a settlement with environmental groups, USFWS has agreed to propose listing another 400 species over the next few years. The 1973 Endangered Species Act superseded and strengthened the Endangered Species Preservation Act of 1966 and the Endangered Species Conservation Act of 1969. The 1973 provisions required that the act be re-authorized by Congress every five years. Major provisions of the 1973 ESA included: 1 Emphasis on the conservation of ecosystems upon which species depend, 2 Consolidated existing U.S. and foreign lists, 3 Established and defined categories of “endangered” and “threatened”, 4 Lowered the listing threshold to “in danger of extinction in a significant portion of range”, 5 Made eligible all classes of vertebrates, invertebrates, and plants, 6 Defined and prohibited “take” of endangered vertebrates and invertebrates, 7 Established prohibitions on take of threatened species available by special regulation, 8 Restricted import and export, 9 Required federal agencies to undertake conservation programs, 10 Prohibited federal agencies from authorizing, funding, or carrying out actions that may jeopardize the continued existence of listed species, 11 Authorized the establishment of National Wildlife Refuges to protect habitat, 12 Established a state grant program, and 13 Appropriated funding for programs through 1978 (5–year cycle). 1978 amendments included: 1 Established cabinet level exception from jeopardy standard, 2 Critical habitat defined and designation required for listing, 3 Economic impacts considered when designating critical habitat, 4 Distinct population of vertebrates could be listed, 5 Required recovered plans for species listed as endangered, and 6 Appropriated funding for programs through 1982. 1982 amendments included: 1 Listing based solely on best biological information available, 2 Critical habitat designation concurrent with listing only to maximum extent prudent and determinable, 3 Established time requirements for listing process, 4 Established recovery priority system, 5 Designation of experimental populations, 6 Limited prohibition on take of endangered plants, 7 Incidental take permits for development of private land, 8 Incidental take provision incorporated within Biological Opinions, and 9 Appropriated funds for programs through 1988. 1988 amendments included: 1 Prohibited recovery preference based on Taxonomy, 2 Required monitoring of recovered and candidate species, 3 Established recovery plan content requirements, 4 Required public review and comment on recovery plans, 5 Required reporting of recovery expenditures and species status, 6 Strengthened take prohibitions for endangered plants, and 7 Appropriated funds for programs through 1992. Also see National Oceanic and Atmospheric Administration (NOAA).