ESA (Endangered Species Act)
What does "ESA (Endangered Species Act)" mean in law?
The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is the primary federal law protecting imperiled species and their ecosystems, administered jointly by the U.S. Fish and Wildlife Service (terrestrial and freshwater species) and the National Marine Fisheries Service (marine species). Section 9 prohibits the "take" of any endangered species, defined broadly to include harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting, with "harm" further interpreted to encompass significant habitat modification that actually kills or injures wildlife. Section 7 requires all federal agencies to consult with FWS or NMFS to ensure that their actions are not likely to jeopardize the continued existence of listed species or destroy critical habitat. The Act's stringent protections were upheld in TVA v. Hill (1978), where the Supreme Court halted completion of a nearly finished dam to protect the snail darter, emphasizing that Congress intended endangered species protection to enjoy the highest priority.
Definition
The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is the primary federal law protecting imperiled species and their ecosystems, administered jointly by the U.S. Fish and Wildlife Service (terrestrial and freshwater species) and the National Marine Fisheries Service (marine species). Section 9 prohibits the "take" of any endangered species, defined broadly to include harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting, with "harm" further interpreted to encompass significant habitat modification that actually kills or injures wildlife. Section 7 requires all federal agencies to consult with FWS or NMFS to ensure that their actions are not likely to jeopardize the continued existence of listed species or destroy critical habitat. The Act's stringent protections were upheld in TVA v. Hill (1978), where the Supreme Court halted completion of a nearly finished dam to protect the snail darter, emphasizing that Congress intended endangered species protection to enjoy the highest priority.
Example
A logging company operating on federal land must undergo Section 7 consultation before harvesting timber in an area designated as critical habitat for the Northern Spotted Owl.