Endangered Species Act of 1973

The Endangered Species Act (ESA) of 1973, managed by both the U.S. Fish and Wildlife Service (USFWS) and the Commerce Department’s National. Marine Fisheries Service (NMFS), was created to provide protection for species at risk of extinction and the habitat in which they thrive. Work on developing an endangered species bill began in 1972 following President Nixon’s remarks in his “Environmental Message” (93 S. Rpt. 307). Nixon deemed the species conservation efforts of the United States insufficient and during the 93rd Congress, the Endangered Species Act of 1973 was introduced and passed on December 28th, 1973.

The ESA provides for the creation of two lists – endangered and threatened – to authorize the protection of listed species. Threatened infers a species is on the path to becoming endangered in the “foreseeable future,” while endangered designates a species as at risk of becoming extinct throughout its entire range or a majority of its range. All species of animals and plants are eligible to be listed as threatened or endangered with the exception of pest insects (U.S. Fish and Wildlife Service, 2013b). The Act provides guidelines for the process of proposing and approving a species for listing or delisting. Species are listed through a proposal process whereby a concerned citizen, organization, or agency provide sufficient evidence to the Secretary of the Interior or the Secretary of the Commerce to initiate a review process and subsequent recovery plan. The Act walks a delicate line between state and federal oversight. A federal agency will only step in to develop a recovery plan when a state plan is inadequate or nonexistent. The Act also provides for periodic review by the Secretary.

Summary of Legislative History

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U.S. Fish and Wildlife Service. (2013c). Endangered Species Program. Retrieved from https://www.fws.gov/endangered/species/faq-first-species-listed.html

U.S. House. Committee on Merchant Marine and Fisheries. Endangered and Threatened Species Conservation Act of 1973 (to Accompany H.R. 37) (93 H.Rpt 412) Text from Committee Reports. Available from U.S. Congressional Serial Set. Accessed February 18, 2014.

U.S. Senate. Committee on Commerce. Endangered Species Act of 1973 (to Accompany S. 1983). (93 S. Rpt. 307) Text from Committee Reports. Available from U.S. Congressional Serial Set. Accessed February 18, 2014.

U.S. Congress. Conference Committee. Endangered Species Act of 1973 (to Accompany S. 1983) (93 - 740). Text from Conference Report. Available from U.S. Congressional Serial Set. Accessed February 18, 2014.