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1 1 (June 5, 2019)

handle is hein.crs/govzyh0001 and id is 1 raw text is: I Congressional Research Service ~~Info rmig the egislative debate since 1914 0 June 5, 2019 The Legal Framework of the Endangered Species Act (ESA) The Endangered Species Act of 1973 (ESA or the Act) (16 U.S.C. §§ 1531 et seq.) aims to protect threatened and endangered fish, wildlife, and plants from extinction. In its findings, Congress recognized the esthetic, ecological, educational, historical, recreational, and scientific value that threatened and endangered species provide. The Act creates a framework for facilitating recovery and conservation of endangered and threatened species and minimizing the effect of federal and private actions on these species and their habitats. Listing a species as endangered or threatened triggers many of the Act's protections and, accordingly, frequently spawns legal disputes. Under the ESA, the U.S. Fish and Wildlife Service (FWS) within the Department of the Interior manages terrestrial, freshwater, and catadromous species, and the National Marine Fisheries Service (NMFS) within the Department of Commerce manages marine species and anadromous fish. (This In Focus refers to the Secretary to mean either the Secretary of the Interior or the Secretary of Commerce, as applicable.) This In Focus provides an overview of the legal framework governing ESA regulation and enforcement. Listing To receive protection under the ESA, a species generally must be listed as endangered or threatened. Endangered species are those species in danger of extinction throughout all or a significant portion of their range. Threatened species are those species likely to become endangered within the foreseeable future in all or a significant portion of their range. Candidate species are species being considered for listing but not yet the subject of a proposed rule. The Secretary may list species, subspecies, or distinct population segments (DPS) of a species. Selection of Species for Review The Secretary may review a species for listing on his own or pursuant to a petition. Under Section 4(b), any person or entity other than a federal agency may petition to add or remove a species from the list of endangered or threatened species. Within 90 days (to the maximum extent practicable), the Secretary must determine whether the petition provides sufficient information to warrant further action. If the petition is sufficient, the Secretary must decide within 12 months after receiving the petition that listing is warranted, not warranted, or warranted but precluded from immediate action due to priorities for listing other species. The Secretary must monitor any warranted but precluded species and promptly use his emergency powers to list the species if needed to prevent a significant risk to the species' well-being. Initial Listing To list a species under Sections 4(a) and (c), the Secretary must determine that the species is endangered or threatened because of habitat destruction, overutilization, disease or predation, inadequate existing regulatory mechanisms, or any other natural or manmade factors that affect its continued existence. Under Section 4(b), the Secretary determines whether a species is endangered or threatened based solely on the best scientific and commercial data available after reviewing the status of the species and accounting for existing conservation efforts. Critical Habitat Concurrently with listing a species, Section 4(a)(3) requires the Secretary-to the maximum extent prudent and determinable-to designate critical habitat for the species. Critical habitat is the area occupied by the species when it is listed that contains physical or biological features essential to the conservation of the species and that may require special management or protection, as well as specific areas not occupied by the species when it is listed that are essential for the conservation of the species. Critical habitat determinations must be based on the best scientific data available and account for economic effects, effects on national security, and other relevant effects. Recovery Plans Section 4(f) requires the Secretary to develop and implement a recovery plan for listed species, unless he finds a plan will not promote the conservation of the species. The recovery plan is to include any site-specific management actions needed to achieve the species' conservation and survival, the estimated time and cost associated with these actions, and specific criteria for determining that the species has recovered and may be delisted. Reclassifications and Delisting Section 4(c) requires the Secretary to review all of the listed species at least once every five years to determine whether any of them should be reclassified or delisted. A citizen petition may also initiate reclassification or delisting to change a species' listing status. The same process and criteria are used to reclassify or delist a species as to list it. The Secretary may reclassify a species' status from threatened to endangered (uplist) or endangered to threatened (downlist), or he may delist the species entirely if he determines the species has sufficiently recovered that it is no longer threatened or endangered. Post-Delisting Monitoring Delisted species are entrusted to the management of the state in which they are found. Under Section 4(g), the Secretary coordinates with the relevant states to develop a system to monitor the species for at least five years after delisting to ensure its continued survival. If monitoring identifies a significant risk to the well-being of the species, the Secretary must promptly use his emergency powers under Section 4(b)(7) to relist the species. https:icrs reports.cong tess go

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