The Endangered Species Act : A Primer (RL31654) / Pervaze A. Sheikh.

Format:

Book

Author/Creator:

Sheikh, Pervaze A., author.

Language:

English

Subjects (All):

Endangered species--Law and legislation.

Endangered species.

Physical Description:

1 online resource (26 pages)

Place of Publication:

Washington, D.C. : Congressional Research Service, 2016.

Summary:

The Endangered Species Act (ESA; P.L. 93-205, 87 Stat. 884. 16 U.S.C. §§1531-1544) has a stated purpose of conserving species identified as endangered or threatened with extinction and conserving ecosystems on which these species depend. The ESA is perennially controversial because the protections provided can make it the visible policy focal point for underlying situations involving the allocation of scarce or diminishing lands or resources, especially in instances where societal values may be changing or traditional land use patterns are affected. As a result, the act often becomes controversial even where a particular species is not the focus of a controversy but a symptom of it. In response to past controversies, Congress has repeatedly considered minor amendments and major changes to the ESA. The major features of the ESA and related controversies are briefly summarized as follows:  ESA retains its authorities even though its authorization for funding expired in 1992, and funds may be and have been appropriated in the absence of a current authorization. ESA prohibitions and penalties remain in effect regardless of appropriations.  ESA's principal parts are the listing and protection of species, designation of critical habitat and avoidance of its destruction, and consultation by federal agencies regarding actions that may harm listed species.  Dwindling species are listed as either endangered or threatened according to assessments of the risk of their extinction. Once a species is listed, legal tools are available to aid its recovery and to protect its habitat.  ESA has broad provisions for citizen suits to enforce the act, and lawsuits have played a major role in enforcement and interpretation of many, or perhaps most, of the act's provisions.  ESA provides for exemptions from the act for agency projects, but the provisions are little used for a variety of reasons.  The act is administered primarily by the Fish and Wildlife Service for terrestrial and freshwater and by the National Marine Fisheries Service for most marine and anadromous species.  ESA is the implementing legislation for U.S. participation in the Convention on International Trade in Endangered Species (CITES).

Notes:

Description based on online resource; title from PDF title page (Congressional Research Service, viewed June 9, 2023).