The ESA, U.S. Endangered Species Protection
Endangered Species Act Protects America's Depleted Animals, Habitats
Nov 16, 2009
The Endangered Species Act (ESA) is the primary statute governing human interaction with America's endangered or threatened animal populations. The Act's tenets are simple. Its clauses are necessary. Its punishments are lenient. Its enforcement is dismal. Can more be done?
The Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq.
"Nothing is more priceless and more worthy of preservation than the rich array of animal life with which our country has been blessed."
The above quotation comes from President Richard Nixon, spoken upon his signing of the Endangered Species Act on December 28, 1973. The quotation is cited on the website of the National Oceanic and Atmospheric Administration's (NOAA) Office of Protected Resources, a governmental agency in part responsible for administering the Act's provisions. Although Nixon's words didn't always resound in veracity, his recognition of the need for wildlife conservation has not since been spoken truer.
The purposes of the ESA, codified as Chapter 16 of the United States Code, Section 1531 et seq., are outlined within in its provisions. They are: “to provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved, to provide a program for the conservation of such endangered species and threatened species, and to take such steps as may be appropriate to achieve the purposes of” international law and policy concerning wildlife conservation. 16 U.S.C. § 1531(b).
According to NOAA, the ESA secures protections for animals that are either "endangered" or "threatened." An endangered species is an animal population that is "in danger of extinction throughout all or a significant portion of its range." A threatened species is a population that is "likely to become an endangered species within the foreseeable future." Per NOAA, approximately 1,895 species fall under the ESA's protection.
The ESA prohibits the unlawful “taking” of an endangered species. A "take" may include the hunting, capturing, killing, or harassing of an endangered species. More specifically:
“[I]t is unlawful for any person subject to the jurisdiction of the United States to (A) import any such species into, or export any such species from the United States; (B) take any such species within the United States or the territorial sea of the United States; (C) take any such species upon the high seas; (D) possess, sell, deliver, carry, transport, or ship, by any means whatsoever, any such species taken in violation of subparagraphs (B) and (C); (E) deliver, receive, carry, transport, or ship in interstate or foreign commerce, by any means whatsoever and in the course of a commercial activity, any such species; (F) sell or offer for sale in interstate or foreign commerce any such species; or (G) violate any regulation pertaining to such species or to any threatened species of fish or wildlife listed pursuant to section 4 of this Act [16 USCS § 1533] and promulgated by the Secretary pursuant to authority provided by this Act.” 16 U.S.C 1538(a)(1).
ESA Penalties and Enforcement — Are They Insufficient to Save Red Wolves, Bald Eagles, Etc.?
With slightly higher penalties than the Marine Mammal Protection Act (which largely trumps the ESA when marine mammals are involved), the ESA has more bark than bite. The maximum penalty for civil infractions is $25,000. 16 U.S.C. § 1540(a). Intentional violators may receive a $50,000 fine or up to one year imprisonment. 16 U.S.C. § 1540(b).
Perhaps the ESA's most unique provision pertains to compensation. The United States government financially encourages the protection of endangered species:
"The Secretary or the Secretary of the Treasury shall pay, from sums received as penalties, fines, or forfeitures of property for any violation of this Act or any regulation issued hereunder (1) a reward to any person who furnishes information which leads to an arrest, a criminal conviction, civil penalty assessment, or forfeiture of property for any violation of this Act or any regulation issued hereunder, and (2) the reasonable and necessary costs incurred by any person in providing temporary care for any fish, wildlife, or plant pending the disposition of any civil or criminal proceeding alleging a violation of this Act with respect to that fish, wildlife, or plant. The amount of the reward, if any, is to be designated by the Secretary or the Secretary of the Treasury, as appropriate." 16 U.S.C. § 1540(d).
Compensating the altruistic citizen for assistance in wildlife conservation rewards what should be inherent behavior. Additionally, rewards for reporting criminal violations do not prevent the violations themselves. And the "reward" for helping endangered animals in distress is merely restitution of costs spent in conjunction therewith.
Overall, the Endangered Species Act offers prizes for the virtuous and penalties for the culpable. Its provisions are significant, but its enforcement is taxing. The U.S. Fish and Wildlife Service is without the resources to monitor every inch of endangered species habitat at every moment of the day. Better disseminating the ESA's financial incentives may lead to greater reporting of ESA violations and, in turn, help to revive threatened and endangered species.
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