Endangered Species Act (ESA)

Legislation providing a means for listing native animal and plant species as endangered and giving them and their habitats limited protection. The ESA (16 USC 1531 et seq.) is jointly administered by the U.S. Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NMFS). The Act requires federal agencies, in consultation with the USFWS and/or the NMFS, to ensure that their actions are not likely to jeopardize the continued existence of any listed species or result in adverse effects on designated critical habitat of such species. It also prohibits any action that causes a "taking" of any listed species of endangered fish or wildlife; the removal of any endangered plant from an area under federal jurisdiction; and the import, export, and interstate and foreign commerce of listed species. The full suite of ESA regulations promulgated by the USFWS is available at 50 CFR 17. The full suite of ESA regulations promulgated by the NMFS is available at 50 CFR 216-296.

Regulations Applicable to Energy Development

The entire suite of ESA regulations issued by the USFWS and NMFS may be applicable to energy development activities. The NMFS regulations include a section specific to threatened salmon and steelhead species and actions taken in compliance with tribal resource management plans.

• USFWS ESA Regulations (50 CFR 17)
  Regulations issued by the USFWS implementing ESA requirements
• NMFS ESA Regulations (50 CFR 216-296)
  Regulations issued by NMFS implementing ESA requirements
• NMFS Salmon and Steelhead Species Regulations (50 CFR 223.209)
  Regulations issued by NMFS regarding implementation of its ESA responsibilities specific to threatened salmon and steelhead species and actions taken in compliance with tribal resource management plans

Relevant Web Site(s)

• USFWS Endangered Species Program
  Provides information about the ESA and the USFWS Endangered Species Program
• USFWS Information, Planning, and Consultation (IPAC) System
  Provides information about sensitive resources within the vicinity of a proposed project, including threatened and endangered species, designated critical habitat, and USFWS Refuges, and potentially applicable mitigation measures
• NMFS Endangered Species Act
  NMFS Office of Protected Resources Web site providing information on the ESA

Specific Tribal Program(s)

• American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act
  USFWS Web site providing information regarding working with tribes