Laws & Policies | Regulations and Policies

The U.S. Fish and Wildlife Service (Service) and the National Oceanic and Atmospheric Administration's National Marine Fisheries Service (NMFS) share responsibility for administration of the Endangered Species Act (ESA). We have issued internal guidance and national policies to promote efficiency and nationwide consistency in implementing the ESA to conserve and recover listed species of plants and animals native to the U.S. and its territories.

Below you will find links to summaries of our major policies, sorted by the associated section of the ESA. Most of these and other policies can be downloaded in PDF format from our document library.

Find information on policies and programs that work to protect and recover species in other countries.

General Policies

Notice of Intent To Clarify the Role of Habitat in Endangered Species Conservation (64 FR 31871, June 14, 1999)
Definition of "Harm" (64 FR 607277, November 8, 1999)
Interagency Policy for Conserving Species Listed or Proposed Under the ESA While Providing and Enhancing Recreational Fisheries Opportunities (61 FR 27978, June 3, 1996)
Interagency Policy for the Ecosystem Approach to the Endangered Species Act (59 FR 34274, July 1, 1994)
Interagency Policy for Peer Review in ESA Activites ([59 FR 34270, July 1, 1994)
Interagency Policy on Information Standards under the ESA (59 FR 34271, July 1, 1994)
Interagency Policy for ESA Section 9 Prohibitions (59 FR 34272, July 1, 1994)
Interagency Policy Regarding the Role of State Agencies in ESA Activities (81 FR 8663, February 22, 2016)

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Candidate Conservation Policies

Final Decision on Identification of Candidates for Listing as Endangered or Threatened (61 FR 64481, December 5, 1996)
Draft Handbook for Candidate Conservation Agreements with Assurances and Enhancement of Survival Permit Processing (68 FR 37170, June 23, 2003)
Guidance for the Establishment, Use, and Operation of Conservation Banks - Notice (68 FR 24753, May 8 2003)
Response to Public Comments on Amending General Permitting Regulations Relating to Habitat Conservation Plans, Safe Harbor Agreements and Candidate Conservation Agreements With Assurances (66 FR 6483, January 22, 2001)
Final Policy for Candidate Conservation Agreements with Assurances (64 FR 32726, June 17, 1999)
Safe Harbors and Candidate Conservation Agreements with Assurances - Regulations (64 FR 32705, June 17, 1999)

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Listing Program Policies

Policy on Interpretation of the Phrase "Significant Portion of Its Range" in the ESA's Definitions of "Endangered Species" and "Threatened Species" (79 FR 37577, July 1, 2014)
Interagency Policy Regarding the Recognition of Distinct Vertebrate Population Segments Under the ESA (61 FR 4722, February 7, 1996)
Final Policy for Evaluation of Conservation Efforts When Making Listing Decisions (68 FR 15100, March 28, 2003) [109KB]

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Consultations Program Policies

Joint Counterpart Endangered Species Act Section 7 Consultation Regulations - National Fire Plan (68 FR 68254, December 8, 2003)
Evaluating the Net Benefit of Hazardous Fuels Treatment Projects (68 FR 1629, January 13, 2003)
Alternative Approaches for Streamlining Section 7 Consultation on Hazardous Fuels Treatment Projects (68 FR 1628, January 13, 2003)
Notice of Availability: Final Endangered Species Consultation Handbook for Procedures for Conducting Consultation and Conference Activities Under Section 7 of the ESA (64 FR 31285, June 10, 1999)

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Habitat Conservation Planning Policies

Notice of Availability: Final Handbook for Habitat Conservation Planning and Incidental Take Permitting Process (61 FR 63854, December 2, 1996)
Habitat Conservation Plan Assurances ("No Surprises") Rule (63 FR 8859, February 23, 1998)
Frequently Asked Questions Regarding the "No Surprises" Rule
Endangered Species Act Incidental Take Permit Revocation Regulations (69 FR 71723, December 10, 2004)

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Recovery Program Policies

Script for FWS Employees to Use for Collecting Information on Experimental Populations (April 2015)
Guidance: Data Collection for Experimental Populations of Threatened and Endangered Species (December 2014)
Interagency Interim Recovery Planning Guidance
Adoption of Interagency Recovery Planning Guidance as Interim Guidance (August 26, 2010)
Policy Regarding Controlled Propagation of Species Listed Under the Endangered Species Act (65 FR 56916, September 20, 2000)
Final Safe Harbor Policy (64 FR 32717, June 17, 1999)
Safe Harbors and Candidate Conservation Agreements with Assurances - Regulations (64 FR 32705, June 17, 1999)
Interagency Policy Regarding the Recognition of Distinct Vertebrate Population Segments Under the ESA (61 FR 4722, February 7, 1996)
Interagency Policy on Recovery Plan Participation and Implementation under the ESA (59 FR 34272, July 1, 1994)

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Tribal Policies

Limitation on Section 9 Protections Applicable to Salmon Listed as Threatened under the Endangered Species Act (ESA), for Actions under Tribal Resource Management Plans - Tribal Plans (65 FR 108, January 3, 2000)
Secretarial Order #3206: American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act (June 5, 1997)

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Expenditure Reports

The ESA (Section 18) requires the Service to submit to Congress (through the Secretary of the Interior) an annual report of a cost analysis of expenditures that were made for the conservation of threatened and endangered species. The reports include what the federal government and state governments spent during the preceding federal fiscal year. Congress uses the reports to compare how the money is distributed across the species. They are not used to determine appropriations nor do they show how much was appropriated for each species. The reports are available to the public, and the information is often used by environmental organizations to assist with conservation and by the media.

To gather the information, the Director (through the Ecological Services Program) sends out a request for data each year to all federal agencies that may have a connection with a federally listed species and, therefore, a need to spend money to uphold the ESA. The same request is also sent to the International Association of Fish and Wildlife Agencies, which gathers the data from the individual states and territories. The Ecological Services Program then compiles the data and prepares the annual "Report to Congress on Federal and State Endangered and Threatened Species Expenditures."

The reports are available to the public, and the information is used by the media, environmental organizations, and other interested parties.

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Last updated: March 9, 2016

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