Listing and Critical Habitat | Overview

So what does it mean to be listed?

Species meeting the ESA definitions of endangered species or threatened species are added to the lists of threatened and endangered wildlife or plants and are eligible for critical habitat designation. Among the conservation benefits authorized for threatened and endangered plants and animals that are listed under the ESA are: protection from being jeopardized by federal activities; protection of critical habitat being destroyed or adversely modified; restrictions on take and trade; a requirement that the Service develop and implement recovery plans for listed species under U.S. jurisdiction; authorization to seek land purchases or exchanges for important habitat; and federal aid to State and Commonwealth conservation departments with cooperative endangered species agreements. Listing also lends greater recognition to a species' precarious status, encouraging conservation effort by other agencies (foreign, federal, state, and local), independent organizations, and concerned individuals.

It is the policy of Congress stated under section 2 of the ESA that all federal agencies shall seek to conserve endangered and threatened species and shall use their authorities in furtherance of the purposes of the ESA.  Similarly, section 7 of the ESA directs federal agencies to use their legal authorities to carry out conservation programs for listed species. It also requires these agencies to ensure that any actions they fund, authorize, or carry out are not likely to jeopardize the survival of any endangered or threatened species, or to destroy or adversely modify its designated critical habitat (if any). When an agency finds that one of its activities may affect a listed species, it is required to consult with the Service to avoid jeopardy of the species or destruction or adverse modification of designated critical habitat. If necessary, "reasonable and prudent alternatives," such as project modifications or rescheduling, are suggested to allow completion of the proposed activity while still conserving the species or critical habitat. Where a federal action may jeopardize the survival of a species that is proposed for listing, but has not yet been finalized and added to the list, the federal agency is required to "confer" with the Service (although the recommendations resulting from such a conference are not legally binding).

Additional protection is authorized by section 9 of the ESA, which makes it illegal to take, import, export, or engage ininterstate or international commerce in listed animals except by permit for certain conservation purposes. The ESA also makes it illegal to possess, sell, or transport any listed species taken in violation of the law. For plants, trade restrictions are the same but the rules on "take" are different. It is unlawful to collect or maliciously damage any endangered plant on lands under federal jurisdiction. Removing or damaging listed plants on state and private lands in knowing violation of state law, or in the course of violating a state criminal trespass law, also is illegal under the ESA. In addition, some states have more restrictive laws specifically prohibiting the take of state or federally listed plants and animals.