The Endangered Species Act (ESA) and Its Legal Implications

Historical Background

Principal Provisions

Property-rights and the ESA

Conclusion

Preface

Other Important Sites

Arsi's Page

Principal Provisions of the ESA

• US and foreign species lists were combined where the same provisions applied to both;

• The categories: "endangered" and "threatened" were defined;
  

• Similar to CITES, plants and all classes of invertebrates were eligible for protection;

• Programs for the conservation of endangered and threatened species were undertaken by federal agencies and authorization of funding or allowing an action that would jeopardize a listed species or destroy or modify its "critical habitat" were prohibited;

• Takings are prohibited on all endangered animal species which could also apply to threatened species by special regulation;

• For states with cooperative agreements, matching federal funds were made available;

• Authority was provided to acquire land for species that are listed under CITES; and

• US implementation of CITES was provided.

definitions:

Endangered Species

Threatened species

Federal agencies

critical habitat

Takings