What is the Endangered Species Act?

The Endangered Species Act of 1973 provides for the conservation of species that are endangered or threatened throughout all or a significant portion of their range, and the conservation of the ecosystems on which they depend. It was signed into law on December 28, 1973. By far it is the widest reaching of dozens of US environmental laws passed in the seventies. It was intended to preserve critically imperiled species from extinction as a "consequence of economic growth and development untendered by adequate concern and conservation."

A species that is in danger of extinction throughout all or a significant portion of its range is considered endangered. A species that is likely to become endangered within the foreseeable future is considered threatened. A species cannot be considered both. A third status of "candidate species" is used for those species deemed threatened but that cannot be listed immediately due to other priorities.

The number of species protected under the act has increased steadily since the Ford administration, President Ford had 47 listings during his term; Carter had a total of 126 listings followed by Reagan had 255 listings, George H. W. Bush had 231 listings, and Clinton had 521 listings. During George W. Bush's term in office, new listings were at their lowest with only 60 as of May 2008. As with any humanitarian work the rate of listings is connected to citizen involvement, that is, as the filings of petitions and lawsuits increases so does the rate of listing.

For violating the ESA there are different degrees of offense and consequence. For those who knowingly break the law through exporting or importing, selling, delivering, carrying, or trafficking endangered species punishment is harshest. It can include a maximum fine of up to $50,000, imprisonment for one year, or both. For repeat offenders larger fines and penalties are assessed. A provision to the law states that people who can prove they committed the act based on the belief that they were protecting themselves from the animal will not be punished. This provision also eliminates criminal penalties for accidental killings during farming or ranching.

In August 2008 the George W. Bush administration proposed new regulations that weakened the Endangered Species Act. It allowed federal agencies to determine whether future projects would have harmful effects on endangered species, rather than following the current protocol of seeking independent reviews from scientists on such matters.