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Endangered Species Act Overview and Provisions

Apr 30, 2025

Endangered Species Act of 1973 (S.1983 - 93rd Congress)

Overview

  • Sponsor: Sen. Harrison A. Williams, Jr. [D-NJ]
  • Committees: Senate - Commerce
  • Latest Action: Became Public Law 93-205 on 12/28/1973
  • Roll Call Votes: 2

Purpose of the Act

  • Conserve ecosystems upon which endangered species depend.
  • Ensure the conservation of endangered species.

Key Provisions

Determining Endangered Status

  • Factors for listing a species as endangered include:
    1. Habitat destruction or modification.
    2. Overutilization for commercial, sporting, or educational purposes.
    3. Disease or predation.
    4. Inadequacy of existing regulatory mechanisms.
    5. Other natural or manmade factors.

Publication and List Revisions

  • Secretary publishes a list in the Federal Register of endangered species.
  • List can be revised as necessary.

Conservation Programs

  • Utilizes Migratory Bird Conservation Act, Fish and Wildlife Act of 1956, and Fish and Wildlife Coordination Act.
  • Cooperation with states for land acquisition and conservation programs.
  • Federal financial assistance to states for conservation programs, covering up to two-thirds of costs.

Interstate and International Commerce

  • State laws on endangered species commerce are void if inconsistent with the Act.

International Cooperation

  • Encourages foreign countries to develop protection programs for endangered species.
  • Promotes bilateral/multilateral agreements for species protection.

Legal Provisions

  • Unlawful to import/export, take, or trade endangered species.
  • Exceptions for captive or controlled environment usage.
  • Business operations require permission from the Secretary for trade in wildlife and plants.
  • Provisions for economic hardship exemptions.
  • Specific exemptions for Alaskan Natives.
  • Sets civil and criminal penalties, seizure, and forfeiture regulations.

Other Provisions

  • Supports private suits for enforcement.
  • Smithsonian Institute to review endangered plant species.

Funding

  • Authorization of $10 million through fiscal year 1977 for state conservation programs.
  • Appropriations for fiscal years 1974-76 for Act implementation.

Related Resources

  • CRS Reports, committee reports, related bills, and legislative actions are available for further reference.