Art: Eleanor Taylor for Vox
Good God, give this US agency a few more dollars to stop a mass extinction.
Exactly five decades ago, Congress did what would be unimaginable today: It passed a powerful environmental law with almost unanimous support. In 1973, the House voted in favor of the Endangered Species Act, 390 to 12.
“Nothing is more priceless and more worthy of preservation than the rich array of animal life with which our country has been blessed,” Republican President Richard Nixon said upon signing the act into law.
Among the most comprehensive environmental laws worldwide, the Endangered Species Act (ESA) was set up to protect the nation’s many plants and animals that are at risk of extinction. It makes it a federal crime to harm species that it deems endangered, with some exceptions. The act also requires that government agencies, such as the Army or the Federal Aviation Administration, try to avoid jeopardizing endangered species or the habitat they need to survive.
Over the last five decades, the law has undoubtedly helped save dozens of creatures from extinction, from American alligators to black-footed ferrets. Each is a success. Yet as the ESA heads into its next era — a period that will bring profound environmental change — its ability to stem the extinction crisis warrants a closer look.
Currently, the Service only receives around 50% of the funding required to properly implement the Act.
Letter to Congress, March 2023
signed by 120 environmental groups
The Endangered Species Act, briefly explained
At the core of the ESA is a list. On it are plants and animals that the US Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) — agencies that oversee the act on land and at sea, respectively — determine are at risk of extinction, or will be soon. Species in the former category are classified as “endangered,” and those in the latter are classified as “threatened.” Typically, the government makes those determinations after environmental groups present it with overwhelming evidence, in the form of a petition, that a certain species is in peril.
As of late 2023, there are roughly 1,670 species on this list, according to a Vox analysis of data from the FWS and NMFS. Three-quarters of them are classified as endangered, while the rest are threatened. A little more than half of these threatened and endangered species are plants. (The endangered species list, and the numbers that appear in the graphic below, includes not only species but subspecies and certain populations within a species that the government determines are important on their own and at risk.)
Simply put, species that are on this list are protected. From here, things get a bit more complicated.
The Endangered Species Act makes it illegal to kill, harm, or capture endangered animals. The law refers to these actions collectively as “take.” You can’t, say, bring an endangered Florida panther home as a pet, or hunt one down. Plants and species classified as threatened are treated somewhat differently under the law, but in many cases the same rule applies, according to Daniel Rohlf, a law professor at Lewis and Clark Law School. On nonfederal lands, for example, it’s not illegal to harm endangered plants as long as it’s not in violation of any state laws.
Under the ESA, all government agencies are supposed to make sure that their activities minimize harm to endangered species and the habitat they need. That includes granting federal permits to private landowners and corporations for something like road construction. If those actions are likely to kill wildlife, the government agency in question essentially has to get sign-off from the FWS or NMFS before moving forward. That sign-off is typically contingent on the agency trying to minimize “take” of the listed species or offering a less harmful alternative (such as a different route for the road).
While private companies and citizens typically can’t harm endangered species either, there is an important exception. Companies can essentially get a permit to legally kill listed species if they […]
Full article: www.vox.com