T he Endangered Species Act (ESA; P.L. 93-205 , 87 Stat. 884. 16 U.S.C. It offers comprehensive protection for species identified as endangered or threatened with extinction. It is administered primarily by the Fish and Wildlife Service (FWS) for terrestrial and freshwater species, but also by the National Marine Fisheries Service (NMFS) for certain marine species. Under the ESA, individual species of plants and animals (both vertebrate and invertebrate) can be listed as either "endangered" or "threatened" according to assessments of the risk of their extinction. Once a species is listed, powerful legal tools are available to aid the recovery of the species and to protect its habitat. ESA prohibitions and penalties remain in effect regardless of appropriations. A stated purpose of the ESA is to "provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved." While the ESA plays an important role in protecting species, it also can become a surrogate battleground in debates whose primary focus is the allocation of scarce or diminishing lands, waters, or resources. Even though Congress has continued to appropriate funding for ESA, the following questions are sometimes raised: (1) are the act's various prohibitions and authorities still in effect; (2) what are the House and Senate rules concerning appropriating in the absence of a current authorization; and (3) what would be the effect of a failure to appropriate funds for the agencies (primarily for FWS and NMFS, but also Coast Guard, and Secretaries of Agriculture and Treasury) to carry out their responsibilities under the ESA? Because the authorization for appropriations expired in FY1992, it is sometimes said that the ESA is not authorized. No interagency consultations to approve agency actions (e.g., on construction of highways or dams, siting of pipelines on federal lands, or offshore energy drilling; see " Consultation "), nor issuance of incidental take statements to shield agencies from citizen suits; No species listed or delisted, potentially increasing lawsuits when Services fail to meet the listing deadlines in Section 4 (see " Listings "); No critical habitat designated, revised, or removed from designation, potentially increasing lawsuits when Services fail to meet deadlines (see " Critical Habitat "); No issuance of incidental take permits for nonfederal actions (see " Permits for Nonfederal Actions "); No or reduced inspections of incoming cargo for violations of species listed under the Convention on International Trade in Endangered Species (CITES) (see " International Applications of the ESA "); No fulfillment of other obligations under CITES; No monitoring of candidate species (see " Candidate Species "); No federal enforcement of prohibitions on taking listed species or adverse modification of critical habitat (though citizen suits under the ESA still possible; see " Prohibitions, Penalties "); No acquisition of habitat for listed species (because money for administering purchases would not be available; see " Land Acquisition "); No state grants for conservation of listed or candidate species (see " Land Acquisition "); and No ability under Section 7 (e)-(p) to exempt agency actions from jeopardy opinions (see " Exemptions "). Major Provisions

The following are the major provisions of the ESA in the order they appear in the U.S. Code . By definition, only vertebrates may be designated as a DPS. The ESA contains a number of provisions relating to enforcement.
The Endangered Species Act (ESA; P.L. 93-205, 87 Stat. 884. 16 U.S.C. §§1531-1544) has a stated purpose of conserving species identified as endangered or threatened with extinction and conserving ecosystems on which these species depend. The ESA is perennially controversial because the protections provided can make it the visible policy focal point for underlying situations involving the allocation of scarce or diminishing lands or resources, especially in instances where societal values may be changing or traditional land use patterns are affected. As a result, the act often becomes controversial even where a particular species is not the focus of a controversy but a symptom of it. In response to past controversies, Congress has repeatedly considered minor amendments and major changes to the ESA.
The major features of the ESA and related controversies are briefly summarized as follows:
ESA retains its authorities even though its authorization for funding expired in 1992, and funds may be and have been appropriated in the absence of a current authorization. ESA prohibitions and penalties remain in effect regardless of appropriations. ESA's principal parts are the listing and protection of species, designation of critical habitat and avoidance of its destruction, and consultation by federal agencies regarding actions that may harm listed species. Dwindling species are listed as either endangered or threatened according to assessments of the risk of their extinction. Once a species is listed, legal tools are available to aid its recovery and to protect its habitat. ESA has broad provisions for citizen suits to enforce the act, and lawsuits have played a major role in enforcement and interpretation of many, or perhaps most, of the act's provisions. ESA provides for exemptions from the act for agency projects, but the provisions are little used for a variety of reasons. The act is administered primarily by the Fish and Wildlife Service for terrestrial and freshwater and by the National Marine Fisheries Service for most marine and anadromous species. ESA is the implementing legislation for U.S. participation in the Convention on International Trade in Endangered Species (CITES).