These processes have addressed potential conflicts between species protection and nonfederal land use activities. In such instances, nonfederal landowners have been required to modify their planned or ongoing activities to minimize and/or mitigate the impacts of their activities on protected species. More specifically, (1) the Service has initiated legal actions to enforce the act’s prohibition against the taking of listed species, (2) the United States and other parties have sought injunctive relief using the act’s provisions to stop or delay activities on nonfederal lands that were viewed as posing a threat to listed species, and (3) private citizens have claimed that species protection efforts have resulted in the loss of property without compensation in violation of the Fifth Amendment to the Constitution. According to the data base, for fiscal years 1988 through 1993, about 4,230 violations of the ESA had been adjudicated. Fish and Wildlife Service’s (FWS’) seven regional offices. Using the survey, we collected data on (1) the number of ESA-protected species with habitat on nonfederal lands, (2) the portion of these species’ habitat on nonfederal lands, (3) the number of law enforcement investigations and prosecutions related to ESA takings on nonfederal lands, and (4) instances in which injunctive relief was obtained under the ESA to stop or delay nonfederal land projects or activities that could potentially harm protected species.
Why GAO Did This Study

Pursuant to a congressional request, GAO reviewed the U.S. Fish and Wildlife Service's (FWS) efforts to protect species under the Endangered Species Act (ESA), focusing on: (1) the extent to which species listed under ESA have habitat on nonfederal lands; (2) how two ESA provisions have addressed potential conflicts between species protection and the use of nonfederal lands; and (3) the extent and nature of legal actions taken to protect endangered species.

What GAO Found

GAO found that: (1) over 90 percent of the species protected under ESA have habitat on nonfederal lands; (2) nonfederal landowners have been required to alter their planned or ongoing activities in various ways to minimize and mitigate their potential impact on protected species; (3) FWS has enforced the ESA prohibition on the taking of protected species; (4) during fiscal years 1988 through 1993, FWS adjudicated 126 takings violations; (5) in at least four instances, FWS sought injunctive relief to stop or delay an activity on nonfederal lands that was viewed as posing a threat to a protected species; and (6) private citizens have claimed that species protection efforts have resulted in the uncompensated taking of private property in violation of the fifth amendment to the U.S. Constitution.