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Alexander Nguyen
Dr. Argyle
English 2010
7 July 2014
What is the Endangered Species Act
Introduction
From 1900-1956, many species were gradually being disintegrated due to many factors. This
became a problematic, because, due to the factors, many species were going extinct within the process.
Therefore, to approach to this issue, our national governments have implemented the “Preservation Act
of 1969.” This act “aim to conserve, restore, and in some cases propagate certain species of indigenous
fish and wildlife determined to be in danger of extinction (“Endangered Specie Preservation”).”
Unfortunately, the act didn’t approach the issue effectively; “it did not prohibit taking endangered
species; acknowledged only select endangered species; and did not protect habitats (“Endangered
Specie Preservation”).” This leads then to another act that was established known as, the “Conservation
Act of 1969.”
The Conservation Act of 1969 served the purpose of implementing laws so that the species could be
protected from our people. In addition, it has made it “illegal for endangered species on the foreign list
to come into the U.S. without consent. Further, the Act made the trade or killing of endangered animals
within the U.S. illegal and punishable by fines or jail time (“Endangered Specie Conservation”).”
Therefore, as a result of this act, it has given the endangered species in the U.S. A little bit of
protection. Unfortunately, there are some flaws within this act because it didn’t provide enough
protection to the species, including foreign ones. Thus, this has made Congress call forth a meeting in
1973 to discuss further actions, which, as a result, have created the “Endangered Species Act of 1973
(ESA).”
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The following section below will go in-depth about the Endangered Species Act of 1973.
Services That Administer ESA
There are two types of organization that execute this act, which are “the Interior Department’s
U.S. Fish and Wildlife Service (FWS) and the Commerce Department’s National Marine Fisheries
Service (NMFS) (“Overview”). Each organization is responsible for different group of species located
in different areas. The FWS is responsible for wild land and freshwater species (turtles and lions for
example), while the NMFS is responsible for oceanic species such as whales and dolphins.
Protection and Recovery Plan
The ESA sole purpose is to “protect and recover imperiled species and the ecosystems upon which they
depend,” (“U.S. Fish & Wildlife Service”) what does it mean to protect? What is the recovery plan?
This leads then to two definitions that could satisfy the questions. The first definition is “Take”,
defined as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to
engage in any such conduct” (“U.S. Fish & Wildlife Service”). This is a law that was regulated by ESA
to prevent any states or any citizen from harming species. The second vocabulary is the recovery plan,
which is defined as species that are no longer endangered. This means that there is no need for the
animals to have protection under the ESA because their extinction rate has decreased.
About The Species list
Within the species list, there are two types of classification that that animals or plants can be put
into, which are endangered and threatened. Endangered, according to the U.S. Fish & Wildlife service,
is defined as species that are on the edge of extinction. Threatened is defined as species that are
anticipated to be close to extinction in the future. See fig. 1below for an example of listed species.
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Endangered
Threatened
Reptiles
Fence Lizard
Worm Snakes
Insects
Regal fritillary
Little Bluest
Fish
Gilt Darter
Banded Sunfish
Mammals
Finback Whale
Spotted Darter
Birds
Piping Plover
Bald Eagle
Fig. 1 this is an example of Endangered or Threatened Species that are on the list today.
"U.S. Species. “Endangered Species. Web. 9 July 2014.
How Species Are Qualified Into the Species List
Although the definitions of endangered (or threatened) species are clear, however, what makes
specie considered to be in those classifications? wWhat makes animals or plants considered endangered?
This leads then to five factors that the FWS use to determine the species classification and their
eligibility to the species list. The first factor determines whether the species habitat is in danger or not;
the second factor determines if species are being excessively use for educational or scientific use; the
third factor identifies any diseases or predation that could harm the species; the fourth factor is to
determine if the species have lack of protection; Lastly the fifth factors identifies any additional factors
that could harm the species; such as natural disasters. (“U.S. Fish & Wildlife Service”).
Pros
The Endangered species act has been beneficial throughout the course of history for numbers of
species. According to Devon Lea, who works as a congressional staff, he stated that the ESA have
regulated a law which made it unlawful for people to harm any animals or plants that are considered as
endangered. In other words, people can't hunt or use any endangered species for their own personal
activities, otherwise, they will be punished. Therefore, this law has served the purpose of mandating
rules that can prevent any harm to the species. Furthermore, this act has also played a significant role of
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recovering or improving species. According to fig, 1 below, it illustrates species that are improving
after being under the ESA protection; and also species that are meeting their recovery plan expectation.
Figure 1 Shows 93 % of the species (blue) being improved (repopulating) under the ESA protection,
while another 82% of species (red) are close to meeting the recovery plan expectation.
"110 Success Stories for Endangered Species Day 2012." Web. 9 July 2014.
Cons
Although the ESA has played an important role of protecting endangered species from
extinction, some people feel that this act is not significant due to multiple of reason. Private properties,
for example, are controversial pertaining to the ESA. R.J. Smith, a CEI’s senior environmental scholar,
he argues in his article, “Is the Endangered Species Act Fundamentally Sound,”
Those landowners are being deprived from their property due to having endangered species on the land.
The reason is that people aren't allowed to be around or involved with listed species unless they have a
special permit; Otherwise, “they will be subject to a fine up to $100,000 or a year in jail” (“Smith”).
This concludes the reason why the landowners are restricted from farming their lands, planting and
harvesting crops, or build anything on their property. As a result, this leads frustration within
landowners...
Conclusion
The Endangered Species Act is a solid environmental act that aims to secure endangered species
future. It has been able to improve 93% of species under the ESA protection each year, as well as
returning them back to their habitat with a clean status. As a result, the extinction rates of many species
have tremendously decreased over time. Furthermore, according to my findings, the act may have some
flaws within the system, which resulted with many people disapproval of this act. Therefore, it’s not
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fully assimilated that this act may be beneficial to our ecosystem in the future. Thus, it’s
recommendable to consider the ESA as a secondary key to species protection.
Work Cited
Overview."Endangered Species.” Web. 07 July 2014.
-------U.S. Fish and Wildlife Service. "ESA Basic Fact Sheet." Web. 9 July 2014.
------- "Endangered Species Act | A History of the Endangered Species Act of 1973."Endangered
Species Program. Web. 9 July 2014.
------- "U.S. Species."Endangered Species. Web. 9 July 2014.
Damiano, Devon L. "LICENSED TO KILL: A DEFENSE OF VICARIOUS LIABILITY UNDER THE
“ENDANGERED SPECIES ACT."7.Academic Search Premier. Web. 7 July 2014.
"Preserve the Endangered Species Act." 310.4 (2014). American Search Premier. Web. 7 July 2014.
Smith, R. J. "Is the Endangered Species Act Fundamentally Sound?" Web. 9 July 2014.
"110 Success Stories for Endangered Species Day 2012." Web. 9 July 2014.