Endangered Species & Sprawl

How Are Endangered Species Protected from Sprawl?

The Endangered Species Act (ESA), enacted in 1973, helps provide protection to wildlife from human activities that could jeopardize species diversity and survival. Suburban sprawl is perhaps the most threatening human activity to endangered species since sprawl directly impacts and destroys habitat. The ESA strives to maintain the natural diversity of plants and animals as well as to protect and preserve endangered species' habitat. Administered by the U.S. Fish and Wildlife Service (USFWS), the ESA has four main components that seek to identify, conserve, and recover endangered or threatened species. These components are Listing, Recovery Plans, Prohibitions, and Exceptions to Prohibitions.

Listing:

For a species to receive full protection under theESA, the USFWS must first list the species on the Endangered Species List. Once a species is listed, the ESA provides protective measures to its habitat as well. The USFWS designates critical habitat for listed species. Critical habitat receives special protection through the Act since it is considered to be an area that is essential to the survival and/or recovery of the listed species.

Unless it would result in extinction of the species, some areas of critical habitat may be excluded from protection if the economic benefits are determined to outweigh other benefits of including the areas. Critical habitat designation is not the same as a wildlife refuge or wilderness area. It applies to Federal agencies if they propose to fund, authorize, or engage in activities on the affected land.

Recovery Plans:

The USFWS and associated agencies design a Recovery Plan for each listed species. A Recovery Plan is a blueprint for returning a species back to a level at which it is no longer threatened or endangered. Once recovered, a species is removed from the Endangered Species List.

Prohibitions:

Without a permit, it is unlawful for any person to take, transport, harass, export, process, sell or offer for sale any endangered or threatened species. "Taking" includes harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting the species.

Federal agencies are prohibited from jeopardizing the continued existence of a listed species as well. They are required to consult with USFWS before engaging in a federal action. Whenever the Federal Government provides authorization or funding of a project that may impact an endangered species, a Biological Assessment (BA) must be prepared to determine whether the project will jeopardize an endangered species or critical habitat. If the approved BA indicates that a listed species will be jeopardized, then reasonable and prudent alternatives must be suggested by USFWS or other regulating agencies.

Exceptions to Prohibitions:

Private property owners or landowners are prohibited from "taking" endangered species, but have fewer restrictions regarding critical habitat. It is only when a federal permit is required for development that a landowner must ensure that their activities do not threaten designated critical habitat. Furthermore, endangered plants found on private land only receive protection to the extent that state laws apply.

Private landowners may receive Incidental Take Permits, which allow regulated "taking" of endangered species. To receive an Incidental Take Permit, the landowner must submit a Habitat Conservation Plan (HCP) that proposes actions that will minimize the impact on the relevant listed species. Habitat Conservation Plans must be approved by the Secretary of Interior.

Enforcement: The Secretary of Interior or Secretary of Commerce may impose civil penalties for ESA violations. The Justice Department may seek criminal penalties, which can include fines and/or jail time for violators of the Act. Furthermore, individuals may file a citizen's suit against any person or agency they allege to be violating the law.

What You Can Do: