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360 CHAPTER 15 Box 15.1 The U.S. Endangered Species Act of 1973 and its Amendments I. Major provisions of the Endangered Species Act (ESA) are summarized here by Section. Numbers in parentheses correspond to Sections of Title 16, Chapter 35 of the 1982 edition ofthe United States Code, which incorporated ESA amendments through 1982. Section 2 (U531) covered findings, purposes, and policy of Congress in passing the Act. Section 3 (~1532) defined endangered species (one in danger of extinction throughout all or a significant part of its range) and threatened species (likely to become endangered in the foreseeable future in all or a significant portion of its range). The Directors of the Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (for marine species) are responsible for determining which species are threatened or endangered. Section 4 (~1533) required the Secretaries of the Interior and Commerce to establish lists of threatened or endangered species (and/or subspecies and/or isolated populations) and publish them in the Federal Register. The Secre- taries were also required to develop and implement recovery plans for the conservation and survival of listed species. Section 5 (91534) gave the FWS authority to acquire lands for endangered species. Such lands become part of the National Wildlife Refuge System. Section 6 (91535) was designed to overcome potential problems between states and the federal government in implementing the Act by providing federal matching funds through cooperative agreements for states that enact laws for protection of endangered species and cooperate in research pro- grams that contribute to better management of such species. Section 7 (91536) required all federal agencies to ensure that actions they authorized, funded, or carried out did not jeopardize the continued existence of threatened or endangered species or result in destruction or adverse modification of their critical habitats. Federal agencies were required to consult with the FWS on actions likely to jeopardize listed species or their critical habitats. Section 8 (91537) authorized funding to help other countries develop and manage programs for conservation of threatened or endangered species and provided for funding of CITES. Section 9 (~1538) prohibited certain actions (including taking or importa- tion into or exportation from the United States) involving listed species. Taking was defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect. Section to (~1539) allowed for exceptions to prohibited actions under special circumstances (e.g., biologists may obtain collection permits for scientific purposes or to enhance propagation or survival of listed species). Section II (91540) provided for penalties for violating the Act and opportunity for anyone to sue (in federal courts) anyone else who violates the Act.