7066

• UCREFRP Catalog Number: 7066
• Author: Behnke, R. J. and D. E. Benson.
• Title: Endangered and Threatened Fishes of the Upper Colorado River Basin.
• USFW Year: 1980.
• USFW - Doc Type: Bulletin 503A,
• Copyright Material: NO

THE ENDANGERED SPECIES ACT
In the 1960's the environmental movement gath- Conservation Service are also subjected to the provi-
ered momentum from increasing concern over accelera-
ted extinction rates of life on earth. The U.S. Fish
and Wildlife Service created an Office of Endangered
Species and prepared the first list of endangered
species in 1964. The Colorado River squawfish and
the humpback chub were included on the first list.
Congress passed an endangered species preservation
act in 1966, as an expression of concern and aware-
ness, but it lacked enforcement provisions to protect
endangered species where conflicts might arise. In
December 1973, Congress passed new endangered species
legislation, P.L. 93-205, known as the Endangered
Species Act of 1973. The 1973 Act contains strong
provisions to protect species on the list when they
or their environment are in conflict with any federal
action or project which might have negative impacts.
These provisions are detailed in Section 7 of the
Act, which states that all federal agencies are to
use their authority in furtherance of the Act by
carrying out conservation programs for endangered
and threatened species. Federal agencies are directed
to "insure that actions authorized, funded, or carried
out by them do not jeopardize the continued existence
of endangered and threatened species or result in the
destruction or modification of these species habitat
that is determined to be critical by the Secretary of
Interior after consultation with the affected States."
It was violation of Section 7 of the Endangered
Species Act that caused the conflict between the snail
darter and Tellico Dam in Tennessee: This project was
deemed to jeopardize the continued existence of the
snail darter, an endangered species, because the dam
would modify the snail darter's critical habitat.
For a clearer understanding of the ramifications
of Section 7of the Endangered Species Act, two aspects
must be differentiated-- that of private vs. federal
jurisdiction and that of the endangered species and its
critical habitat. Section 7 of the Endangered Species
Act does not apply to private actions unless a federal
agency or federal funding is involved. If a dam for
electrical power generation is to be constructed with
private funds on private property, permits from the
Corps of Engineers and licensing by the Federal Energy
Regulatory Commission must be obtained for the work;
the private project then becomes subject to the provi-
sions of Section 7of the Endangered Species Act.
Irrigation projects of the Water and Power Resources
Service and land modifications funded by the Soil
sions of Section 7.
There has been considerable confusion over the
term "critical habitat." The legal ramifications of
critical habitat apply only to the endangered and
threatened species that have had critical habitat
designated by the Secretary of Interior. In an at-
tempt to allay fears and to more clearly explain the
meaning of "critical habitat," Keith M. Schreiner,
former Associate Director of the Fish and Wildlife
Service, published the following statement in the
August 1976 issue of the Endangered Species Technical
Bulletin (published by the Office of Endangered Spe-
cies):
The most important point I can make about
critical habitat is that in no way does it
place an iron curtain around a particular area;
that is, it does not create a wilderness area,
inviolable sanctuary, or sealed-off refuge.
Furthermore, I would stress that it does not
give the Fish and Wildlife Service or any
other government agency an easement on private
property nor will it affect the ultimate
jurisdiction regarding any public lands.
Critical habitat is provided for by Section
7 of the Endangered Species Act of 1973,
which charges Federal agencies -- and only
Federal agencies -- with the responsibility
for ensuring actions authorized, funded, or
carried out by them do not either 1) jeopar-
dize the continued existence of Endangered
or Threatened Species or 2) result in destruc-
tion of adverse modification of the habitats
of these species. (State and private actions
that do not involve Federal money or approval
do not come under the terms of the Act.)
Simply stated, critical habitat is the
area of land, water, and airspace required
for the normal needs and survival of a
species. As published in the Federal Register
on April 22, 1975, the Service has defined
these needs as space for growth, movements,
and behavior; food and water; sites for
breeding and rearing of offspring; cover or
shelter; and other biological or physical
requirements.
Mr. Shreiner added that each situation is unique and
must be decided on a case-by-case basis. He empha-
sized the great amount of effort and expertise that
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