U.S. Fish & Wildlife Service

 

 

Listing a Species as

Threatened or Endangered

Section 4 of the Endangered Species Act 

The Endangered Species Act (ESA) of 

1973, as amended, is one of the most 

far-reaching wildlife conservation laws 

ever enacted by any nation. Congress, 

on behalf of the American people, 

passed the ESA to prevent extinctions 

facing many species of fsh, wildlife and 

plants. The purpose of the ESA is to 

conserve endangered and threatened 

species and the ecosystems on which 

they depend as key components of 

America’s heritage. To implement 

the ESA, the U.S. Fish and Wildlife 

Service (Service) works in cooperation 

with the National Marine Fisheries 

Service (NMFS), other Federal, 

State, and local agencies, Tribes, 

non-governmental organizations, and 

Listed in 2008 as threatened because of the decline in sea ice habitat, the polar bear may 

spend time on land during fall months, waiting for ice to return. 

Susanne Miller, USFWS 

private citizens. 

Before a plant or animal species can 

receive the protection provided by 

the ESA, it must frst be added to 

the Federal lists of threatened and 

endangered wildlife and plants. The 

List of Endangered and Threatened 

Wildlife (50 CFR 17.11) and the List 

of Endangered and Threatened Plants 

(50 CFR 17.12) contain the names of 

all species of mammals, birds, reptiles, 

amphibians, fshes, insects, plants, 

and other creatures that have been 

determined by us and NMFS (for most 

marine life) to be in the greatest need 

of Federal protection. 

What does “endangered” species 

mean? What does “threatened” species 

mean? 

A species is listed under one of two 

categories, endangered species or 

threatened species, depending on 

its status and the degree of threat 

it faces. An “endangered species” is 

one that is in danger of extinction 

throughout all or a signifcant portion 

of its range. A “threatened species” 

is one that is likely to become 

endangered in the foreseeable future 

throughout all or a signifcant portion 

of its range. To help conserve genetic 

diversity, the ESA defnes “species” 

broadly to include subspecies and (for 

vertebrates) distinct populations. 

What are the criteria for deciding whether 

to add a species to the list? 

A species is added to the list when it is 

determined to be an endangered or 

threatened species because of any of 

the following factors: 

• the present or threatened 

destruction, modification, or 

curtailment of its habitat or 

range;

• overutilization for commercial, 

recreational, scientific, or 

educational purposes;

• disease or predation;

• the inadequacy of existing 

regulatory mechanisms;

• other natural or manmade factors 

affecting its survival.

What steps are involved in listing a 

species? 

We follow a strict legal process known 

as a rulemaking (or regulatory) 

procedure. Federal agencies follow this 

procedure to propose and adopt 

regulations that have the effect of law 

and apply to all persons and agencies 

under U.S. jurisdiction. 

As a first step in assessing the status of 

species, we publish notices of review 

that identify species that we believe 

meet the definition of a threatened 

species or an endangered species. We

refer to these species as “candidates” 

for listing. Through notices of review, 

we seek biological information that will 

help us to complete the status reviews 

for these candidate species. We publish 

notices in the Federal Register, a daily 

Federal Government publication. The 

full list of candidate species is available 

at https://ecos.fws.gov/ecp/report/ 

candidate-species. 

How do we decide which species to list? 

Because of the number of candidates 

and the time required to list a species, 

we developed a priority system 

designed to direct our efforts toward 

the plants and animals in the greatest 

need. In our priority system, the 

degree or magnitude of threat 

is the highest criterion, followed 

by the immediacy of the threat and the 

taxonomic distinctiveness of 

the species (monotypic genus, then 

species, then subspecies, variety, or 

vertebrate population). The ESA gives 

no preference to popular species or socalled “higher life forms.” 

We strive to conserve candidate 

species to prevent the need for listing. 

Candidate Conservation Agreements 

are partnerships involving the Service 

and States or U.S. Territories, Federal 

agencies, private agencies, and you or 
your neighbor to reduce or remove the 

threats to species on the brink of listing. 

How can you comment on a listing 

proposal? 

We or the NMFS (for most marine 

species) publish listing proposals in 

the Federal Register. We sometimes 

publish multi-species proposals when 

several candidate species share a 

common ecosystem. At this stage, 

any interested person can comment 

and provide additional information 

on the proposal -- generally during a 

60-day comment period -- and submit

statements at any public hearings that

may be held.

To promote awareness of a proposal, 

we issue news releases, conduct special 

mailings, and inform the scientifc 

community and other Federal and 

State agencies. In addition, we publish 

a summary of any proposal as a legal 

notice in newspapers serving each area 

in which the species is believed to occur. 

We may hold public hearings in cases of 

high public interest or if an interested 

party asks us to do so within 45 days of 

the proposal. 

What do we do with comments and 

biological information? 

In our fnal rulemaking, we analyze 

information received in public 

comments and testimony. Within one 

year of a listing proposal, we may: 

1) publish a final listing rule as

originally proposed or later

revised because the best available

biological data support it;

2) withdraw the proposal because

the biological information does

not support the listing; or

3) extend the proposal if there is

substantial disagreement within

the scientific community

concerning the biological

appropriateness of the listing.

After a six-month extension, we

are required to make a decision

on the basis of the best scientific

information available.

A final listing rule generally becomes 

effective 30 days after publication in 

the Federal Register. 

Can you nominate a species for listing? 

Although we may initiate listing 

proposals, we also may start the 

listing process with a petition 

from any member of the public. 

However, petitions need the support 

of biological data. We consider any 

information submitted on the biology, 

distribution, or threats to the species 

when making our decisions. 

What are petitions for listing? 

Petitions are formal requests to list a 

species. The ESA requires that we 

make and publish specific findings on a 

petition. We or the NMFS (for most 

marine species) are required to make a 

finding within 90 days of receiving a 

petition (to the extent practicable) as 

to whether there is “substantial 

information” indicating that the 

petitioned action may be warranted. If 

this preliminary finding is positive, we 

conduct a status review. Within one 

year of receipt of the petition, we 

must make a finding whether listing is 

warranted. A positive 12-month 

finding may be incorporated into 

a proposed listing. However, if a 

prompt proposal is precluded by 

higher priority listing activities, we 

may defer the proposal. Then the 

species becomes a candidate for 

listing and is added to our candidates 

list. These “warranted but precluded” 

findings require subsequent 

12-month findings on each succeeding

anniversary of the petition until we

either undertake a proposal or make a 

“not warranted” finding. 

What does “listing” mean for a species? 

Once we add an animal or plant to 

the List, protective measures apply. 

These measures include protection from 

adverse effects of Federal activities 

(through consultations under section 7 

of the ESA); restrictions 

on taking, transporting, or selling a 

species; authority for us to develop and 

carry out recovery plans; authority to 

purchase important habitat; and 

Federal aid to State and Commonwealth 

wildlife agencies that have cooperative 

agreements with us. These efforts 

contribute to species’ survival and assist 

in achieving the ultimate goals — 

conserving plants and animals and 

maintaining their natural diversity and 

the ecosystems upon which they 

depend. 

U.S. Fish and Wildlife Service 

Ecological Services Program 

5275 Leesburg Pike 

Falls Church, VA 22041 

703-358-2171

http://www.fws.gov/endangered/August

2016