There are no federal prohibitions under the ESA for the taking listed plants on nonfederal lands, unless taking of those plants is in violation of state law or would accompany a project that requires federal authorization, permits or funding. Any species in danger of extinction throughout all or a significant portion of its range and listed pursuant to the provisions of the Endangered Species Act. Any species which is likely to become endangered within the foreseeable future throughout all or a significant portion of its range. An agreement to encourage the removal of threats to specific target species so as to avert listing them as threatened or endangered under the act. Voluntary protection measures are included in the agreement which specifies management activities necessary to prevent the species from declining to the point that full ESA protection is warranted.
Agreements cover species which are most likely to be listed in the near future.
As defined by ESA regulations, for a species to be placed in jeopardy is to reduce appreciably the likelihood of both survival and recovery of the species. After mandatory consultation between the Secretary of the Interior and the action agency, the secretary must issue a written biological opinion with a decision as to whether an action will likely jeopardize the continued existence of the listed species. Also prohibited is the selling, importing, exporting or removal of listed species. They authorize a take of protected species that may be incidental to, but not the purpose of, otherwise lawful activities. An HCP must accompany an application for an Incidental Take Permit, and must ensure that the effects of the authorized incidental take will be adequately minimized and mitigated to the maximum extent practicable.