A The U.S. Fish and Wildlife Service in the Department of the Interior and National Marine Fisheries Service under the Department of Commerce are responsible for designating species as threatened or endangered. Any proposed designation requires public notification and an opportunity for public participation. The major factor in species designation is scientific evidence that the species is in danger of extinction in a significant portion of its range or is likely to become so in the foreseeable future. A Endangered species cannot be purchased or sold in interstate or foreign commerce. Section 7 of the ESA requires that all federal agencies ensure that actions approved, funded, or carried out by them do not jeopardize the continued existence of a listed species or destroy critical habitat.
Areas designated as critical habitat are of significance to the conservation of a species.
However, designation of critical habitat does not of itself restrict the rights of a property owner or prevent any particular type of use or development. The requirements under Section 7 of the ESA are implemented through a formal process of interagency consultation intended to identify reasonable development alternatives that do not conflict with species needs. If no reasonable alternatives exist, the Act provides for a means of exemption from Section 7. Private citizens can participate in the administrative processes involved in designating species as threatened or endangered, or the designation of critical habitat. They can initiate such processes by petitioning the Secretaries of Interior or Commerce.