Harm can include activities that result in significant environmental modification or degradation of the habitat of an endangered or threatened species. A petitioned species may be listed as endangered or threatened because of present or threatened modifications to its habitat or range, overexploitation, disease, predation, or other factors. Within 90 days of receiving a petition, the agency must publish whether such an action may be warranted. If so, a status review begins, and within 12 months of the petition the agency must publish its decision. Those species most likely to conflict with economic activities are prioritized for listing, which is based solely on the best scientific data available.
Negative findings are subject to judicial review.
If listed, the agency issues recovery plans and regulations to conserve the species and prohibit take or violations of the regulations. The remaining four sections involve implementation of recovery plans. Otherwise prohibited acts are permitted for scientific purposes, to enhance species persistence, or if take is incidental to lawful activity. Issuance of such a permit requires a conservation plan that specifies likely impacts, steps and funding to mitigate such impacts, reasons alternative actions are not taken, evidence that the taking will not reduce species persistence and recovery, and responses to other requirements of the agency. The agency may also allow permits for a year or less if human subsistence or substantial economic losses are imminent.