The Main Provisions of the Endangered Species Act

104 8

    Standard Protection

    • The grizzly bear is a mammal protected under the Endangered Species Act.grizzly bear image by Melissa Schalke from Fotolia.com

      The foremost provision of the Endangered Species Act grants the government power to categorize fish, plants and wildlife as "threatened" or "endangered." This provides broad protection for any species on the list, making it illegal to interfere with a listed species or its habitat. According to the Fish and Wildlife Service, a species is declared threatened or endangered by the Secretary of the Interior based on a number of credentials. These include destruction of habitat, prevalence of disease, overpredation, overutilization, or a number of other manmade or natural causes. Those who harm a species protected by the Act face the threat of jail-time and/or monetary fines.

    Section 7

    Section 9

    • Section 9 of the Endangered Species Act states explicitly which actions are prohibited upon listed species, which makes it the heart of the Act. This section prohibits the "taking" of an endangered species, which can include removal from its habitat and infliction of injury or causing death to an animal under the Act's protection. It is illegal for any party, federal or private, to interfere with an endangered species or to cause destruction or modification to its environment. Unless a permit is granted under the regulations of Section 9, it is also illegal for anyone to remove a listed species from its habitat, claim it as a possession or trade it.

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