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The Endangered Species Act of 1973 (ESA) is the primary law in the United States for protecting imperiled species. The U.S. Supreme Court called it “the most comprehensive legislation for the preservation of endangered species enacted by any nation.”[1] The purposes for the ESA are two-fold: to prevent extinction and to recover species to the point the law's protections are not needed. It therefore “protect[s] species and the ecosystems upon which they depend" through different mechanisms. For example, section 9 prohibits unlawful ‘take,’ which means to “harass, harm, hunt...”. Section 7 directs federal agencies to use their authorities to help conserve listed species. The ESA also enables U.S. participation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).[2][3]

History

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Calls for wildlife conservation increased in the early 1900s because of the visible decline of several species.  For example, the near-extinction of the bison, which used to number in the tens of millions in Western states, helped drive the movement. The extinction of the passenger pigeon, which numbered in the billions, also caused alarm.[4] The whooping crane also received widespread attention as unregulated hunting and habitat loss contributed to a steady decline in its population. By 1890, it had disappeared from its primary breeding range in the north central United States. Scientists of the day played a prominent role in raising public awareness about the losses. For example, Ornithologist George Bird Grinnell highlighted bison decline by writing articles in Forest and Stream.

To address these concerns, Congress enacted the Lacey Act of 1900. The Lacey Act was the first federal law that regulated commercial animal markets. It also prohibited the sale of illegally killed animals between states . Other legislation followed, including the Migratory Bird Conservation Act of 1929, a 1937 treaty prohibiting the hunting of right and gray whales, and the Bald Eagle Protection Act of 1940.

Endangered Species Preservation Act of 1966

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Despite these treaties and protections, many populations were still declining. By 1941, only 16 whooping cranes remained in the wild. By 1963, the bald eagle, the U.S. national symbol, was in danger of extinction. Only 487 nesting pairs remained. Loss of habitat, shooting, and DDT poisoning contributed to its decline.

The U.S. Fish and Wildlife Service tried to prevent the extinction of these species. Yet, it lacked the necessary Congressional authority and funding. In response, Congress passed the Endangered Species Preservation Act (P.L. 89-669 )on October 15th, 1966. The Act initiated a program to conserve, protect, and restore select species of native fish and wildlife. As a part of this program, Congress authorized the Secretary of the Interior to acquire land or interests in land that would further the conservation of these species.  

The Department of Interior issued the first list of endangered species in March of 1967. It included 14 mammals, 36 birds, six  reptiles and amphibians, and 22 fish. A few notable species listed in 1967 included the grizzly bear, American alligator, Florida manatee, and bald eagle. The list included only vertebrates at the time because the Department of Interior's limited definition of "fish and wildlife."

References

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  1. ^ TVA v. Hill, 437 U.S. 153, 180 (1978).
  2. ^ "CITES". www.fws.gov. Retrieved 2020-01-04.
  3. ^ "How CITES works | CITES". www.cites.org. Retrieved 2020-01-04.
  4. ^ Dunlap, T.R. (1991). Saving Americas Wildlife - Ecology and the American Mind, 1850-1990. Princeton University Press.