This section simply gives the Title and specific purpose
of the Act: to provide for the conservation of endangered
and threatened species of fish, wildlife, and plants,
and for other purposes.
2: Findings, Purposes, and Policy. This section
provides some basic background into the reasons for
the Act, as well as its history and Congress' intent
in enacting it.
This section provides defines each of the various terms
and concepts used throughout the Act.
4: Determination of Endangered Species and Threatened
The basic structure of the ESA is designed around the
concept of protecting individual species that are classified
as either "endangered" or "threatened."
This section addresses how individual species are protected
under the Act through a formal "listing,"
as well as the the various procedural implications of
such classifications. It also addresses how protected
species can be "removed" from these "lists."
5: Land Acquisition. This section addresses
the various procedures in which land may be acquired
from both private and governmental landowners, or otherwise
set aside, as habitat for the protection of "listed"
6: Cooperation with the States. This section
focuses upon state agencies that undertake programs
for the protection of "listed" species by
encouraging cooperation between state and federal agencies
relative to the protection of "listed" species.
It also mandates specific priorities relative to the
resolution of conflicts that do arise.
7: Interagency Cooperation.
This section addresses how conflicts among different
federal agencies are handled with respect to the protection
of "listed" species under the Act. It also
establishes an "Endangered Species Committee"
to act as the ultimate arbiter in resolving disputes
and in construing and carrying out the intended purposes
of the Act.
8: International Cooperation. This section
encourages cooperation between the federal government
and foreign governments in establishing treaties and
other economic incentives for the protection of species
"listed" under the Act.
8A: Convention Implementation. This section
articulates specific procedures for implementing international
cooperation and in establishing international conventions
for the protection of "listed' species.
9: Prohibited Acts.
This section articulates a list of specific activities
that constitute a violation of the Act, as well as any
Convention established under the Act.
This section articulates a number of exceptions to prohibitions
imposed under the Act. Specifically, this section addresses
"incidental takes," hardship exceptions, exceptions
granted to certain native peoples, experimental populations
and a variety of other exceptions.
11: Penalties and Enforcement.
This section sets forth the penalties for both civil
and criminal violations of the Act, as well as the procedures
for prosecuting and defennding such violations. This
section also creates specific procedures by which private
"citizen suits" may be maintained under the
12: Endangered Plants. This section expressly
includes plants within the scope of
protection provided to "species" under the
13: Conforming Amendments. This section consists
of various amendments to other Acts.
14: Repealer. This section consists of prior
repeals of various provisions of the Act.
15: Authorization of Appropriations. This
section contains authorization for the original funding
for the operations of the Act, as well as subsequent
re-authorizations of funding through 1992.
16: Effective Date. This section states
in its entirety that "[t]his Act shall take effect
on the date of its enactment."
17: Marine Mammal Protection Act of 1972.
This section states in its entirety that "[e]xcept
as otherwise provided in this Act, no provision of this
Act shall take precedence over any more restrictive
conflicting provision of the Marine Mammal Protection
Act of 1972."
18: Annual Cost Analysis by the Fish and Wildlife Service.
This section requires an annual cost accounting by the
Secretary of Interior on a species by species basis
for all expenditures of federal government funds incurred
under the Act for the preservation of "listed"
species during the preceeding fiscal year.