Applicable Laws: Endangered Species Act
The Endangered Species Act of 1973 (7 U.S.C. § 136, 16 U.S.C. § 1531 et seq., ESA) was designed to conserve threatened and endangered species and their ecosystems. There are over 1900 species listed under the ESA, although only about 68 fall under the jurisdiction of the National Marine Fisheries Service. The rest fall under the jurisdiction of the United States Fish and Wildlife Service (USFWS).
The ESA:
- authorizes the determination and listing of species as endangered and threatened;
- prohibits unauthorized taking, possession, sale, and transport of endangered species;
- provides authority to acquire land for the conservation of listed species, using land and water conservation funds;
- authorizes establishment of cooperative agreements and grants-in-aid to States that establish and maintain active and adequate programs for endangered and threatened wildlife and plants;
- authorizes the assessment of civil and criminal penalties for violating the Act or regulations;
- authorizes the payment of rewards to anyone furnishing information leading to arrest and conviction for any violation of the Act or any regulation issued there under; and
- requires consultation with NMFS (or the United States Fish and Wildlife Service) on any Federal action that may affect a listed species.
The most relevant section of the ESA to the Council is Section 7, which requires consultation for any Federal action that may affect a listed species. Any regulatory action or fishery management plan approval that NMFS undertakes constitutes a Federal action. Therefore, NMFS must consult with itself in order to minimize the adverse effects of that action. Salmon species represent the bulk of the ESA listings on the West Coast, and salmon fishery management is therefore most intertwined with the ESA. The Council works closely with NMFS to consult when necessary on fishery management actions, and to ensure minimal impacts to ESA-listed species.
For more information, see the NMFS Office of Protected Resources or contact Mr. Kerry Griffin on the Council staff (503-820-2280).
