Monumental Questions - The United States Endangered Species Act

Kristie Ehrhardt • December 3, 2025

You may have heard that there are some modifications brewing regarding the protections afforded species by the United States Endangered Species Act (ESA). Often regarded as one of the most powerful and effective (as well as sometimes controversial) environmental laws in the United States, the ESA was written into law with bipartisan support on December 28, 1973. The purpose of the ESA was to provide the infrastructure to conserve species and their habitats here in the United States and elsewhere. To date 99% of the species listed under the ESA have avoided becoming extinct. Under the law, organizations as well as individuals can petition to have a species listed as threatened or endangered under the ESA. The petitions then undergo extensive evaluation and review by scientists and the public prior to a decision being made about whether the species in question should be listed under the ESA. The ESA also requires that critical habitat areas also be protected as well as recovery plans be drafted for the species. Although this sounds very rigid, the law does allow for flexibility and requires coordination between federal, state, tribal and local agencies to conserve and protect species and their habitat.

 

As the ESA currently stands, once a species is listed as threatened or endangered under the ESA, it and its habitat is afforded formal protection. Any impacts to the species itself or its habitat will likely require a permit and possibly remediation from the United States Fish and Wildlife Service or other leading agency. Under the required recovery plans, populations are monitored over several years to determine if efforts being made are aiding to its recovery. Once a species is considered recovered, it is removed from the special-status species list. Admittedly it is a long process but it is successful. One of the most illustrious delisting is that of the Bald Eagle (Haliaectus leucocephalus) in 2007 following the banning of dichlorodiphenyltrichloroethane (DDT) and a recovery period for the eagles. Another celebrated species that has been delisted from the ESA is the American Peregrine Falcon (Falco peregrinus) in 1999 following a captive breeding program and other intense conservation efforts. In 2016, more species were removed from the special-status species list than ever before.

 

The other way that species can be removed from the special-status species list is if the decline has become irreversible and they are unfortunately classified as extinct. Habitat loss, overuse, competition from invasive non-native species and disease introduction are often human-caused and can be reversible if caught early enough.

 

The goal of the ESA is to strengthen and highlight conservation efforts for species and their associated habitats. In addition to the ESA, the United States also works in cooperation with Migratory Bird Treaties with Canada, Mexico and Japan as well as the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere, the International Convention for the Northwest Atlantic Fisheries, the International Convention for the High Seas Fisheries of the North Pacific Ocean, the Convention on International Trade in Endangered Species of Wild Fauna and Flora and other international agreements. The ESA also offers assistance to states and other associated parties to develop and utilize conservation programs that meet national and international conservation standards for the best interest of the US citizens and our heritage in fish, wildlife and plants.

 

The Berryessa Snow Mountain National Monument is home to several species protected under the ESA including the federally threatened Northern Spotted Owl (Strix occidentallis caurina), the federally endangered Pacific Marten (Martes caurina) and the Pacific Fisher (Pekania pennanti), the federally threatened California Coastal Chinook Salmon (Oncorhynchus tshawytseha) and the Northern California Steelhead (Oncorhynchus mykiss indeas).  



-Kristie Ehrhardt (kehrhardt@tuleyome.org)

Tuleyome Land Conservation Program Manager

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