Endangered Species

Information by State  Print version   Did You Know? HUD Environment Q & A Answers to frequently asked questions on Endangered Species Act

The Endangered Species Act (ESA) of 1973, as amended, and its implementing regulations provide considerable flexibility to Federal agencies in meeting their mandates to conserve threatened and endangered species (listed species) with minimal conflict with their fundamental mission. When passed, the ESA spoke specifically to the value - tangible and intangible - of conserving species for future generations. Second, it addressed a problem that, at the time, was only just beginning to be understood: our looming extinction crisis. Lastly, in passing the Act, Congress recognized another key fact that subsequent scientific understanding has only confirmed: the best way to protect species is to conserve their habitat.

The federal government and each of its agencies have a statutory mandate to use their powers for the conservation of species. Each agency must ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species in the wild, or destroy or adversely modify its critical habitat.

The ESA is jointly adminitstered by the Secretaries of Interior and Commerce. The U.S. Fish and Wildlife Service is responsible for terrestrial species and the NMFS is responsible for marine species. Candidate species are defined differently by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (NMFS). If an agency determines that a proposed action may adversely affect such a species, it must formally consult with the Fish and Wildlife Service (FWS) or NMFS.

Endangered Species

Does the property affect endangered species?

Threshold: The Endangered Species Act (ESA) of 1973 requires protection of listed or proposed endangered or threatened species or critical habitats. Projects that can affect listed endangered or threatened species or critical habitats require consultation with the Department of Interior in compliance with the procedure of Section 7 of the ESA. Only for new construction and conversion activities does the ESA authority apply.

Documentation: Grantees are to select A_ or B_ for the condition that best describes their project and document the source of the information.

1. If grantee proposes new construction or conversion activities that are likely to affect listed or proposed endangered or threatened species or critical habitat, the grantee provides HUD with a statement from a qualified data source explaining the likely effect, and/or a finding made by the Fish and Wildlife Service of the Department of the Interior that states as acceptable, the proposed mitigation that the grantee must provide to protect any affected endangered species or critical habitat.



2. If the grantee proposes new construction or conversion activities, the grantee provides HUD with a finding made by a qualified data source that the project is not likely to affect any listed or proposed endangered or threatened species or critical habitat. The finding shall indicate whether the project is located within a critical habitat, and if so, explain why the project is not likely to affect the species or habitat.

Listed endangered and threatened species and habitats may be found at the following url: http://www.fws.gov/endangered/.

Addtional information and technical assistance is available by contacting the U.S. Fish and Wildlife Service at http://www.fws.gov.

For marine species contact the National Marine Fisheries Service at the NAtional Oceanic Atmosphere Administration (NOAA): http://www.nmfs.noaa.gov/.

Also, for either NOAA or FWS, their regional offices will be able to assist you. State departments of natural resources or the environment may also be helpful.