Does the Endangered Species Act protect listed plants differently than it does listed animals?
A. Yes, in some ways. While the ESA prohibits “take” of listed animals wherever they occur, it prohibits “take” of listed plants only under certain circumstances. The ESA prohibits destruction of listed plants on Federal land, but provides little substantive protection on private lands unless the property is subject to a federally administered, authorized, or funded activity. In cases where there is a Federal connection, the U.S. Fish and Wildlife Service must be consulted by the agency responsible for authorizing the activity. The Endangered Species Act requires all Federal agencies to assist in the recovery of both listed plants and wildlife, and prohibits them from jeopardizing the continued existence of either a listed plant or a listed animal by any action they authorize or fund. The provisions for recovery planning and partnerships with the State also are the same for plants and animals. Protection of listed plants under State law differs somewhat from Federal provisions and land
