Does the Endangered Species Act protect plants differently than it does animals?
A. Yes, in some ways it does. While the Act prohibits “take” of listed animals wherever they occur, it prohibits “take” of listed plants only under certain circumstances. The Act prohibits destruction of listed plants on Federal land, but provides little protection from activities on private lands unless the activity is federally administered, authorized, or funded or is in violation of any State laws or criminal trespass law. In those cases where an activity that may affect a listed species is federally administered, authorized, or funded, the Federal agency must consult with the Fish and Wildlife Service to ensure that the activity does not jeopardize the species. The Act requires all Federal agencies to help recover both listed plants and wildlife, and prohibits them from jeopardizing the continued existence of either listed species 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.
