Who Enforces the ESA?
The ESA requires all federal agencies to consult with an appropriate federal department (i.e., Department of the Interior, USDA) to determine what effects its land use or other actions will have upon endangered species. The agencies are prohibited from taking any action that will threaten an endangered species without a special waiver from a committee headed by the Secretary of the Interior. Agency action might include the issuance of a permit to a private party such as when the Army Corps of Engineers issues permits for dredge and fill activities (see FE582, Clean Water Act). The ESA also applies to private and state actions although the prohibitions are slightly different. The ESA grants enforcement authority to the Secretary of the Interior, the Secretary of Commerce and, in cases regarding the importation or exportation of plants, the Secretary of Agriculture. The Secretary of Agriculture is solely responsible for the protection of endangered plant species.
