When mathematician and meteorologist Edward Lorenz speculated on the global effects generated by a butterfly flapping its wings in South America, he could not have realized the influence his metaphor would later have in the genesis of the 1973 Endangered Species Act (ESA). Lorenz’s "butterfly effect," the concept of an interconnected environment in which the presence of each element affects all others, has become a key justification for species preservation. This goal of the Endangered Species Act has gained new support from a memorandum issued by President Barack Obama in one of the earliest acts of his presidency.
Origin of the Endangered Species Act
The Endangered Species Act grew out of an earlier law, the 1966 Endangered Species Preservation Act. This act allowed native animal species to be identified as endangered, a term meaning that the species was nearing extinction. The Endangered Species Preservation Act also required government agencies to protect the habitats of endangered species, but only when such actions remained consistent with agency goals.
In response to the limitations of the Endangered Species Preservation Act, Congress passed a new law in 1973 that gave the government a more active role in insuring that plant and animal species are preserved. That new law was the Endangered Species Act.
Contents of the Endangered Species Act
The Endangered Species Act (ESA) includes both endangered and threatened species – those likely to become endangered – in its coverage, and it adds plants as well as animals to its listings. ESA requires that Federal agencies preserve endangered and threatened species by consulting the appropriate enforcement agency on any action that could affect such species. It also prevents federal agencies from acting in ways that could harm a threatened or endangered species or that species' habitat.
ESA restrictions affect private individuals as well as government agencies. It prohibits anyone from “taking” – causing harm – to endangered animal species or to their habitats.
Agencies That Enforce the Endangered Species Act
ESA gives both the Fish and Wildlife Service and the National Marine Fisheries Service responsibility for enforcing its provisions. The National Marine Fisheries Service focuses on marine species only. Regulations affecting all other species are administered by the U.S. Fish and Wildlife Service. According to TESS, the Threatened and Endangered Species Database System maintained by the Fish and Wildlife service, ESA’s protection extended to a total of 1891 species as of June 2009.
Future of the Endangered Species Act
On March 3, 2009 President Barack Obama issued a memorandum which reinforced key provisions of 1973 Endangered Species Act. President Obama acted in response to a decision made by his predecessor, George W. Bush, to exempt many federal agencies from ESA's consultation requirement - their need to check with the Fish and Wildlife Service or the National Marine Fisheries Service before taking actions that could harm listed species or their habitats. Obama’s memorandum rescinded those exemptions and thus provided hope for a more rigorous enforcement of the Endangered Species Act during his administration.