Endangered Species Related Laws, Regulations, Policies & Notices

The Fish and Wildlife Service in the Department of the Interior and the NOAA Fisheries Service in the Department of Commerce share responsibility for administration of the Endangered Species Act. Look below to learn more about internal guidance and national policies that we have issued to promote efficiency and nationwide consistency in implementing the ESA to protect and recover listed species of plants and animals native to the United States and its territories.

Please see our International Agreements page for information on policies and programs that work to protect and recover species in other countries.

Contents:
 Federal Register Notices  The Endangered Species Act and General Policies  Candidate Conservation  Our Listing Program  Our Consultations Program  Habitat Conservation Planning  Our Recovery Program  Working with Tribes

Federal Register Notices

Federal Register notices of proposed and final listing decisions, critical habitat designations, recovery plans, policies, and other announcements issued by the Endangered Species Program national office.

Additional notices, including those published by our regional offices, can be found in the Service's centralized library of Federal Register notices. Announcements soliciting public comment on permit applications can be found in the “Notices” section of each year.

Policies, special rules, and listing actions, having been proposed, reviewed, and announced in their final form in the Federal Register, are codified in Code of Federal Regulaions.

Laws (treaties, executive orders, etc.) affecting the Fish & Wildlife Service.

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Endangered Species Act and General Policies

• Definition of "Harm" [summary in HTML]
  [64 FR 607277, November 8, 1999], full text in PDF
• Interagency Policy for Conserving Species Listed or Proposed Under the ESA While Providing and Enhancing Recreational Fisheries Opportunities
  [61 FR 27978, June 3, 1996]
• Interagency Policy for the Ecosystem Approach
  to the Endangered Species Act
  [59 FR 34274, July 1, 1994]
• Interagency Policy for Peer Review in ESA Activities
  [59 FR 34270, July 1, 1994]
• Interagency Policy on Information Standards under the ESA
  [59 FR 34271, July 1, 1994]
• Interagency Policy for ESA Section 9 Prohibitions
  [59 FR 34272, July 1, 1994]
• Interagency Policy Regarding the Role of State Agencies in ESA Activities
  [59 FR 34275, July 1, 1994]

See sections below for policies that are more specific to an aspect of our program.

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Candidate Conservation

• Guidance for the Establishment, Use, and Operation of Conservation Banks
• Final Policy for Candidate Conservation Agreements with Assurances
  [64 FR 32726, June 17, 1999], PDF format
• Safe Harbors and Candidate Conservation Agreements with Assurances (Regulations) [64 FR 32705, June 17, 1999], PDF format
• 2003 Candidate Notice of Review PDF format

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Our Listing Program

• Final Policy for Evaluation of Conservation Efforts When Making Listing Decisions [68 FR 15100, March 28, 2003], PDF format.
• Service Publishes List of Candidates for Endangered Species Act Protection [64 FR 57534, October 25, 1999], PDF format
• Service Announces Listing Priority Guidance for FY 2000
  [64 FR 57114, October 22, 1999], PDF format
• To Clarify the Role of Habitat in Endangered Species Conservation
  [64 FR 31871, June 14, 1999], PDF format
• Final Listing Priority Guidance for Fiscal Years 1998 and 1999
  [63 FR 25502, May 8, 1998], PDF format
• Final Decision on Identification of Candidates for Listing as Endangered or Threatened
  [61 FR 64481, December 5, 1996], PDF format
• Notice of Availability: Petition Management Guidance for Petitions Received Under the ESA
  [61 FR 36075, July 7, 1996], PDF format
• Interagency Policy Regarding the Recognition of Distinct Vertebrate Population Segments Under the ESA
  [61 FR 4722, February 7, 1996]

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Our Consultations Program

• Guidance for the Establishment, Use, and Operation of Conservation Banks
• Evaluating the Net Benefit of Hazardous Fuels Treatment Projects [68 FR 1629], PDF format
• Aternative Approaces for Streamlining Section 7 Consultation on Hazardous Fuels Treatment Projects [68 FR 1628], PDF format
• Notice of Availability: Final Endangered Species Consultation Handbook for Procedures for Conducting Consultation and Conference Activities Under Section 7 of the ESA
  [64 FR 31285, June 10, 1999], PDF format
• Endangered Species Act Consultation Handbook Procedures for Conducting Section 7 Consultations and Conferences

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Habitat Conservation Planning

• Guidance for the Establishment, Use, and Operation of Conservation Banks
• Addendum to the HCP Handbook (5 Point Policy Initiative)
  [65 FR 35242, June 1, 2000], PDF format. Also see Addendum to the HCP Handbook, Executive Summary (in PDF) and the Addendum Questions and Answers (in PDF)
• Habitat Conservation Plan Assurances ("No Surprises") Rule
  [63 FR 8859, February 23, 1998], PDF format. Also see “No Surprises” Questions and Answers (in HTML) and “No Surprises” Myths (in PDF).
• Notice of Availability: Final Handbook for Habitat Conservation Planning and Incidental Take Permitting Process
  [61 FR 63854, December 2, 1996], PDF format
• Habitat Conservation Planning Handbook

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Our Recovery Program

• Policy Regarding Controlled Propagation of Species Listed Under the Endangered Species Act [65 FR 56916, September 20, 2000], PDF format
• Final Safe Harbor Policy
  [64 FR 32717, June 17, 1999], PDF format
• Safe Harbors and Candidate Conservation Agreements with Assurances (Regulations) [64 FR 32705, June 17, 1999], PDF format
• Interagency Policy on Recovery Plan Participation and Implementation under the ESA
  [59 FR 34272, July 1, 1994]
• Policy and Guidelines for Planning and Coordinating Recovery of Endangered and Threatened Species (May 1990)
• Policy and Guidelines for Planning and Coordinating Recovery of Endangered and Threatened Species [48 FR 43098, September 21, 1983]

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Working With Tribes

• Limitation on Section 9 Protections Applicable to Salmon Listed as Threatened under the Endangered Species Act (ESA), for Actions under Tribal Resource Management Plans (Tribal Plans)
  [65 FR 108, January 3, 2000], full text in PDF
• Secretarial Order #3206: American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act [June 5, 1997]

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Updated June 16, 2004