Endangered Species Act

Congress is considering reauthorization of the Endangered Species Act. GAO was asked to obtain information on the efforts of the Fish and Wildlife Service to protect species on nonfederal lands. A predominant number of the species protected under the Act have the major share of their habitat on nonfederal lands. Specifically, of the 781 listed species for which the Fish and Wildlife Service was responsible as of May 1993, 712 (or over 90 percent) have habitat on nonfederal lands and of these, 516 have over 60 percent of their total habitat on nonfederal lands. Two processes authorized under the Act have addressed potential conflicts between the effort to protect species and land use activities on nonfederal lands. The implementation of these processes has resulted in nonfederal landowners altering their planned or ongoing activities in various ways to minimize and/or mitigate their potential impact on endangered species. In addition, the Fish and Wildlife Service and others have initiated legal action to protect species.

GAO found that: (1) over 90 percent of the species protected under ESA have habitat on nonfederal lands; (2) nonfederal landowners have been required to alter their planned or ongoing activities in various ways to minimize and mitigate their potential impact on protected species; (3) FWS has enforced the ESA prohibition on the taking of protected species; (4) during fiscal years 1988 through 1993, FWS adjudicated 126 takings violations; (5) in at least four instances, FWS sought injunctive relief to stop or delay an activity on nonfederal lands that was viewed as posing a threat to a protected species; and (6) private citizens have claimed that species protection efforts have resulted in the uncompensated taking of private property in violation of the fifth amendment to the U.S. Constitution.