Endangered Species Act Passed: Wildlife Protected

President Richard Nixon signed the Endangered Species Act into law on December 28, 1973, creating the most powerful wildlife protection legislation in the world. The law passed Congress with almost no opposition, receiving unanimous approval in the Senate and a 390-12 vote in the House, reflecting a bipartisan environmental consensus that would be unimaginable in subsequent decades. Nixon declared that the country must prevent the extinction of species that were "the irreplaceable handiwork of millions of years of development." The ESA replaced weaker predecessor laws that had failed to prevent the continuing decline of American wildlife. The bald eagle had been driven to fewer than 500 nesting pairs by DDT and habitat destruction. The American alligator was heading toward extinction from unregulated hunting. The California condor population had dropped below 50 individuals. Congress designed the new law with unusually broad authority: any species in danger of extinction could be listed, and once listed, it received protection of its critical habitat regardless of economic consequences. The law gave the Fish and Wildlife Service authority to designate critical habitat, restrict development, and require federal agencies to consult wildlife experts before approving projects that might harm listed species. Section 9 made it illegal to "take" any endangered animal, broadly defined to include harass, harm, pursue, hunt, trap, or collect. Private landowners faced development restrictions that generated fierce opposition. The ESA has prevented the extinction of 99 percent of listed species. The bald eagle recovered to over 9,700 nesting pairs by 2007. The alligator, gray wolf, and peregrine falcon all stabilized under its protection. Critics argue the law prioritizes species over economic development, and multiple attempts to weaken it have been mounted in Congress, but the ESA has survived intact for over fifty years.