Species protection terminology

Scope

The Endangered Species Act (ESA) and the guidance and policies of the U.S. Fish and Wildlife Service (Service) define many categories of listing statuses for species. The term “listed species” is used to generically refer to species that may belong to any of the categories defined in “Key definitions” below.

Regulatory citations

• 50 CFR 17 — Endangered and Threatened Wildlife and Plants
• 50 CFR 17 Subpart E — Similarity of Appearance
• 50 CFR 17 Subpart H — Experimental Populations

Key definitions

• Candidate (C): Any species for which the Service has sufficient information on its biological status and threats to propose it as endangered or threatened under the ESA, but for which development of a proposed listing regulation is precluded by other higher priority listing activities. Candidate species are not protected by take prohibitions of section 9 of the ESA.
• Emergency listing, Endangered (EmE) / Emergency listing, Threatened (EmT): Any species for which the Secretary of the Department of the Interior (Secretary) has determined there is an emergency posing a significant risk to its well-being and has thereby issued an emergency listing as endangered/ threatened. The emergency listing is temporary for 240 days, during which time the Service evaluates the species under standard listing protocols. Emergency-listed endangered/threatened species are afforded all the protections afforded by the ESA.
• Experimental population, Essential (EXPE)/ Experimental population, Non-essential (EXPN): A population that has been established within its historical range under section 10(j) of the ESA to aid recovery of the species. The Service has determined an essential population is necessary for the continued existence of the species. Essential experimental populations are treated as threatened species and afforded all the protections afforded to threatened species by the ESA. The Service has determined a non-essential population is not necessary for the continued existence of the species. For the purposes of consultation, non-essential experimental populations are treated as threatened species on National Wildlife Refuge and National Park land (require consultation under 7(a)(2) of the ESA) and as a proposed species on private land (no section 7(a)(2) requirements, but Federal agencies must not jeopardize their existence (section 7(a)(4)).
• Endangered (E): Any species which is in danger of extinction throughout all or a significant portion of its range. Endangered species are protected by take prohibitions of section 9 under the ESA.
• Proposed endangered (PE): Any species the Service has determined is in danger of extinction throughout all or a significant portion of its range and the Service has proposed a draft rule to list as endangered. Proposed endangered species are not protected by take prohibitions of section 9 of the ESA until the rule to list is finalized. Under section 7(a)(4) of the ESA, federal agencies must confer with the Service if their action will jeopardize the continued existence of a proposed species.
• Proposed threatened (PT): Any species the Service has determined is likely to become endangered within the foreseeable future throughout all or a significant portion of its range and the Service has proposed a draft rule to list as threatened. Proposed threatened species are not protected by the take prohibitions of section 9, consistent with any protective regulations finalized under section 4(d) of the ESA, until the rule to list is finalized. Under section 7(a)(4) of the ESA, Federal agencies must confer with the Service if their action will jeopardize the continued existence of a proposed species.
• Similarity of Appearance, Endangered (SAE)/ Similarity of Appearance, Threatened (SAT): Any species listed as endangered/threatened due to similarity of appearance with another species that is listed as endangered or threatened. Species listed under a similarity of appearance are not biologically endangered/ threatened and are not subject to section 7 consultation. Listing by similarity of appearance depends on the degree of difficulty law enforcement personnel would have in distinguishing the species from an endangered species and where the additional threat posed to the endangered species by the similarity of appearance. Species listed under a similarity of appearance may be protected by the take prohibitions of section 9 under the ESA, where they overlap with the listed entity they were listed to protect.
• Threatened (T): Any species which is likely to become endangered within the foreseeable future throughout all or a significant portion of its range. Threatened species are protected by take prohibitions of section 9, consistent with any protective regulations finalized under section 4(d) of the ESA.

Summary of requirements

None