Endangered Species Act (ESA)

The Endangered Species Act (ESA) was created to prevent the extinction of plants and animals while helping to recover those species that have been listed as being threatened or endangered. As a federal agency, FERC must protect and contribute to the recovery of all threatened and endangered species affected by their actions. During hydropower licensing, FERC has to consult with the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) to ensure that its decisions will not jeopardize the continued existence of listed species or result in adverse impacts to listed species or their habitat. If FWS or NMFS determines that FERC may cause jeopardy to a listed species or adversely affect critical habitat by issuing a license, those agencies can also establish reasonable and prudent alternatives (RPA) or measures (RPM) to protect and recover the ESA listed species. While FERC is not strictly required to include those measures in a license, it typically does so.