The organization has violated the Endangered Species Act. Under the act the Secretary of the Interior can list any species as "endangered," that is, "in danger of extinction throughout all or a significant portion of its range," except for certain insect pests. ("Threatened" species are also protected.) In determining the factors of endangerment, the secretary must consider the destruction of habitat, disease or predation, commercial and recreational activity, and "other natural or manmade factors." Within a year of listing an endangered species, the secretary is required to define the "critical habitat" of the species, which is the area with the biological or physical features necessary to species survival.