Given that many species with documented cultures are also species of conservation concern in the USA, the concept of non-human animal culture could have considerable implications for laws and policies affecting wildlife conservation. Consequently, we examined the integration of non-human animal culture into (1) the designation of distinct population segments under the Endangered Species Act (ESA), and (2) recovery plans, recovery outlines and 5-year reviews for ESA-listed cetaceans. We found that non-human animal culture has almost never been considered in the determination of distinct population segments and, even for cetaceans, culture has relatively rarely been considered in ESA recovery-related documents. Therefore, we recommend that the U.S. Fish and Wildlife Service and National Marine Fisheries Service take the following actions to ensure they follow the ESA’s best available science mandate to list appropriate entities and manage their recovery: (1) prepare a guidance document specifically tailored for practitioners; (2) use a more expansive, scientifically rigorous definition of representation, including extrinsic characteristics such as how species interact in communities and ecosystems through cultures; and (3) where relevant, take actions to protect non-human animal cultural diversity, such as through consideration in the determination of distinct population segments under the ESA and through recovery plans that recognize the importance of cultural transmission of behaviour. More generally, we also recommend action to expressly integrate non-human animal culture into the concept of biodiversity in relevant USA laws and policies affecting wildlife conservation, particularly the ESA.