Endangered Species

Conservation
 The U.S. Endangered Species Act
• The U.S. Endangered Species Act of 1973 (ESA) is the
most far-reaching wildlife statute ever adopted by any
nation. The National Academy of Sciences has issued a
detailed report on Science and the Endangered Species
Act. 
• Unlike previous legislation, the act was not designed to
protect only those species that were economically useful
or potentially useful to man; it is based on the idea that
species are of "aesthetic, ecological, educational,
historical, recreational and scientific value to the
nation and its people“.
 The U.S. Endangered Species Act
• The ultimate purpose of the
Endangered Species Act is to
bring about the recovery of
endangered and threatened
species.
• The Supreme Court has
interpreted the act to mean
that the value of species cannot
be calculated, and that listed
species should be protected
whatever the cost. 
 The U.S. Endangered Species Act
The ESA (as amended in reauthorizations) requires the
following:
• It requires the Secretary of the Interior to identify and
publish lists of species that are endangered (in imminent
danger of going extinct) or threatened (likely to become
endangered in the foreseeable future).
• The lists include both U.S. and foreign species, and include
invertebrates and plants. A decision whether to list must be
based solely on the biological evidence; economic factors
are not relevant at this stage.
 The U.S. Endangered Species Act
• Anybody that can provide
adequate evidence can make a
proposal for listing.
• Endangered species are given full
legal protection against
exploitation: they cannot be
"taken ".
• "Take" means harass, harm,
pursue, hunt, shoot, wound, kill,
trap, capture, or collect, or to
attempt to engage in such
conduct.
 The U.S. Endangered Species Act
• Such activities directed against animals
are illegal even on private land.
• In the case of plants, the ESA prohibits
taking of endangered species only if it
is prohibited by state law, and it
usually is not; this is a major weakness
of the act.
• The federal government is prohibited
from engaging in activities that could
jeopardize the continued existence of
listed species or adversely affect their
designated critical habitat. 
 The U.S. Endangered Species Act
• A recovery plan must be
developed and the recovery of
the species must be monitored.
• The species or its products
cannot be exported or
imported. Foreign Species
may be included in the
endangered or threatened
species lists under the ESA. 
• This is meant to prevent the
importation of wildlife
products into the U.S. from
contributing to the extinction of
species outside our borders. 
• It also fulfills the United States'
obligation under agreements
such as CITES to enact
legislation to protect species
listed by international treaties.
 The U.S. Endangered Species Act
• An amendment was passed in 1978
creating an "Endangered Species
Committee" (sometimes called the
"God Squad" or "Extinction
Committee") which consists of the
secretaries of Agriculture, Interior,
and the Army, the Chairman of the
Council of Economic Advisors, the
heads of the Environmental
Protection Agency and the National
Oceanic and Atmospheric
Administration, and a representative
from the affected state.
 The U.S. Endangered Species Act
• This committee can be convened to
resolve conflicts when all other
efforts have failed, and it can grant
exceptions to the ESA when no
"reasonable and prudent alternative"
exists, when the project is of
national and regional significance,
and when the benefits "clearly
outweigh" those of alternative
actions. Thus, the committee has
the power to condemn species to
extinction. 
 State Endangered Species Acts
• Most states also have their own laws for
Endangered Species Protection, some of
which are stronger than the federal
statutes. 
• The California Endangered Species Act
was reauthorized 9/97 with several
provisions that some environmental
groups consider weakening, others
consider strengthening.  The changes:
•
1.  Make it easier for developers to
destroy endangered species habitat
provided they set aside equivalent acreage
elsewhere for protection
2.  Grant farmers immunity from
prosecution if they accidentally kill
endangered species during "routine"
agricultural practices.
 State Endangered Species Acts
• California law allows the
designation of a species as
Fully Protected, which is a
greater level of protection
than is afforded by the
California Endangered
Species Act.
• Such a designation means
the listed species cannot be
killed, nor can its habitat
be destroyed if this would
ultimately lead to its death
or destruction.
• Fully Protected Species
has been given to the
Southern Sea Otter,
California Condor,
California Least Tern,
Golden Eagle, Peregrine
Falcon, Bighorn Sheep,
Salt Marsh Harvest Mouse
and many others.
Successes and Failures of the Endangered Species Act

• The Center for Biological Diversity has identified 631 species and
subspecies that have been driven to extinction in North America
since 1642.  Limited funding makes it impossible to list them as fast
as they are going extinct. 
• Over 1700 species have been listed, but recovery plans are in place
for only about half of them.  There is a huge backlog of 239
candidate species waiting to be listed, and 24 on a "warranted but
precluded" list. In August 2001 there were 66 active listing
petitions, and 37 species proposed for listing (map).
• Opposition from farmers and developers also slows down listings.  A
current example is the black-tailed prairie dog, which has been
reduced to less than one percent of its historic range of 100 million
acres and is in grave danger of extinction.
Black-tailed Prairie Dog
 Successes and Failures of the
Endangered Species Act
• Ten California species have been listed since a
moratorium on ESA listing was lifted in 1996. The
first one was the California red-legged frog. Two
butterfly species and six plant species, as well as a
fairy shrimp have been added to the list.
• In March 1998, after a long fight by the Sierra
Club, the Peninsular Bighorn Sheep was listed as
endangered.  This listing has major ramifications for
resort and golf course developments in the
California desert.  The population of this subspecies
of sheep numbered 1,200 in 1971, 600 in 1991, and
280 in 1997.  This listing was followed by the Sierra
Nevada Bighorn Sheep in February 1999.
• In August 2001, the Interior Department agreed to
speed up listing of 29 animal and plant species, as
part of a deal to avoid legal challenges from
conservation groups.
Successes and Failures of the
Endangered Species Act

Fairy Shrimp

Red-legged Frog
 Successes and Failures of the
Endangered Species Act
• The ESA has not yet been able to routinely monitor the status of
listed species or the effects of recovery plans. However, a report
released in 1990 indicated that 41% of species then protected were
either stable or increasing in number.
• On the other hand, 38% were declining, 2% were extinct and 19%
were of uncertain status. The species that have recovered best are
those that were threatened by single factors like over-exploitation or
pollution. Those threatened because of habitat loss (the vast
majority) have not recovered.
• More than 80 species have gone extinct, and another 170 may have
gone extinct, while awaiting listing. An example is the Columbia
River Coho salmon, which the ESA delayed listing in the 1970s
while trying to negotiate new regulations for hydroelectric power in
the Pacific Northwest.   
 Successes and Failures of the
Endangered Species Act
• 31 species have been delisted: seven due to extinction; 12
due to scientific revision, additional discoveries or
amendment of the ESA.  Of the species listed as
"recovered", six are located outside of the U.S. (and
therefore receive no direct protection from ESA), and three
bird species recovered due to the banning of DDT. 
• There are only three remaining success stories: the
California Gray Whale (1994), American Alligator
(1987), and Rydberg Milk-vetch (1989).
• Less than one percent of all listed species have recovered
under the ESA.
• Delisting of recovered species would be evidence for
success of the ESA, and makes for good publicity for the
government agencies responsible for it. 
Successes and Failures of the
Endangered Species Act
 Problems with the Endangered Species Act

• Many conservationists have started to think that the ESA approach

is not adequate to the task of preserving biodiversity, even in this
country. It having the following weaknesses:

1. Narrow focus

The number of endangered species is just too large for them to be

successfully dealt with one at a time. It has cost about $4 million
per species for complete recovery. Rough estimates indicate it
would cost $4.6 billion over ten years to provide for recovery of
all listed and candidate species to the level where they could be
delisted. This is about 8x the amount that ESA has in its budget
(about $63 million per year).
 Problems with the Endangered Species Act

2. Loopholes

One legal loophole available to listing agencies is to declare a

listing "warranted but precluded".  This is ostensibly to allow them
to postpone action on species deserving protected status yet not in
imminent danger of extinction, in order to focus first on other
critically imperiled species.
3. Timing

The ESA approach is an "emergency room" approach. Species are

not given protection until their numbers are reduced to the
extent that they are already on their way to extinction. The number
of individuals left at the time of listing has been about 1000 for
animals and about 100 for plants. When they have gone this far,
recovery is very difficult, not guaranteed, and very expensive.
 Habitat Conservation Plans
Why should we save endangered species?
• Congress answered this question in the introduction to the
Endangered Species Act of 1973 (Act), recognizing that
endangered and threatened species of wildlife and plants “are
of esthetic, ecological, educational, historical,
recreational, and scientific value to the Nation and its
people.”
• After this finding, Congress said that the purposes of the Act
are “.. . to provide a means whereby the ecosystems upon
which endangered species and threatened species depend
may be conserved [and] to provide a program for the
conservation of such .. . species. . . .”
 What are HCPs?
• Habitat Conservation Plans (HCPs) under section 10(a)(1)(B) of the
Act provide for partnerships with non-Federal parties to conserve the
ecosystems upon which listed species depend, ultimately contributing
to their recovery.
• HCPs are planning documents required as part of an application
for an incidental take permit. They describe the anticipated effects of
the proposed taking; how those impacts will be minimized, or
mitigated; and how the HCP is to be funded.
• HCPs can apply to both listed and nonlisted species, including those
that are candidates or have been proposed for listing. Conserving
species before they are in danger of extinction or are likely to become
so can also provide early benefits and prevent the need for listing.
 What do Habitat Conservation Plans
do?

• In developing Habitat Conservation Plans, people applying for

incidental take permits describe measures designed to minimize and
mitigate the effects of their actions— to ensure that species will be
conserved and to contribute to their recovery. Habitat
conservation plans are required to meet the permit issuance
criteria of section 10(a)(2)(B) of the Act:
• (i) taking will be incidental;
• (ii) the applicant will, to the maximum extent practicable, minimize
and mitigate the impacts of the taking;
• (iii) the applicant will ensure that adequate funding for the plan will
be provided;
• (iv) taking will not appreciably reduce the likelihood of the survival
and recovery of the species in the wild; and
• (v) other measures, as required by the Secretary, will be met.
 What needs to be in HCPs?

Section 10 of the Act and its implementing regulations define the

contents of HCPs. They include:

• An assessment of impacts likely to result from the proposed taking

of one or more federally listed species.

• Measures that the permit applicant will undertake to monitor,

minimize, and mitigate for such impacts, the funding available to
implement such measures, and the procedures to deal with
unforeseen or extraordinary circumstances.

• Alternative actions to the taking that the applicant analyzed, and

the reasons why the applicant did not adopt such alternatives.
 What needs to be in HCPs?
HCPs are also required to comply with the Five Points Policy by including:

• 1. Biological goals and objectives, which define the expected biological

outcome for each species covered by the HCP;

• 2. Adaptive management, which includes methods for addressing

uncertainty and also monitoring and feedback to biological goals and

objectives;

• 3. Monitoring for compliance, effectiveness, and effects;

• 4. Permit duration which is determined by the time-span of the project

and designed to provide the time needed to achieve biological goals and

address biological uncertainty; and

• 5. Public participation according to the National Environmental Policy

Act.
 Role of ESA in Habitat Protection

• 1. Focusing on recovery, not just survival.

ESA improves the existing protections by clarifying approval standards.

Under the existing law, pesticide application, river damming, forest clear

cutting, and other habitat destruction are judged by their impact on the

SURVIVAL of imperiled wildlife.

• ESA requires that taxpayer-funded activities must not reduce the

likelihood of RECOVERY. In addition, ESA improves the chances for

recovery by identifying specific management actions and biological

criteria in recovery plans, placing deadlines on final recovery plans, and

encouraging federal agencies to take preventative measures before a

species becomes endangered.

 Role of ESA in Habitat Protection

• 2. Using the best available science to plan for recovery.

ESA strengthens the existing protections by relying on the best scientific

information available. ESA implements recommendations from the

National Academy of Sciences on improving the scientific basis of

important endangered species decisions.

• For unprotected species that means providing protection before

population numbers are too low to recover. For listed species that means

using independent scientists to peer review large-scale, multi-species

habitat conservation plans. It also means asking biologists, not

politicians, to tell us what it will take to recover and eventually delist an

imperiled species.
 Role of ESA in Habitat Protection
• 3. Requiring Federal Agencies To Act Responsibly.
ESA improves the existing protections by strengthening the
checks and balances on taxpayer-funded agencies. while
federal actions already undergo review to ensure minimal
impacts on endangered species, federal agencies should also
make efforts to further recovery or consider the cumulative
impacts of their actions. ESA requires federal agencies to
help plan for species recovery and then implement those
plans within their jurisdictions. ESA also requires agencies to
consider the impacts of their actions on imperiled species in
other nations.
 Role of ESA in Habitat Protection

• 4. Increasing citizen participation in community planning.

ESA would improve the existing protections by expanding
opportunities for public participation in managing their
communities. by requiring public notification when a federal
activity may impact wildlife in their neighborhoods, ESA
would improve the public's right to know. ESA would also
require balanced public participation in large-scale regional
habitat planning, as well as allow citizen enforcement when
their local plans go away.