Endangered Species Act and Biosolids

1. Endangered Species Act and Biosolids Mark Sattelberg U.S. Fish and Wildlife Service June 7, 2006

2. Objectives ESA Basics Why Save Endangered Species How ESA Works With Landowners -Permits And Agreements What Does Any Of This Have To Do With Biosolids

3. ESA Definitions Endangered � species is in danger of extinction throughout all or a significant portion of its range Threatened � species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range As of May 2006, 1868 species are listed worldwide, 1300 occur in the U.S.

4. Candidate Species Species for which there is enough information to warrant proposing them for listing but that have not yet been proposed because of higher listing priorities.

5. Critical Habitat A specific geographic area(s) that contains features essential for the conservation of a threatened or endangered species and that may require special management and protection. Area may not be occupied, but will be needed for its recovery.

6. ESA Basics Listing Species Recovery Federal Activities Working With States Working With Landowners International Species - CITES

7. Listing Damage to, or destruction of, a species� habitat Overuse of the species for commercial, recreational, scientific, or educational purposes Disease or predation Inadequacy of existing protection Other natural or human-related threats to the species survival

8. Protection ESA protects listed species and their habitats by prohibiting the �take� of listed animals and the interstate or international trade in listed plants and animals. Take - to harass, harm, pursue, hunt, shoot, wound, kill trap, capture, or collect or attempt to engage in any such conduct. (Listed plants are not protected against take, unless they are on federal lands.) Harm � an act which actually kills or injures wildlife, Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.

9. Recovery ESA�s ultimate goal is to �recover� species so they no longer need protection. Recovery Plans describe steps needed to restore a species to ecological health.

10. Federal Activities ESA requires federal agencies to use their authorities to promote the conservation purposes of the law. Requires federal agencies to consult, to ensure that actions they authorize, fund, or carry out will not jeopardize listed species.

11. Working With States ESA encourages each state to develop and maintain conservation programs for resident federally-listed threatened and endangered species. States may have their own state-listed species as well.

12. Working With Landowners 2/3 of all federally listed species have at least some habitat on privately owned land Array of tools and incentives to protect private landowner�s interests while encouraging them to manage their lands to benefit listed and at-risk species

13. International Species Implements U.S. participation in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Agreement of 169 nations to prevent species from becoming endangered or extinct due to international trade.

14. Why Save Endangered Species Congress, in the preamble of the law, recognized T&E species �are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people.� Although extinctions occur naturally, scientific evidence strongly indicates that the current rate of extinction is much higher than that of natural or background rate of the past. This is driven mostly by loss of habitat, but also includes over-exploitation, introduction of exotic species, pollution, and diseases.

15. Why Save Endangered Species ESA, in the U.S., has been successful in preventing extinction for 99 percent of the listed species. However, species loss on a global scale continues to increase due to environmental effects of human activities. Since 1620, more than 500 species, subspecies, and varieties of plants and animals have become extinct in the U.S.

16. Why Save Endangered Species Benefits of Natural Diversity Contributions to Medicine Biodiversity and Agriculture Environmental Monitors Ecosystem Services Other Economic Values Intangible Values

17. Why Save Endangered Species Benefits of Natural Diversity - Over 1.7 million organisms have been classified, however estimates show that there may be 10 to 50 million species on the planet. All of these species have connections to other species. No one knows how the extinction of organisms will affect other members of an ecosystem, but the removal of a single species can set off a chain reaction affecting many others.

18. Why Save Endangered Species Contributions to Medicine � Each living thing contains a unique reservoir of genetic material. This material cannot be retrieved or duplicated if lost. No matter how small or obscure a species, it could be of direct importance to us all. A fungus gave us penicillin Plants have yielded substances used in drugs for heart disease, cancer, and other illnesses Over a quarter of prescriptions written annually contain chemicals discovered in plants and animals

19. Why Save Endangered Species Biodiversity and Agriculture � Seemingly insignificant forms of life are beginning to show important benefits for agriculture � Biological controls. New useful plants for food sources � fewer than 20 plants produce 90 percent of the world�s food, even though almost 80,000 species of edible plants.

20. Why Save Endangered Species Environmental Monitors � Indicators of environmental quality Bald eagles and DDT Lichens and air pollutants Mussels and water quality

21. Why Save Endangered Species Ecosystem Services � Fundamental life-support services provided by our environment Air and water purification, detoxification and decomposition of wastes, climate regulation, regeneration of soil fertility, and the production and maintenance of biological diversity These are key ingredients of our agricultural, pharmaceutical, and industrial enterprises � estimated to be worth trillions of dollars annually Because they are not traded in economic markets, they are only noticed when they decline or fail

22. Why Save Endangered Species Other Economic Values � Some benefits of animals and plants can be quantified Birding is one of the fastest growing outdoor recreational activities � birders pump $400 million per year into the Texas economy � Arkansas is reaping the benefits of the Ivory-billed woodpecker sighting. Wildlife watching generated $85 billion in economic benefits to the nation in 2001

23. Why Save Endangered Species Intangible Values � If species are a benefit to mankind, should we care if they disappear? Do we have the right to cause a species extinction? Would our descendants forgive us for exterminating a unique form of life? Some believe that living thing has an intrinsic value and the loss of a species is not only shortsighted but wrong, especially since extinct species can never be replaced.

24. Tools for Working with Landowners Safe Harbor Policy Candidate Conservation Agreements with Assurances Policy Habitat Conservation Planning with No Surprises Policy Private Stewardship Program (Grants) Cooperative Endangered Species Conservation Fund (State Funding)

25. Safe Harbor Policy Encourages voluntary management for listed species to promote recovery on non-federal lands by giving assurances to the landowners that no additional future regulatory restrictions will be imposed FWS will issue an �enhancement of survival� permit to authorize any necessary future incidental take to provide landowner with assurance that no additional restrictions will be imposed as a result of the conservation actions.

26. Safe Harbor Policy FWS must make a written finding that the species will receive a �net conservation benefit� from the action May take 3 to 7 months to complete agreement Agreements can be renewed if the landowner wishes or transferred if the property is sold or given away

27. Candidate Conservation Agreement with Assurances Policy Provides incentives for non-federal property owners to conserve candidate species, thus potentially making listing unnecessary Landowner works on plans to conserve candidate species, in return, landowner gets assurance that if the species is listed, they will not be required to do anything beyond what is in the CCA and they will receive an incidental take permit if needed.

28. Habitat Conservation Planningwith No Surprises Policy Allows private landowners to develop land supporting listed species provided they undertake conservation measures No Surprises Policy assures participating landowners that they will incur no additional mitigation requirements beyond those they agreed to in their HCP, even if circumstances change.

29. Habitat Conservation Planningwith No Surprises Policy A habitat conservation plan (HCP) must accompany an application for an incidental take permit HCP is to ensure there is adequate minimizing and mitigating of the effects of the authorized incidental take Permit is to authorize the incidental take, not the activities that result in take

30. Habitat Conservation Planningwith No Surprises Policy The FWS can help determine if project is likely to result in take, if an HCP is an option, and if there are other ways to avoid take. Permit allows landowner to legally proceed with an activity that would otherwise result in take. May take 3 to 12 months to get permit

31. Habitat Conservation Planningwith No Surprises Policy No Surprises Assurance � landowners are assured that if �unforeseen circumstances� arise, the FWS will not require the commitment of additional land, water, or financial compensation or additional restriction on the use of land, water or other natural resources beyond what was agreed to in the HCP, without the consent of the permittee.

32. Private Stewardship Program Provides grants and other assistance on a competitive basis to individuals an groups engaged in local, private, and voluntary conservation efforts that benefit federally listed, proposed, or candidate species, or other at-risk species ($10 M/yr)

33. Cooperative Endangered Species Conservation Fund Funding to States to participate in a wide range of conservation projects on non-federal lands for candidate, proposed and listed species. ($80 M/yr) State must contribute 25% of the estimated cost of the project

34. What does this have to do with Biosolids? When applying biosolids, you may be in critical habitat, in an area that may harbor T&E species, or upgradient of T&E habitat. However, at the same time, you may be enhancing the native habitat, therefore there is a net benefit for the T&E species.

35. What does this have to do with Biosolids? mountain-prairie.fws.gov/endspp/ name_county_search.htm ESA is not the only �wildlife� law to know Migratory Bird Treaty Act Bald and Golden Eagle Protection Act Also be aware that there may be questions of contaminants (metals, pharmaceuticals, endocrine disruptors)

36. Overall Conclusion Work with the FWS office in your state to make sure that you are compliant with ESA and other wildlife laws Push the net benefits of application of biosolids