History of Endangered Species Legislation in the United States

1. History of Endangered Species Legislation in the United States 1966- Endangered Species Preservation Act Allowed limited listing of Endangered animals Only provided for “limited protection”, e.g. no teeth But, it did have a provision for land acquisition for the preservation of Endangered animals habitats.

2. History of Endangered Species Legislation in the United States 1969- Endangered Species Conservation Act Provided additional protection to species in danger of "worldwide extinction". Import of such species was prohibited, as was their subsequent sale within the U.S. This Act called for an international ministerial meeting to adopt a convention on the conservation of endangered species.

3. History of Endangered Species Legislation in the United States 1973- Endangered Species Act Re-authorized several times, the most recent being 1996 Added protection to plants and invertebrate animals, as in CITES. 1991- National Research Council Report** 1996- Ecological Society of America Report**

4. Peregrine Falcon (Falco peregrinus) Key provisions of the Endangered Species Act a. “Endangered” classification- populations in imminent danger of extinction. b. “Threatened” classification- likely to become endangered without intervention c. Creation of “Recovery Teams” d. Designation of “Critical Habitat”

5. What land/projects are protected under the Endangered Species Act? The Federal “nexus” 1. Projects that take place on Federal land or use Federal Money 2. Or on private land, state or locally owned land, but requires a Federal Permit

6. Two Provisions of Recent Re-authorizations 1. Designation of “Category Two Species”

7. “Category Two Species” such as the Cerulean Warbler

8. Three Provisions of Recent Re-authorizations 1. Designation of “Category Two Species” 2. Authorization of “Incidental Take”

9. Two definitions of the term “take” Direct harm of an individual member of a listed species Intentional direct harm of an individual member of a listed species Northern Spotted Owl In Babbitt vs Sweet Home (1995), the Supreme Court ruled that “take” includes habitat alteration.

10. Concept of an “Incidental Take Permit” Defined as take that is “incidental to, and not the purpose of, carrying out an otherwise legal act” Development of a Habitat Conservation Plan or HCP Red-Cockaded Woodpecker (Dryocopus borealis)

11. Sweet Home Ranger District, Willamette National Forest Oregon (lost $30M in 1998) 1980 - 1990 sold an average of 86 MMBF 1991 - sold 44 MMBF 1992 - sold 4 MMBF 1993 - sold 0.1 MMBF 1994 - sold 1.2 MMBF 1995 - sold 9.3 MMBF 1996 - sold 10.3 MMBF 1997 - sold 12.5 MMBF 2002 – put 22.5 MMBF up for bid

12. The shiny brass steam whistle once blew shift changes at the Willamette Sweet Home mill. It's now in the East Linn museum.

14. Coastal Sage Scrub Habitat of Southern California

15. Common in the coastal sage scrub community of Southern California and northwestern Baja California, Mexico Abundant in central and southern Baja California California Gnatcatcher

18. Linking of Coastal Sage Scrub Habitats near Carlsbad California “California Natural Communities Conservation Planning Act”

19. Three Provisions of Recent Re-authorizations 1. Designation of “Category Two Species” 2. Authorization of “Incidental Take” 3. Creation of the Endangered Species Committee aka the “God Squad”

20. Baker-Culver Amendment of 1978 The Endangered Species Committee (aka the God Squad) The Secretary of Agriculture The Secretary of the Army The Secretary of the Interior Head of the Council of Economic Advisors Administrator of the EPA Administrator of the National Oceanic and Atmospheric Administration A representative from the governors of each affected state

21. The Snail Darter Percina tanasi

22. Tellico DamBuilt by the Army Corps of Engineersunder the Tennessee Valley Authority

23. Tellico Reservoir The Tellico Dam serves to divert water through a short canal into Fort Loudoun, linking the two reservoirs in their joint functions of flood control (principally at Chattanooga), power production, and improved navigation. The canal also allows barges to enter the Little Tennessee River without a lock, thus significantly increasing commercial barge operations in the Valley. Several recreation areas, which include boat ramps, day-use areas, fishing areas, and campgrounds, are available at Tellico.

24. Key provisions of the “God Squad’s” Exemption to Section 7 of the ESA 1. there must be no reasonable alternative to the agencies action 2. the benefits of the action must outweigh the benefits of an alternative action where the speciesis conserved 3. the action is of regional or national importance 4. neither the federal agency or the exemption applicant made irreversible commitment to the resources 5. mitigation efforts must be taken in order to reduce the negative effects on the endangered species

25. The Snail Darter Issue The Snail darter was the first species to cause the committee to meet. But, due to the dam’s apparent lack of economic feasibility, the committee ruled in favor of the snail darter….yikes Not to be outdone, congress attached a rider to the 1979 Appropriations bill that specifically exempted the snail darter from protection under section 7 of the ESA President Carter, the peanut farmer from Georgia, signed the bill. They closed the dam and flooded the darter’s habitat

26. Afterward The snail darter has been found in other streams and was delisted in 1980

27. In principle, the Endangered Species Act has two stages for action 1. Scientists examine a species to determine whether it should be added to “The List” 2. Once on the list, government agencies design and enact a program to conserve the species But….

28. 1995- National Research Council Report 1. ESA listings should be “Evolutionary Units” - a population genetically isolated from other such units and having a shared evolutionary history and unique biological characteristics. 2. Concept of “Survival Habitat” which is defined at the time of listing. The habitat necessary to support the listed population

29. 1996 Ecological Society of America Report Priority for listing given to species 1. whose protection would also benefit many other species, so-called “Umbrella Species”

30. 2. Most immediately in need Whooping Crane- populations dropped to as few as 21 individuals in the wild, now recovering Java Tiger- down to 5 individuals in the wild

31. 3. Those that are taxonomically unique Desert Tortoise

32. Criticisms of the Endangered Species Act Concept of focusing on a single species rather than an entire system Reactive rather than proactive Lack of defined thresholds for determining if a species is Threatened or Endangered Doesn’t protect enough habitat for long term stability of the species Ignores the “patchy” distribution of listed species Cost and the inherent value of non-human life What is “private property?”

33. The First Conservationist