The Endangered The Endangered

Species ActSpecies Act Noah’s Ark or Noah’s Ark or

Titanic?Titanic?

Craig Collins, Ph.D.Craig Collins, Ph.D.

Endangered Species & Endangered Species & BiodiversityBiodiversity

It is a common It is a common misconception that misconception that protecting protecting endangered species is endangered species is nothing more than nothing more than trying to protect cute trying to protect cute & cuddly, or & cuddly, or magnificent & exotic, magnificent & exotic, wildlife from wildlife from extinction.extinction.

NOT TRUE--NOT TRUE--It’s about It’s about preserving preserving

BIODIVERSITYBIODIVERSITY

What is BIODIVERSITY?What is BIODIVERSITY? Biodiversity is the Biodiversity is the

entire entire interdependent web interdependent web of life on Earth.of life on Earth.

The sum total of ALL The sum total of ALL living things on living things on Earth and the Earth and the interactions between interactions between them.them.

All of these life forms All of these life forms & their genetic basis & their genetic basis make up the dense, make up the dense, interwoven global life interwoven global life -support system we -support system we call the call the BiosphereBiosphere..

One One BiosphereBiosphere--Many --Many EcosystemsEcosystems

Earth’sEarth’s biosphere biosphere is is made up of many made up of many different kinds of different kinds of communities of communities of plants & animals plants & animals called called ecosystemsecosystems..

These various types These various types of ecosystems--from of ecosystems--from coral reefs & coral reefs & mangrove swamps, mangrove swamps, to grasslands & to grasslands & rainforests--provide rainforests--provide the wide range of the wide range of habitats that habitats that support the support the diversity of life on diversity of life on our planet.our planet.

Without Without BiodiversityBiodiversity

Humans Would Humans Would PerishPerish Biodiversity provides us Biodiversity provides us

with food, clothing, with food, clothing, medicine, shelter & medicine, shelter & even the air we breathe.even the air we breathe.

It regulates the climate, It regulates the climate, purifies our water, purifies our water, recycles our wastes, recycles our wastes, keeps our soil fertile & keeps our soil fertile & pollinates our crops.pollinates our crops.

It is the genetic It is the genetic storehouse for millions storehouse for millions of years of life’s of years of life’s evolution on Earth.evolution on Earth.

The Web of Life is The Web of Life is ShreddingShredding Our planet has Our planet has

already entered a already entered a SEVERE extinction SEVERE extinction crisis. crisis.

Biodiversity is being Biodiversity is being lost at a phenomenal lost at a phenomenal rate.rate.

Biologists believe this is Biologists believe this is the 6th major extinction the 6th major extinction crisis in Earth’s history.crisis in Earth’s history.

The meteor strike that The meteor strike that caused the last one caused the last one wiped out much of the wiped out much of the planet’s biodiversity, planet’s biodiversity, including the dinosaurs.including the dinosaurs.

Recovery took millions Recovery took millions of years…of years…

THE CURRENT THE CURRENT CRISIS MAY END CRISIS MAY END UP BEING EVEN UP BEING EVEN

WORSE.WORSE.

The Accelerating CrisisThe Accelerating Crisis In the 300 years between 1600 & 1900, humans In the 300 years between 1600 & 1900, humans

caused about 75 extinctions--about 1 species caused about 75 extinctions--about 1 species every 4 years.every 4 years.

By the mid-1970s human activity was causing By the mid-1970s human activity was causing around 100 extinctions per year.around 100 extinctions per year.

Today scientists estimate the extinction rate Today scientists estimate the extinction rate to be between 17,000 and 100,000 species to be between 17,000 and 100,000 species per year!per year!

About 50 percent of the planet's natural land About 50 percent of the planet's natural land habitats have been cleared for human use.habitats have been cleared for human use.

Humans now appropriate 40% of all plant energy Humans now appropriate 40% of all plant energy on land (25% of all terrestrial & aquatic).*on land (25% of all terrestrial & aquatic).*

At this pace, many biologists predict that At this pace, many biologists predict that over 50-65% of the planet’s species will over 50-65% of the planet’s species will vanish by 2100.vanish by 2100.

* * HUMAN APPROPRIATION of THE PRODUCTS of PHOTOSYNTHESIS, by Peter HUMAN APPROPRIATION of THE PRODUCTS of PHOTOSYNTHESIS, by Peter Vitousek, Paul R. Ehrlich, Anne H. Ehrlich & Pamela Matson (1986).Vitousek, Paul R. Ehrlich, Anne H. Ehrlich & Pamela Matson (1986).

The Soaring Rate of The Soaring Rate of ExtinctionExtinction

Each of the "Big Five" mass extinctions played out over Each of the "Big Five" mass extinctions played out over thousands of years, but the current mass extinction is likely to thousands of years, but the current mass extinction is likely to be concentrated within 200 years.be concentrated within 200 years.

Why Does it Matter?Why Does it Matter? Like a single rivet stripped Like a single rivet stripped

from an airplane, the loss of a from an airplane, the loss of a single species may present no single species may present no serious problem. But how serious problem. But how many rivets can a plane lose many rivets can a plane lose before it comes apart & before it comes apart & crashes?crashes?

The sheer volume & pace of The sheer volume & pace of the current extinction episode the current extinction episode moves the entire biosphere & moves the entire biosphere & all its ecosystems quickly all its ecosystems quickly toward the brink of collapse.toward the brink of collapse.

Can humans do without Can humans do without thriving forests, healthy thriving forests, healthy rivers & lakes, fertile rivers & lakes, fertile grasslands & abundant ocean grasslands & abundant ocean ecosystems?ecosystems?

What Are the Goals of What Are the Goals of the Endangered Species the Endangered Species

Act?Act? To Preserve the Biodiversity of the To Preserve the Biodiversity of the

U.S. & the World.U.S. & the World. To Recover ALL Species of Plants & To Recover ALL Species of Plants &

Animals Threatened with Animals Threatened with ExtinctionExtinction..

“…“…to provide a means to to provide a means to preserve the ecosystems in preserve the ecosystems in which endangered species which endangered species survive, to provide a program survive, to provide a program to conserve such species & to to conserve such species & to enter into appropriate enter into appropriate treaties for species protection treaties for species protection at the international level.” at the international level.”

- - the ESA the ESA (1973)(1973)

How Does the ESA Try to How Does the ESA Try to Recover Species Facing Recover Species Facing

Extinction?Extinction? The ESA’s 4 The ESA’s 4

Major Major Components:Components: Listing & Listing &

Habitat Habitat DesignationDesignation

Recovery Plans Recovery Plans The Jeopardy The Jeopardy

ProhibitionProhibition The Takings The Takings

ProhibitionProhibition

The Listing ProcessThe Listing Process No species of plant or animal--no matter No species of plant or animal--no matter

how near extinction--can come under how near extinction--can come under the protection of the ESA until it is the protection of the ESA until it is officially officially LISTEDLISTED as THREATENED or as THREATENED or ENDANGERED.*ENDANGERED.*

Listing is carried out under the Listing is carried out under the authority of the Secretary of the Interior authority of the Secretary of the Interior Department, the Fish & Wildlife Service, Department, the Fish & Wildlife Service, the Commerce Department & the the Commerce Department & the National Marine Fisheries Service.National Marine Fisheries Service.

**EndangeredEndangered:: In danger of In danger of extinction throughout all or a extinction throughout all or a significant portion of its habitat.significant portion of its habitat. **ThreatenedThreatened:: Soon to become Soon to become endangered.endangered.

Endangered California GnatcatcherEndangered California Gnatcatcher

The Listing LoopholeThe Listing Loophole ListingListing is an expensive, scientifically is an expensive, scientifically

rigorous & time consuming ordeal.rigorous & time consuming ordeal. It is constrained by scientific ignorance, It is constrained by scientific ignorance,

bureaucratic red tape, political pressure bureaucratic red tape, political pressure & budgetary shortfalls.& budgetary shortfalls.

Of the 6,500 to 165,000 species biologists Of the 6,500 to 165,000 species biologists estimate are threatened with extinction in estimate are threatened with extinction in the US---only 1,304 are officially listed.the US---only 1,304 are officially listed.

Therefore, at best, Therefore, at best, only 20% of our only 20% of our nation’s imperiled nation’s imperiled species receive any species receive any ESA protection at ESA protection at all.all.

Endangered San Francisco Garter Snake Endangered San Francisco Garter Snake devours devours

an endangered California Red-Legged Frogan endangered California Red-Legged Frog

Candidate SpeciesCandidate SpeciesThe ESA’s Emergency Room The ESA’s Emergency Room

Waiting ListWaiting List Of the 108 unlisted Of the 108 unlisted

species species knownknown to to have gone extinct have gone extinct since the ESA was since the ESA was enacted, 83 (77%) enacted, 83 (77%) went extinct after went extinct after languishing on the languishing on the candidate species candidate species list for many years.list for many years.

The average The average wait is 20 years!wait is 20 years!

Hawaii’s O’o--Extinct Before it was ListedHawaii’s O’o--Extinct Before it was Listed

Will They Disappear Before Being Will They Disappear Before Being Listed?Listed?

The Interior Dept. The Interior Dept. admits that 3,600 admits that 3,600 species that merit species that merit ESA protection are ESA protection are kept off the list by kept off the list by drawbacks in the drawbacks in the listing process.listing process.

At the current At the current listing rate, it listing rate, it would take about would take about 43 years to get all 43 years to get all candidate species candidate species listed. Many will listed. Many will surely go extinct surely go extinct while waiting.while waiting. The Goliath Grouper Awaits ListingThe Goliath Grouper Awaits Listing

Bush Eroded ESA Bush Eroded ESA ProtectionsProtections

• • Bush’s FWS chief Bush’s FWS chief (Jack Kempthorne) (Jack Kempthorne) refused to list any refused to list any species unless species unless forced by court forced by court order.order.

• • In a 2005 survey of In a 2005 survey of 1,400 FWS 1,400 FWS employees, 50% said employees, 50% said they had been they had been directed to ignore directed to ignore scientific evidence scientific evidence that would lead to that would lead to new listings. new listings.

Listing Listing ControversyControversy Bush senior listed 58 species per year (232 Bush senior listed 58 species per year (232

total).total). Clinton listed 65 per year (522 total).Clinton listed 65 per year (522 total). Bush II listed 8 per year (62 total).Bush II listed 8 per year (62 total). Obama has listed 29 per year (58 total by Feb. Obama has listed 29 per year (58 total by Feb.

2011).2011).

In California, battles rage over listing In California, battles rage over listing the Delta Smelt & Coho Salmon:the Delta Smelt & Coho Salmon:Pika turned downPika turned down

• • Environmentalists & the Environmentalists & the fishing fishing industry industry support listing.support listing.• • Agri-business opposed.Agri-business opposed.

*65% losses due to massive *65% losses due to massive water pumping from the water pumping from the delta (5 of 6 fish don’t delta (5 of 6 fish don’t survive the pumps)survive the pumps)

Tracy Pumping StationTracy Pumping Station

Listed Species by State Listed Species by State (2005)(2005)

The Critical Habitat The Critical Habitat LoopholeLoophole The ESA requires listed The ESA requires listed

species to be designated species to be designated a a Critical HabitatCritical Habitat..

Critical habitat is Critical habitat is essential to the survival essential to the survival & recovery of an & recovery of an imperiled species.imperiled species.

But the Secretary may But the Secretary may take economic take economic considerations into considerations into account when account when designating critical designating critical habitat & may even habitat & may even avoid designation under avoid designation under certain conditions.*certain conditions.*

* The “* The “not prudentnot prudent” & “” & “not not determinabledeterminable” exceptions.” exceptions.

Critical Habitat--Critical Critical Habitat--Critical ConditionCondition

The Department’s own data The Department’s own data confirm that species with confirm that species with critical habitat designations critical habitat designations are twice as likely to are twice as likely to successfully recover.successfully recover.

Yet, despite the requirement Yet, despite the requirement for critical habitat under the for critical habitat under the law, the law, the DoI has used the DoI has used the “not prudent”“not prudent” & & “not “not determinable”determinable” exceptions to exceptions to block 88% of all critical block 88% of all critical habitat designationshabitat designations..

The Bush adm. cut back The Bush adm. cut back critical habitat designations critical habitat designations almost entirely (there were almost entirely (there were a few court ordered a few court ordered exceptions).exceptions).

The Ferruginous Hawk: A Candidate The Ferruginous Hawk: A Candidate Species Whose Habitat is ShrinkingSpecies Whose Habitat is Shrinking

Recovery PlansRecovery Plans ESA requires the FWS or NMFS to ESA requires the FWS or NMFS to

develop develop Recovery PlansRecovery Plans for all listed for all listed species. These plans should include:species. These plans should include:(1) a detailed description of the species’ (1) a detailed description of the species’

current situation.current situation.

(2) a recovery threshold & benchmarks for (2) a recovery threshold & benchmarks for indicating when this threshold has been indicating when this threshold has been achieved.achieved.

(3) an implementation schedule of tasks & (3) an implementation schedule of tasks & projects necessary to ensure recovery.projects necessary to ensure recovery.

(4) a method for assessing the (4) a method for assessing the effectiveness of the recovery plan. effectiveness of the recovery plan.

Recovery Plans That Don’t Recovery Plans That Don’t RecoverRecover

Often, FWS & NMFS Often, FWS & NMFS Recovery Plans set Recovery Plans set target population sizes target population sizes at or below what existed at or below what existed in the wild when the in the wild when the species was first listed as species was first listed as endangered.endangered.

Because of this, 28-37% of Because of this, 28-37% of the species with Recovery the species with Recovery Plans are actually being Plans are actually being “managed for “managed for extinction”.*extinction”.*

*”Status & Prospects for Success of the *”Status & Prospects for Success of the ESA: A Look at Recovery Plans,”ESA: A Look at Recovery Plans,” Tear, Tear, Scott, et.al Scott, et.al SCIENCESCIENCE (Nov., 1993): 976-7. (Nov., 1993): 976-7.

The Red Cockaded Woodpecker’s The Red Cockaded Woodpecker’s Limited “Recovery Plan” Keeps it Limited “Recovery Plan” Keeps it

Poised Near Extinction.Poised Near Extinction.

Recovery Without Recovery Without Habitat?Habitat?

40% of all listed species still languish 40% of all listed species still languish without any Recovery Plan.without any Recovery Plan.

The responsible agencies have used The responsible agencies have used loopholes* to sidestep recovery plans for loopholes* to sidestep recovery plans for about 500 of the 1,304 listed species.about 500 of the 1,304 listed species.

Even the Recovery Plans in place are Even the Recovery Plans in place are often weak, too vague to be useful & often weak, too vague to be useful & frequently ignored by other government frequently ignored by other government agencies. agencies.

*The “no deadline” & “ineffective” loopholes.

The Jeopardy & Takings The Jeopardy & Takings ProhibitionsProhibitions

Section 7 protects listed species from Section 7 protects listed species from the actions of the actions of government agenciesgovernment agencies..

Section 9 protects listed species from Section 9 protects listed species from the harmful acts of the harmful acts of people in generalpeople in general..

Sections 7 & 9--the Sections 7 & 9--the jeopardy & takings jeopardy & takings prohibitions--were prohibitions--were crafted to prevent the crafted to prevent the further attrition of further attrition of endangered species, endangered species, NOT recovery.NOT recovery.

The Jeopardy ProhibitionThe Jeopardy Prohibition Section 7 requires Section 7 requires federal agenciesfederal agencies

to ensure that their actions don’t to ensure that their actions don’t jeopardize listed species.jeopardize listed species.

Agencies must check with the FWS or Agencies must check with the FWS or NMFS before initiating any NMFS before initiating any potentially harmful action.potentially harmful action.

If they are told it “may affect” a listed If they are told it “may affect” a listed species, they must consult with the species, they must consult with the agency who will suggest a agency who will suggest a “reasonable & prudent” alternative.“reasonable & prudent” alternative.

Though this process can be effective Though this process can be effective it is weakened by the lack of critical it is weakened by the lack of critical habitat designations for most species.habitat designations for most species.

Section 7: A Roadblock to Section 7: A Roadblock to Government Programs?Government Programs?

Of the 1,869 consultations undertaken Of the 1,869 consultations undertaken in the 5 year period studied, 181 in the 5 year period studied, 181 resulted in a resulted in a jeopardy opinionjeopardy opinion. (about . (about 1%)1%)

In 158 of these 181 cases, a In 158 of these 181 cases, a reasonable & prudent alternative was reasonable & prudent alternative was found.found.

Thus, section 7 prevented .03% of all Thus, section 7 prevented .03% of all proposed federal actions during that proposed federal actions during that period.period.

*A longer study showed 1 in 3,500 govt. *A longer study showed 1 in 3,500 govt. actions were prevented by section 7.actions were prevented by section 7.

Bush & Bush & ObamaObama

Through executive Through executive order, the Bush order, the Bush adm. exempted adm. exempted agencies from the agencies from the ESA’s section 7 ESA’s section 7 consultation consultation process.process.

Obama restored Obama restored this requirement.this requirement.

Sec. 9--The Takings Sec. 9--The Takings ProhibitionProhibition Prohibits Prohibits any personany person (on state, federal or private (on state, federal or private

land) from harassing, harming, killing, capturing or land) from harassing, harming, killing, capturing or collecting a listed species. (This has mainly been collecting a listed species. (This has mainly been applied to animals.)applied to animals.)

There a 2 major exemptions:There a 2 major exemptions:1) Govt. agencies can 1) Govt. agencies can be granted an be granted an Incidental Take Incidental Take StatementStatement through through sec. 7 consultations.sec. 7 consultations.2) Anyone may secure 2) Anyone may secure an an Incidental Take Incidental Take PermitPermit by filing a by filing a “Habitat Conservation “Habitat Conservation Plan”Plan” approved by the approved by the agency in charge of agency in charge of that specie’s that specie’s protection.protection.

Tejon Mountain Village was given an Tejon Mountain Village was given an incidental take permitincidental take permit to build a luxury-home to build a luxury-home

real estate development in the heart of real estate development in the heart of designated critical California Condor habitat.designated critical California Condor habitat.

ESA: The Sinking ArkESA: The Sinking Ark of Biodiversity of Biodiversity

The ESA’s primary goal is clear: The ESA’s primary goal is clear: RECOVERYRECOVERY of all species threatened with of all species threatened with

extinction.extinction.

So, has the ESA succeeded or failed?So, has the ESA succeeded or failed? The law’s first failure is the listing The law’s first failure is the listing

process, which excludes over 80% process, which excludes over 80% of all the nation’s imperiled of all the nation’s imperiled species from any legal protections.species from any legal protections.

But has the ESA helped its But has the ESA helped its listedlisted species to recover? species to recover?

The ESA’s Recovery The ESA’s Recovery RateRate

Since 1973 (40 yrs.), Since 1973 (40 yrs.), only 22 species have only 22 species have recovered out of about recovered out of about 1,374 species 1,374 species protected by the ESA.protected by the ESA.

This is approximately a This is approximately a 1.6% rate of recovery!1.6% rate of recovery!

10% of all 10% of all listedlisted species species are considered to be are considered to be improving; 30% are improving; 30% are considered stable; and considered stable; and 60% continue to slip 60% continue to slip toward extinction.toward extinction.

The Wood Stork: One of the Few The Wood Stork: One of the Few Improving SpeciesImproving Species

Chart Update: Total Species ProtectedChart Update: Total Species Protected (1, 374)(1, 374)Species RecoveredSpecies Recovered (22 = 1.6%)(22 = 1.6%)

The ESA's Recovery Rate

Total Species Protected(1,304)

Species Recovered (12)

The ESA's Emergency Room

Recovered Species (12)

Declining Species (782)

Stabalized Species (391)

Improving Species (13)

Went Extinct (23)

In Blunt Terms…In Blunt Terms… Since 1973, the ESA has saved Since 1973, the ESA has saved

22 species in its 39-year 22 species in its 39-year history.history.

During the same period, the During the same period, the rate of extinction has shot rate of extinction has shot from 100 to 50,000 species a from 100 to 50,000 species a year.year.

Human activities like Human activities like urbanization, clear-cutting & urbanization, clear-cutting & deforestation, road & dam deforestation, road & dam building, the expansion of building, the expansion of agriculture & grazing, mining, agriculture & grazing, mining, oil drilling, over-fishing & oil drilling, over-fishing & marine pollution, climate marine pollution, climate change & the poaching, change & the poaching, harvesting & hunting of wild harvesting & hunting of wild species for food, sport & profit species for food, sport & profit all continue to decimate the all continue to decimate the web of life we depend on for web of life we depend on for our survival.our survival.

Wasted “By-Catch” Discarded Wasted “By-Catch” Discarded After High Value “Target Species” After High Value “Target Species”

Are RemovedAre Removed

What to Do?What to Do? Most Most

Republicans Republicans think the ESA is think the ESA is too burdensome too burdensome to the economy & to the economy & should be should be weakened or weakened or repealed.repealed.

Most Democrats Most Democrats want to preserve want to preserve the ESA & some the ESA & some even want to even want to strengthen it strengthen it a a bit.bit.

What Do You Think?What Do You Think?