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NLEB: Case of the misuse of the ESA
- 1. Overview of the Endangered Species Act (ESA) • Passed in 1973 • Threatened Species • any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. • Endangered Species • any species which is in danger of extinction throughout all or a significant portion of its range… 1
- 2. How The ESA Can Apply to Private Landowners ESA’s Definition of take: “to harass, harm, shoot, wound, kill, trap, capture or collect” an endangered species; or “to attempt to engage in any such conduct” 2
- 3. What is the “take away” from the prohibition on “taking” species under the ESA: • Applies to “any person” which includes: private landowners, corporations, and States; • Applies to intentional and negligent acts; • Applies to threatened and endangered species; • “Harming” species, includes habitat modification. 3
- 5. Northern Long Eared Bat An example of the misapplication of ESA An example of the misapplication of ESA
- 9. Guidelines do not cure WNS. •Restrictions on warm season timber harvesting from April to October •Seasonal limitations on activities within 5 mile radius of bat hibernacula, 1.5 mile radius roost tree, 3 miles where NLEB has been captured or acoustically detected. •Overly broad restrictions on forest management, such as direction to “retain and avoid impacting potential roost trees, which includes live or dead trees and snags equal to or greater than 3 inches diameter at breast height that have exfoliating bark, cracks, crevices or cavities.”
- 10. What can we do? •Forestry Products Industry Coalition of 53 organizations submitted comments on August 29 •Engage USF&W to use science and field data to support listings •Reform efforts to address misuse of ESA - Economic impact - Transparency of listings - Sue and Settle - Follow the Money
Editor's Notes
- To provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved… and signed into law by President Nixon. Strengthened to two federal attempts at species protection from the 1960’s Congressional Statement of Purpose “Species” [not specifically defined, but] “includes any subspecies of fish or wildlife or plants and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature.” Little practical difference between protections for Threatened and Endangered Species, more regulatory flexibility for Threatened Species.
- Whether or not a species has been “harmed” or “harassed” (absent dead or injured wildlife) can be a complicated legal and factual question.