A critical looks at the Endangered Species Act & it's inability to prevent the rapid decline of biodiversity.

1. The Endangered Species ActThe Endangered Species Act
Noah’s Ark or Titanic?Noah’s Ark or Titanic?
Craig Collins, Ph.D.Craig Collins, Ph.D.

2. Endangered Species & BiodiversityEndangered Species & Biodiversity
 It is a commonIt is a common
misconception thatmisconception that
protecting endangeredprotecting endangered
species is nothing morespecies is nothing more
than trying to protectthan trying to protect
cute & cuddly, orcute & cuddly, or
magnificent & exotic,magnificent & exotic,
wildlife from extinction.wildlife from extinction.
 NOT TRUE--NOT TRUE--It’s aboutIt’s about
preservingpreserving
BIODIVERSITYBIODIVERSITY

3. What is BIODIVERSITY?What is BIODIVERSITY?
 Biodiversity is theBiodiversity is the
entire interdependententire interdependent
web of life on Earth.web of life on Earth.
 The sum total of ALLThe sum total of ALL
living things on Earthliving things on Earth
and the interactionsand the interactions
between them.between them.
 All of these life formsAll of these life forms
& their genetic basis& their genetic basis
make up the dense,make up the dense,
interwoven global lifeinterwoven global life
-support system we call-support system we call
thethe BiosphereBiosphere..

4. OneOne BiosphereBiosphere--Many--Many EcosystemsEcosystems
 Earth’sEarth’s biospherebiosphere isis
made up of manymade up of many
different kinds ofdifferent kinds of
communities ofcommunities of
plants & animalsplants & animals
calledcalled ecosystemsecosystems..
 These various typesThese various types
of ecosystems--fromof ecosystems--from
coral reefs &coral reefs &
mangrove swamps,mangrove swamps,
to grasslands &to grasslands &
rainforests--providerainforests--provide
the wide range ofthe wide range of
habitats that supporthabitats that support
the diversity of lifethe diversity of life
on our planet.on our planet.

5. Without BiodiversityWithout Biodiversity
Humans Would PerishHumans Would Perish
 Biodiversity provides usBiodiversity provides us
with food, clothing,with food, clothing,
medicine, shelter & evenmedicine, shelter & even
the air we breathe.the air we breathe.
 It regulates the climate,It regulates the climate,
purifies our water,purifies our water,
recycles our wastes, keepsrecycles our wastes, keeps
our soil fertile &our soil fertile &
pollinates our crops.pollinates our crops.
 It is the genetic storehouseIt is the genetic storehouse
for millions of years offor millions of years of
life’s evolution on Earth.life’s evolution on Earth.

6. The Web of Life is ShreddingThe Web of Life is Shredding
 Our planet has alreadyOur planet has already
entered a SEVEREentered a SEVERE
extinction crisis.extinction crisis.
 Biodiversity is being lostBiodiversity is being lost
at a phenomenal rate.at a phenomenal rate.
 Biologists believe this isBiologists believe this is
the 6th major extinctionthe 6th major extinction
crisis in Earth’s history.crisis in Earth’s history.
 The meteor strike thatThe meteor strike that
caused the last one wipedcaused the last one wiped
out much of the planet’sout much of the planet’s
biodiversity, includingbiodiversity, including
the dinosaurs.the dinosaurs.
 Recovery took millionsRecovery took millions
of years…of years…
THE CURRENT CRISISTHE CURRENT CRISIS
MAY END UP BEINGMAY END UP BEING
EVEN WORSE.EVEN WORSE.

7. The Accelerating CrisisThe Accelerating Crisis
 In the 300 years between 1600 & 1900, humansIn the 300 years between 1600 & 1900, humans
caused about 75 extinctions--about 1 species every 4caused about 75 extinctions--about 1 species every 4
years.years.
 By the mid-1970s human activity was causing aroundBy the mid-1970s human activity was causing around
100 extinctions per year.100 extinctions per year.
 Today scientists estimate the extinction rate to beToday scientists estimate the extinction rate to be
between 17,000 and 100,000 species per year!between 17,000 and 100,000 species per year!
 About 50 percent of the planet's natural landAbout 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 onHumans now appropriate 40% of all plant energy on
land (25% of all terrestrial & aquatic).*land (25% of all terrestrial & aquatic).*
 At this pace, many biologists predict that over 50-At this pace, many biologists predict that over 50-
65% of the planet’s species will vanish by 2100.65% of the planet’s species will vanish by 2100.
** HUMAN APPROPRIATION of THE PRODUCTS of PHOTOSYNTHESIS, by Peter Vitousek, Paul R.HUMAN APPROPRIATION of THE PRODUCTS of PHOTOSYNTHESIS, by Peter Vitousek, Paul R.
Ehrlich, Anne H. Ehrlich & Pamela Matson (1986).Ehrlich, Anne H. Ehrlich & Pamela Matson (1986).

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

9. Why Does it Matter?Why Does it Matter?
 Like a single rivet stripped fromLike a single rivet stripped from
an airplane, the loss of a singlean airplane, the loss of a single
species may present no seriousspecies may present no serious
problem. But how many rivetsproblem. But how many rivets
can a plane lose before it comescan a plane lose before it comes
apart & crashes?apart & crashes?
 The sheer volume & pace of theThe sheer volume & pace of the
current extinction episodecurrent extinction episode
moves the entire biosphere &moves the entire biosphere &
all its ecosystems quicklyall its ecosystems quickly
toward the brink of collapse.toward the brink of collapse.
 Can humans do withoutCan humans do without
thriving forests, healthy riversthriving forests, healthy rivers
& lakes, fertile grasslands && lakes, fertile grasslands &
abundant ocean ecosystems?abundant ocean ecosystems?

10. What Are the Goals of theWhat Are the Goals of the
Endangered Species Act?Endangered Species Act?
 To Preserve the Biodiversity of the U.S.To Preserve the Biodiversity of the U.S.
& the World.& the World.
 To Recover ALL Species of Plants &To Recover ALL Species of Plants &
Animals Threatened with ExtinctionAnimals Threatened with Extinction..
“…“…to provide a means to preserve theto provide a means to preserve the
ecosystems in which endangeredecosystems in which endangered
species survive, to provide a programspecies survive, to provide a program
to conserve such species & to enterto conserve such species & to enter
into appropriate treaties for speciesinto appropriate treaties for species
protection at the international level.”protection at the international level.”
-- the ESA (1973)the ESA (1973)

11. How Does the ESA Try to RecoverHow Does the ESA Try to Recover
Species Facing Extinction?Species Facing Extinction?
 The ESA’s 4 MajorThe ESA’s 4 Major
Components:Components:
 Listing & HabitatListing & Habitat
DesignationDesignation
 Recovery PlansRecovery Plans
 The JeopardyThe Jeopardy
ProhibitionProhibition
 The TakingsThe Takings
ProhibitionProhibition

12. The Listing ProcessThe Listing Process
 No species of plant or animal--no matter howNo species of plant or animal--no matter how
near extinction--can come under the protectionnear extinction--can come under the protection
of the ESA until it is officiallyof the ESA until it is officially LISTEDLISTED asas
THREATENED or ENDANGERED.*THREATENED or ENDANGERED.*
 Listing is carried out under the authority ofListing is carried out under the authority of
the Secretary of the Interior Department, thethe Secretary of the Interior Department, the
Fish & Wildlife Service, the CommerceFish & Wildlife Service, the Commerce
Department & the National Marine FisheriesDepartment & the National Marine Fisheries
Service.Service.
**EndangeredEndangered:: In danger of extinctionIn danger of extinction
throughout all or a significant portion ofthroughout all or a significant portion of
its habitat.its habitat.
**ThreatenedThreatened:: Soon to become endangered.Soon to become endangered.
Endangered California GnatcatcherEndangered California Gnatcatcher

13. The Listing LoopholeThe Listing Loophole
 ListingListing is an expensive, scientifically rigorous &is an expensive, scientifically rigorous &
time consuming ordeal.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 estimateOf the 6,500 to 165,000 species biologists estimate
are threatened with extinction in the US---onlyare threatened with extinction in the US---only
1,304 are officially listed.1,304 are officially listed.
Therefore, at best, onlyTherefore, at best, only
20% of our nation’s20% of our nation’s
imperiled species receiveimperiled species receive
any ESA protection atany ESA protection at
all.all.
Endangered San Francisco Garter SnakeEndangered San Francisco Garter Snake
devoursdevours
an endangered California Red-Legged Frogan endangered California Red-Legged Frog

14. Candidate SpeciesCandidate Species
The ESA’s Emergency Room Waiting ListThe ESA’s Emergency Room Waiting List
 Of the 108 unlistedOf the 108 unlisted
speciesspecies knownknown to haveto have
gone extinct since thegone extinct since the
ESA was enacted, 83ESA was enacted, 83
(77%) went extinct(77%) went extinct
after languishing onafter languishing on
the candidate speciesthe candidate species
list for many years.list for many years.
 The average wait isThe average wait is
20 years!20 years!
Hawaii’s O’o--Extinct Before it was ListedHawaii’s O’o--Extinct Before it was Listed

15. Will They Disappear Before Being Listed?Will They Disappear Before Being Listed?
 The Interior Dept.The Interior Dept.
admits that 3,600admits that 3,600
species that merit ESAspecies that merit ESA
protection are kept offprotection are kept off
the list by drawbacksthe list by drawbacks
in the listing process.in the listing process.
 At the current listingAt the current listing
rate, it would takerate, it would take
about 43 years to getabout 43 years to get
all candidate speciesall candidate species
listed. Many willlisted. Many will
surely go extinct whilesurely go extinct while
waiting.waiting.
The Goliath Grouper Awaits ListingThe Goliath Grouper Awaits Listing

16. Bush Eroded ESA ProtectionsBush Eroded ESA Protections
•• Bush’s FWS chiefBush’s FWS chief
(Jack Kempthorne)(Jack Kempthorne)
refused to list anyrefused to list any
species unless forcedspecies unless forced
by court order.by court order.
•• In a 2005 survey ofIn a 2005 survey of
1,400 FWS employees,1,400 FWS employees,
50% said they had50% said they had
been directed tobeen directed to
ignore scientificignore scientific
evidence that wouldevidence that would
lead to new listings.lead to new listings.

17. Listing ControversyListing Controversy
 Bush senior listed 58 species per year (232 total).Bush senior listed 58 species per year (232 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. 2011).Obama has listed 29 per year (58 total by Feb. 2011).
In California, battles rage over listing theIn California, battles rage over listing the
Delta Smelt & Coho Salmon:Delta Smelt & Coho Salmon:
Pika turned downPika turned down
•• Environmentalists & the fishingEnvironmentalists & the fishing
industry support listing.industry support listing.
•• Agri-business opposed.Agri-business opposed.
*65% losses due to massive water*65% losses due to massive water
pumping from the delta (5 of 6 fishpumping from the delta (5 of 6 fish
don’t survive the pumps)don’t survive the pumps)
Tracy Pumping StationTracy Pumping Station

18. Listed Species by State (2005)Listed Species by State (2005)

19. The Critical Habitat LoopholeThe Critical Habitat Loophole
 The ESA requires listedThe ESA requires listed
species to be designated aspecies to be designated a
Critical HabitatCritical Habitat..
 Critical habitat is essentialCritical habitat is essential
to the survival & recoveryto the survival & recovery
of an imperiled species.of an imperiled species.
 But the Secretary may takeBut the Secretary may take
economic considerationseconomic considerations
into account wheninto account when
designating critical habitatdesignating critical habitat
& may even avoid& may even avoid
designation under certaindesignation under certain
conditions.*conditions.*
* The “* The “not prudentnot prudent” & “” & “notnot
determinabledeterminable” exceptions.” exceptions.

20. Critical Habitat--Critical ConditionCritical Habitat--Critical Condition
 The Department’s own dataThe Department’s own data
confirm that species withconfirm that species with
critical habitat designationscritical habitat designations
are twice as likely toare twice as likely to
successfully recover.successfully recover.
 Yet, despite the requirementYet, despite the requirement
for critical habitat under thefor critical habitat under the
law, thelaw, the DoI has used theDoI has used the “not“not
prudent”prudent” && “not determinable”“not determinable”
exceptions to block 88% of allexceptions to block 88% of all
critical habitat designationscritical habitat designations..
The Bush adm. cut back criticalThe Bush adm. cut back critical
habitat designations almosthabitat designations almost
entirely (there were a fewentirely (there were a few
court ordered exceptions).court ordered exceptions).
The Ferruginous Hawk: A CandidateThe Ferruginous Hawk: A Candidate
Species Whose Habitat is ShrinkingSpecies Whose Habitat is Shrinking

21. Recovery PlansRecovery Plans
 ESA requires the FWS or NMFS to developESA requires the FWS or NMFS to develop
Recovery PlansRecovery Plans for all listed species.for all listed species.
These plans should include:These plans should include:
(1) a detailed description of the species’ current(1) a detailed description of the species’ current
situation.situation.
(2) a recovery threshold & benchmarks for(2) a recovery threshold & benchmarks for
indicating when this threshold has beenindicating 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 effectiveness of(4) a method for assessing the effectiveness of
the recovery plan.the recovery plan.

22. Recovery Plans That Don’t RecoverRecovery Plans That Don’t Recover
 Often, FWS & NMFSOften, FWS & NMFS
Recovery Plans set targetRecovery Plans set target
population sizes at orpopulation sizes at or
below what existed in thebelow what existed in the
wild when the species waswild when the species was
first listed as endangered.first listed as endangered.
 Because of this, 28-37% ofBecause of this, 28-37% of
the species with Recoverythe species with Recovery
Plans are actually beingPlans are actually being
“managed for extinction”.*“managed for extinction”.*
*”Status & Prospects for Success of the ESA: A*”Status & Prospects for Success of the ESA: A
Look at Recovery Plans,”Look at Recovery Plans,” Tear, Scott, et.alTear, Scott, et.al
SCIENCESCIENCE (Nov., 1993): 976-7.(Nov., 1993): 976-7.
The Red Cockaded Woodpecker’sThe Red Cockaded Woodpecker’s
Limited “Recovery Plan” Keeps itLimited “Recovery Plan” Keeps it
Poised Near Extinction.Poised Near Extinction.

23. Recovery Without Habitat?Recovery Without Habitat?
 40% of all listed species still languish40% of all listed species still languish
without any Recovery Plan.without any Recovery Plan.
 The responsible agencies have usedThe responsible agencies have used
loopholes* to sidestep recovery plans for aboutloopholes* to sidestep recovery plans for about
500 of the 1,304 listed species.500 of the 1,304 listed species.
 Even the Recovery Plans in place are oftenEven the Recovery Plans in place are often
weak, too vague to be useful & frequentlyweak, too vague to be useful & frequently
ignored by other government agencies.ignored by other government agencies.
*The “no deadline” &
“ineffective” loopholes.

24. The Jeopardy & TakingsThe Jeopardy & Takings
ProhibitionsProhibitions
 Section 7 protects listed species from theSection 7 protects listed species from the
actions ofactions of government agenciesgovernment agencies..
 Section 9 protects listed species from theSection 9 protects listed species from the
harmful acts ofharmful acts of people in generalpeople in general..
Sections 7 & 9--theSections 7 & 9--the jeopardyjeopardy
& takings prohibitions--& takings prohibitions--
were crafted to prevent thewere crafted to prevent the
further attrition offurther attrition of
endangered species, NOTendangered species, NOT
recovery.recovery.

25. The Jeopardy ProhibitionThe Jeopardy Prohibition
 Section 7 requiresSection 7 requires federal agenciesfederal agencies to ensureto ensure
that their actions don’t jeopardize listedthat their actions don’t jeopardize listed
species.species.
 Agencies must check with the FWS or NMFSAgencies must check with the FWS or NMFS
before initiating any potentially harmfulbefore initiating any potentially harmful
action.action.
 If they are told it “may affect” a listed species,If they are told it “may affect” a listed species,
they must consult with the agency who willthey must consult with the agency who will
suggest a “reasonable & prudent” alternative.suggest a “reasonable & prudent” alternative.
 Though this process can be effective it isThough this process can be effective it is
weakened by the lack of critical habitatweakened by the lack of critical habitat
designations for most species.designations for most species.

26. Section 7: A Roadblock toSection 7: A Roadblock to
Government Programs?Government Programs?
 Of the 1,869 consultations undertaken inOf the 1,869 consultations undertaken in
the 5 year period studied, 181 resulted inthe 5 year period studied, 181 resulted in
aa jeopardy opinionjeopardy opinion. (about 1%). (about 1%)
 In 158 of these 181 cases, a reasonable &In 158 of these 181 cases, a reasonable &
prudent alternative was found.prudent alternative was found.
 Thus, section 7 prevented .03% of allThus, section 7 prevented .03% of all
proposed federal actions during thatproposed 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.

27. Bush & ObamaBush & Obama
 Through executiveThrough executive
order, the Bush adm.order, the Bush adm.
exempted agenciesexempted agencies
from the ESA’sfrom the ESA’s
section 7 consultationsection 7 consultation
process.process.
 Obama restored thisObama restored this
requirement.requirement.

28. Sec. 9--The Takings ProhibitionSec. 9--The Takings Prohibition
 ProhibitsProhibits any personany person (on state, federal or private land)(on state, federal or private land)
from harassing, harming, killing, capturing or collecting afrom harassing, harming, killing, capturing or collecting a
listed species. (This has mainly been applied to animals.)listed species. (This has mainly been applied to animals.)
 There a 2 major exemptions:There a 2 major exemptions:
1) Govt. agencies can be1) Govt. agencies can be
granted angranted an Incidental TakeIncidental Take
StatementStatement through sec. 7through sec. 7
consultations.consultations.
2) Anyone may secure an2) Anyone may secure an
Incidental Take PermitIncidental Take Permit byby
filing afiling a “Habitat Conservation“Habitat Conservation
Plan”Plan” approved by theapproved by the
agency in charge of thatagency in charge of that
specie’s protection.specie’s protection.
Tejon Mountain Village was given anTejon Mountain Village was given an
incidental take permitincidental take permit to build a luxury-hometo build a luxury-home
real estate development in the heart ofreal estate development in the heart of
designated critical California Condor habitat.designated critical California Condor habitat.

29. ESA: The Sinking ArkESA: The Sinking Ark
of Biodiversityof Biodiversity
 The ESA’s primary goal is clear:The ESA’s primary goal is clear:
 RECOVERYRECOVERY of all species threatened withof 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 listingThe law’s first failure is the listing
process, which excludes over 80% ofprocess, which excludes over 80% of
all the nation’s imperiled species fromall the nation’s imperiled species from
any legal protections.any legal protections.
But has the ESA helped itsBut has the ESA helped its listedlisted species tospecies to
recover?recover?

30. The ESA’s Recovery RateThe ESA’s Recovery Rate
 Since 1973 (40 yrs.), onlySince 1973 (40 yrs.), only
22 species have recovered22 species have recovered
out of about 1,374 speciesout of about 1,374 species
protected by the ESA.protected by the ESA.
 This is approximately a 1.6%This is approximately a 1.6%
rate of recovery!rate of recovery!
 10% of all10% of all listedlisted species arespecies are
considered to be improving;considered to be improving;
30% are considered stable;30% are considered stable;
and 60% continue to slipand 60% continue to slip
toward extinction.toward extinction. The Wood Stork: One of the FewThe Wood Stork: One of the Few
Improving SpeciesImproving Species

31. 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)

32. The ESA's Emergency Room
Recovered Species (12)
Declining Species (782)
Stabalized Species (391)
Improving Species (13)
Went Extinct (23)

33. In Blunt Terms…In Blunt Terms…
 Since 1973, the ESA has saved 22Since 1973, the ESA has saved 22
species in its 39-year history.species in its 39-year history.
 During the same period, the rateDuring the same period, the rate
of extinction has shot from 100 toof extinction has shot from 100 to
50,000 species a year.50,000 species a year.
 Human activities likeHuman activities like
urbanization, clear-cutting &urbanization, clear-cutting &
deforestation, road & damdeforestation, road & dam
building, the expansion ofbuilding, the expansion of
agriculture & grazing, mining,agriculture & grazing, mining,
oil drilling, over-fishing &oil drilling, over-fishing &
marine pollution, climate changemarine pollution, climate change
& the poaching, harvesting && the poaching, harvesting &
hunting of wild species for food,hunting of wild species for food,
sport & profit all continue tosport & profit all continue to
decimate the web of life wedecimate the web of life we
depend on for our survival.depend on for our survival.
Wasted “By-Catch” DiscardedWasted “By-Catch” Discarded
After High Value “Target Species”After High Value “Target Species”
Are RemovedAre Removed

34. What to Do?What to Do?
 Most RepublicansMost Republicans
think the ESA is toothink the ESA is too
burdensome to theburdensome to the
economy & shouldeconomy & should
be weakened orbe weakened or
repealed.repealed.
 Most DemocratsMost Democrats
want to preserve thewant to preserve the
ESA & some evenESA & some even
want to strengthenwant to strengthen
itit a bit.a bit.
What Do You Think?What Do You Think?