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MAY 2, 1992 PUBLIC WORKSHOP SUMMARY AND ATTACHMENTS Section 3
Endangered and threatened species: The what, where, and why
Listing species. The first step in managing endangered and threatened
species is to
get them identified, or listed. A species may be listed as endangered or
threatened if:
If there is evidence that any of the above factors exist, one may send
a petition to
the director of the U.S. Fish and Wildlife Serice (FWS), thoroughly
describing the species
and its problem(s).
If there are questions regarding the status of the species, the service
may publish a
notice of review in the Federal Register (the newspaper that describes
action on Federal
rules and regulations), asking for public comment.
If, after review and examination, the director agrees that there is a
threat, he or she
will publish in the Federal Register a proposal to list the species
as either
threatened or endangered.
At least 60 days are then allowed for any interested party to comment
on the proposal.
During the review time, public meetings may be held so that the public can
discuss the
proposal with FWS representatives.
After the review period, if information obtained supports the original
proposal, the
director publishes a final rulemaking in the Federal Regisier. The
species is added
to the Federal list and becomes eligible for protection and management
offered by the
Endangered Species Act.
Developing recovery plans. Because the reasons that a species is in
jeopardy are
usually complex, the solution is also complex. It requires the gathering
of considerable
basic information and the meshing of numerous projects, often performed by
several agendes
and organizations.
The basic method of achieving this meshing is through the developing of
recovery
plans. Recovery teams are sometimes appointed to aid in identifying
solutions and in
developing the recovery plans.
A recovery team consists of individuals most knowledgeable about a
species and its
needs. A team may include persons from government, universities,
conservation
organizations, or private business.
One recovery team may be involved with more than one species if the
species needs are
similar or if they occupy the same habitat. The team prepares a recovery
plan for the
species and highlights what is necessary for it to survive and recover a
nonthreatened
status.
Included are specific recommendations for further study, land
preservation, law
enforcement. special land management, education -- and anything else
important to the
species.
Although the planning process is sponsored by the FWS, a number of
agencies and
organizations may be involved in the preparation and carrying out of the
plan.
As of April 1981, there were 68 recovery teams in operation, 37 in thc
Western states.
So far, 41 recovery plans have been approved, 26 of them affecting
Western species.
Protecting listed species. The Endangered Species Act makes it
unlawful to take (kill,
harass, harm, or catch) or possess endangered or threatened species, or to
import or
export them without appropriate permits. (Import and export restrictions
apply to
endangered and threatened plants as well, but taking and possessing plants
is not
regulated by the act.)
Species on the Federal threatened and endangered list are provided
strict protection,
but permits may sometimes be issued for activities that would otherwise
not be allowed.
For example, a state game agency might be granted a permit to capture
limited numbers
of an edaangered species for study if it appeared that this study might
help the species
survive.
Because threatened species are not in as critical condition as
endangered ones, permit
requirements are less rigid. For example, a person might obtain a permit
to keep a
threatened species in captivity for educational pursoses only, something
that would not be
allowed with an endangered species.
The Endangered Species Act requires Federal agencies to be sure that
activities they
fund, license, or carry out are not likely to cause further harm to
endangered or
threatened species. Agencies consult with the FWS to determine the
probable outcome of
proposed actions.
If the FWS concludes that a project might be harmful, it orders the
project modified to
reduce impact or -- in rare instances in which no modifications are
possible -- stopped
altogether.
In some cases, a species listed as endangered or threatened may also
have its critical
habitat described. Designating critical habitat does not necessarily
make any changes
in the uses allowed in an area. It is merely one method of drawing the
attention of state
and Federal agencies to areas that are especially important to certain
species.
Whether or not critical habitat has been described, consultation with
the FWS is
necessary whenever an endangered or threatened species is involved.
The above restrictions apply only to Federal activities
conducted on public
lands. Private individuals or organizations are not affected unless their
work is financed
by the Federal Government or unless they require a Federal permit or
license to accomplish
the work. Here are three examples that show how consultation and critical
habitat
designation might affect certam activities:
A Federal agency plans a new hiking trail. lf the area is
designated as critical
habitat for some species, and if it appears that the building of the
hiking trail might
influence that species, then the agency must consult with the FWS.
If no critical habitat is designated, it must first be determined
whether there are any
listed species in the area. If there are, then the process becomes the
same as with
critical habitat.
Suppose the trail passes near a bald eagle nest, and the FWS concludes
that building
the proposed trail would be harmful to the eagles. The agency should not
carry through
with its plan. However, there may be ways the trail could be built without
disturbing the
eagles.
If the problem is noise associated with trail building, then the trail
could be built
without the use of power tools or at a time of year when the eagles are
not present. If
use of the trail would be disturbing to the nesting eagles, use of the
trail could be
allowed only outside the breeding season.
A private shipping company requests permission to dredge a boat basin
in a tidal area
used by the endangered California least tern. The proposed dredging
requires a permit
from the U.S. Army Corps of Engineers, even though the actual work is done
by private
business. If an impact on the tern is possible, the corps would consult
with the FWS.
If the FWS opinion was that the dredging would harm the tern, the corps
would not grant
the permit as proposed. It might be possible to change the proposal so
that the effects on
the tern would not be as great; then the permit could be issued.
A private landowner wants to plow some private land on which an
endangered plant grows.
If the landowner does not need any Federal money to do the plowing, then he or she is not required to
consult with the FWS
or to consider critical habitat.
Of course, attempts might be made to avoid destruction of this
endangered plant on
private land by convincing the landowner to change his or her plans, or by
entering into
some type of land use agreement. Purchasing the land or development rights
in question is
a last resort.
There has been concern that requirements of the act would result in
many conflicts
between endangered species and desirable development and management
programs. Actually,
there have been very few. Usually, the consultation process reveals that a
proposal can be
changed in some way so that the species in question will not be adversely
affected.
Land acquisition. As noted before, loss or change of a species'
habitat is usually
at least partly to blame for a species being listed as endangered or
threatened. The
Endangered Species Act authorizes the Secretaries of Interior and
Agriculture to acquire
property for endangered and threatened species.
Funds for habitat purchase are available from the Land and Water
Conservation Fund,
which is supported by monies collected as user fees on Federal property,
Federal tax on
motorboat fuels, revenue from the sale of surplus Federal properties, and
a percentage of
revenue obtained from offshore oil drilling leases.
Important purchases have been made for such endangered species as the
bald eagle,
Lange's metalmark butterfly, Contra Costa wallflower, Santa Cruz long-toed
salamander, and
Columbian white-tailed deer.
Cooperation with the states. The Endangered Species Act most
directly affects
Federal involvement in endangered species preservation, but authors of the
act recognized
that the states can and do play an important part.
The Federal Government is authorized by
the act to enter into management agreements and cooperative agreements
with those
states that want to conduct their own endangered species programs.
States with cooperative agreements are eligible to receive two-thirds
Federal funding
for approved endangered species projects. These funds may be used for surveys, research, law
enforcement, or other
activities designed to benefit the species in question.
Since 1977, when 16 states first entered into cooperative agreements,
$23.6 million
have been spent in the program. As of June 1, 1981, 38 states had entered
into cooperative
agreements with the FWS. In 1981, $5.4 million were allocated to these
states for
endangered species programs.
The Aleutian Canada goose is a small version of the well-known
"honker" found
in much of the U.S. However, the Aleutian goose nests only on one small
island in Alaska.
It formerly nested on other Aleutian islands, but foxes introduced into
the Aleutians in
the 1800's destroyed all other populations.
Recovery for the Aleutian Canada goose involved increasing the
population by captive
breeding and reintroducing them on additional islands after foxes were
removed. It also
included protecting the birds in areas where legal hunting of other geese
occurs, and
acquiring vital lands along the migration route.
Implementation of the plan required continuing, close cooperation
between the FWS and
the Alaska and California Department of Fish and Game. As a result of
these efforts, the
total population increased to approximately 2,000 birds.
The sand dunes at Antioch, California, are the home of the Lange's
metalmark butterfly
and two plants, the Antioch Dunes evening primrose and the Contra Costa
wallflower. These
species are found nowhere else, and their living space has been reduced by
agricultural
and industrial development from approximately 500 acres to 80 acres.
A major step toward the protection of these species occurred in 1980
when the FWS
bought 55 acres of the most important habitat. Future activities will
include controlling
public use of the dunes area so that no further harm is done to the
plants.
Additional studies of the butterfly and plants will be conducted to
see if removal of
exotic weeds or other management practices might help them to survive
and increase.
Reversing the trend for an endangered or threatened species is seldom
easy. It may be
that some species will become extinct regardless of what is done, either
because recovery
efforts started too late or because our understanding is not sufficient to
solve the
problems.
In rare cases, it may even be that the extinction of a species is
unavoidable if we are
to meet essential human needs. However, this should be a truly rare
circumstance.
There are few cases where a species must be completely separated from
civilization, or
where there is an unresolvable conflict between the needs of a plant or
animal and human
needs. What will become more and more necessary is a greater planning
effort in the use of
the environment.
Meshing recovery plans with other planning efforts, and clarifying both
long term and
short term objectives for growth and land use (both nationally and
locally), are vital
needs.
There is cause for optimism. Important conservation measures have
resulted from passage
of the Endangered Species Act. States and communities are paying more
attention to the
needs of unique wildlife, plants, and habitats.
Private organizations such as the Nature Conservancy, World Wildlife
Fund, and National
Audubon Society are active in education, research, and land acquisition
roles.
Some recovery efforts, such as those for the whooping crane and
peregrine falcon, are
far enough along that real signs of recovery of these species are evident.
The next few years, however, will be critical for many plants and
animals. The need for
increased conservation activity and cooperation has never been more
urgent.
You can obtain details of the endangered-species listing process and
current
instructions for submitting listing petitions from the Director (OES),
U.S. Fish and
Wildlife Service, Washington, D.C. 20240. For information on permits for
Endangered and
Threatened species, write the director (WPO) at the same address.
The Oregon State University Extension Service provides education and information based on timely research to help Oregonians solve problems aid develop skills related to youth, family, community, farm, forest, energy, and marine resources.
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