The trouble with the Endangered Species Act is us

  • Ted Williams

 

With House approval of his "Threatened and Endangered Species Recovery Act" last September, Rep. Richard Pombo, R-Calif., got a step closer to his career goal of eradicating the Endangered Species Act. Pombo, a developer posing as a rancher posing as an advocate of the public good, proclaims that the 32-year-old law is "broken" and a "failure."

Such talk infuriates Steve Moyer, Trout Unlimited’s federal advocacy coordinator, who helped procure the last reauthorization of the act in 1988. "We don’t enforce the Clean Water Act aggressively enough," he declares. "We weaken federal lands laws to cut more forests. We don’t bother to update a federal mining law from the 1800s. We don’t make the Magnuson Act conserve marine fish. We don’t provide adequate funding for federal and state wildlife programs. On and on and on. We put a huge burden on the ESA, and then some have the nerve to blame it."

Only nine (or less than 1 percent) of the species protected by the ESA have gone extinct; 68 percent are stable or recovering. Not a bad record, but nothing close to what it could be. The ESA has not failed — we have. The only thing "broken" about the act is its application.

As environmentalists note, the previous two administrations annually listed an average of 58 and 65 species respectively, while the current administration has made 40 listings in five years, every one of them in response to actual or threatened court action or petitions by scientists and citizen groups. And environmentalists rail against the Bush administration for its sly, brazen and frequently illegal (say the courts) circumventions of the ESA.

But scolding the hirelings of extractive industry for trying to disappear one of extractive industry’s nuisances is like scolding your dog for rolling in compost. You can do it, but it won’t get you anywhere because that’s the nature of the beast.

The very fact that the administration and the special interests for which it two-steps are working so hard to get rid of the law proves it works. If we want it to work better, we need to look to ourselves. Poll after poll has determined that Americans loathe extinction and adore fish and wildlife, especially if the species being administered to is "magnificent," "beautiful," "cuddly," "symbolic," or fun to catch or shoot. But we don’t adore fish and wildlife enough to vote out an administration that openly favors extinction over inconvenience to its campaign contributors. And we don’t adore fish and wildlife enough to vote out legislators like Pombo.

Moreover, it is Congress, not the White House, which funds the Endangered Species Act. In 2005, Americans coughed up 48 cents each for the 1,269 threatened and endangered species native to the United States, permitting — through their votes and silence — a congressional appropriation of only $143 million. That’s about what we spend to build a mile of superhighway.

The Endangered Species Act already contains all the mechanisms needed to save imperiled species; we just don’t use them well. Consider "safe-harbor agreements," which offer landowners immunity from prosecution if voluntary habitat work attracts listed species, whose presence would otherwise limit their land-use options.

Although safe-harbor agreements help recover species, the Fish and Wildlife Service prepares biological opinions for them, squandering time, manpower, money and the patience of landowners. The Service does this because its handbook, written before the safe-harbor policy was hatched, says it has to. It could fix the problem in seconds by suspending the requirement with a director’s order.

When the Service published its safe-harbor policy, it pledged to speed the process with a generic safe-harbor agreement for its Partners Program (which helps landowners restore habitat). That was June 17, 1999.

Today, landowners are still waiting for their generic agreement. Environmental Defense’s Michael Bean, the attorney who devised safe-harbor, points out that there is no reason for these kinds of "debilitating constraints" and that "an imaginative, results-oriented administrator of the Endangered Species Act, regardless of political party, can do better — much better." But such administrators almost never make it to the top, because we tolerate and empower a system of government that punishes bureaucrats for doing their jobs.

Finally, it’s time for environmentalists to shut up about rare species that provide or might provide something that we need. The Endangered Species Act can’t achieve its potential until the public understands that species must be saved not because they are beautiful, not because they are useful, not because they are anything, only because they are.

Ted Williams writes the Incite column for Audubon magazine and lives in Grafton, Massachusetts.

High Country News Classifieds
  • ENVIRONMENTAL AND CONSTRUCTION GEOPHYSICS
    We characterize contaminated sites and locate buried drums, tanks, debris and also find groundwater.
  • DEVELOPMENT OFFICER
    Are you a supporter of public lands and interested in a career in the nonprofit sector? Grand Teton National Park Foundation is hiring a Development...
  • RANCH GENERAL MANAGER
    Ranch General Manager for a large family-owned Ranch on the island of Molokai, Hawaii. Diversified operations include: an agro-tourism educational retreat center, renewable energy and...
  • COMMUNICATIONS AND PROJECT COORDINATOR CONTRACTOR
    POSITION SUMMARY: The Communications and Project Coordinator will support the Executive Director (ED) in campaign and administrative related tasks. The Coordinator is responsible for research...
  • HOMESICK: WHY HOUSING IS UNAFFORDABLE AND HOW WE CAN CHANGE IT
    A timely, damning, and ultimately hopeful investigation of housing in the United States. Essential reading in the West.
  • OREGON AGRICULTURAL LAND EASEMENT (ALE) PROGRAM COORDINATOR
    Status: Full time Reports to: Conservation Program Manager Salary Range: $60,000-65,000 Duration: Position is funded for 12 months, with the expectation of annual renewal Benefits:...
  • VICE PRESIDENT OF CONSERVATION
    The Vice President of Conservation will arrive at a time of remarkable growth and opportunity within the organization. Guided by the bold and ambitious goals...
  • WINTER WILDLANDS ALLIANCE IS HIRING!
    Help us inspire and empower people to protect America's wild snowscapes! We are a small, mighty and growing team dedicated to our work and looking...
  • EXECUTIVE DIRECTOR- ENVIRONMENTAL ACTION COMMITTEE OF WEST MARIN
    The EAC's Executive Director provides overall leadership for the operation of the organization. The Executive Director is responsible for implementing programs and policies set by...
  • UTE LEGENDS
    These carefully researched stories reflect a deep and abiding understanding of Ute culture and history. These authintic, colorful legends also illustrate the Ute's close connections...
  • FUNDRAISING ASSOCIATE - HIGH COUNTRY NEWS
    High Country News seeks an organized and collaborative Fundraising Associate to drive donor discovery and the cultivation and acquisition of mid-level and recurring gifts. This...
  • MONTANA CONSERVATION ASSOCIATE
    GYC is hiring! Please see our careers page for more details greateryellowstone.org/careers
  • 12 ACRES IN EAGLE, COLORADO!
    Tranquility & land are becoming more and more rare. This land is a haven for peace, where nature beckons & flourishes. Enjoy the mountain views...
  • SURGICAL SHARPENING SERVICE
    is a Denver-based mail order surgical instrument sharpening service established in 2009. Specialties include surgical scissors, dental elevators, trocar sets, and gynecological biopsy forceps.
  • EXECUTIVE DIRECTOR
    California Coalition for Rural Housing (CCRH) seeks a strategic and visionary Executive Director: View all job details here- https://bit.ly/CCRHED
  • MONTANA BLUES
    Thrilling new crime novel by ex-HCN editor Ray Ring : A rural White horsewoman and an urban Black man battle White supremacists in a tough...
  • CANYONLANDS FIELD INSTITUTE
    Field seminars for adults in natural and human history of the northern Colorado Plateau, with lodge and base camp options. Small groups, guest experts.
  • COMING TO TUCSON?
    Popular vacation house, everything furnished. Two bedroom, one bath, large enclosed yards. Dog-friendly. Contact Lee at [email protected] or 520-791-9246.
  • WESTERN NATIVE SEED
    Native plant seeds for the Western US. Trees, shrubs, grasses, wildflowers and regional mixes. Call or email for free price list. 719-942-3935. [email protected] or visit...