Fact Pack
Thanks to Defenders of Wildlife for much of the
following information.(1)
The Problem
While a handful of species, such as the white-tailed deer, are
thriving in our country, the vast majority are disappearing from
this once rich landscape. A May 2004 report by the Center for Biological
Diversity, “Extinction and the Endangered Species Act,”
concluded that 108 species succumbed to extinction in the first
21 years following the creation of the Endangered Species Act. The
study compared that number to the estimated natural extinction rate,
which would predict the natural extinction of only four species
in the same amount of time. Clearly, human activity is contributing
to biodiversity loss.(2)
To stem the tide of this extraordinary loss of diversity, extraordinary
measures are needed. Increased interagency cooperation, public involvement,
and a focus on protection of whole systems rather than frantic piecemeal
efforts are needed. The federal Endangered Species Act has served,
and can continue to serve, as a catalyst for this change.
Until recently, state endangered species acts have played a relatively
minor part in protecting this nation’s imperiled species.
The federal Endangered Species Act has been the country’s
chief vehicle for conserving our endangered plants and animals.
Yet increasingly, attention is being turned to the states as Congress
seeks to delegate more authority to the states, and the role of
the states in protecting wildlife becomes more evident.
As laboratories for change, states can reassert their traditional
role as stewards of the plants and animals within their borders.
The federal act gives states wide opportunities to create their
own programs of protection and to contribute to federal efforts
as well. The states can play a critical role by increasing the legal
protections given to their imperiled plants and animals.
The states may not be ready for this additional responsibility,
however. Despite the dedicated efforts of many state wildlife experts,
few state acts provide a truly effective program of protection for
threatened and endangered species. The state acts vary widely, with
only a handful providing even the basic protections found in the
federal act. What is needed is a concerted effort to improve the
“state of the states” and to give states the opportunity
to become innovative leaders in this area.
What Can a State Act Do That the Federal Act Doesn’t?
State endangered species acts serve three critical purposes. Most
importantly, a strong state act can serve as a first line of defense
in protecting species not yet federally listed. They also can complement
recovery efforts on the federal level. Further, states working together
can provide ecosystem-wide protection across state boundaries.
The federal ESA was never intended to be the vehicle for protecting
all species. Instead, it is simply an emergency room measure designed
for critically imperiled species. A strong state act can prevent
federal listing. A staff person with the Illinois Division of Natural
Heritage sums it up: “If we and other states can protect and
enhance populations of rare species, federal listing will be unnecessary.”
The Center for Biological Diversity found that the vast majority
of those species who faced extinction during the first 21 years
of the federal ESA were not on the federal list of endangered species,
and that 43 of those went extinct during lengthy delays in the listing
process.(2) State ESA’s can provide
protection when delays in the federal process occur, and where economic,
ecological, recreational, or heritage values for a species exist
in a particular state.
For species already on the federal list, a state act can provide
another line of defense. In New Mexico, for example, the state Department
of Game and Fish is pooling its resources with the U.S. Fish and
Wildlife Service to help protect the Rio Grande silvery minnow,
a federally-listed species that was recently added to New Mexico’s
list.
Finally, states can play an innovative role in preventing ecosystem
fragmentation. In cooperation with their neighbors and the federal
government, states could develop regional plans to identify key
habitats, protect ecologically important areas and allow human development
on the least sensitive areas.
What Should a State Endangered Species Act Look Like?
In general, most state acts fall far short of what is needed to
adequately protect imperiled species. Most of the existing 45 state
endangered species acts merely provide a mechanism for listing,
and prohibit taking of, or trafficking in, listed species. No mechanisms
for recovery, consultation, or critical habitat designation exist
in 32 state acts. And, no state act has a citizen suit provision
to allow for citizen enforcement.
In Kentucky, for example, state law prohibits only the trafficking
in of a state-listed species; no other provisions exist to protect
the species. Alaska protects only vertebrate species and subspecies.
And in five states – Alabama, Arkansas, Utah, West Virginia,
and Wyoming – no state act exists.
The State Environmental Resource Center (SERC), in conjunction
with Defenders of Wildlife, has crafted a sample bill for states
to use in creating or amending state law. It was developed with
input from state wildlife agencies and environmental organizations
around the country. The sample bill is grounded in sound science,
focusing on species recovery rather than simply survival. It also
provides economic incentives for landowners and encourages protection
of species before they become imperiled.
|