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Introduction

Following alarm over findings that the nation had lost more than 500 species since colonial days, Congress passed the Endangered Species Act (ESA) in 1973 with a groundswell of public support. When the ESA was passed, experts predicted that, without such action, an additional 40 mammals and birds and 25 fish species would become extinct within the next 25 years.(1)

Endangered species, clockwise from left: Mississippi Sandhill Crane, Atlantic Salmon, Gray Wolf, Karner Blue Butterfly, Pitcher Plant

A 2004 study by the Center for Biological Diversity revealed that 108 species had succumbed to extinction in the 21 years following the passage of the ESA – far worse than experts predicted would happen without the act. In addition, that study found that 79% of species that had gone extinct never made it on the federal endangered species list. Of those, many were known to be endangered, but their listing was delayed – sometimes for 20 years – due to political pressures or institutional delays in the reviewing and listing process.(2) “Virtually all of these species could have been saved if the Endangered Species Act was properly managed, fully funded, and shielded from political pressure,” said Kieran Suckling, executive director of the Center for Biological Diversity.(3) Clearly, there are many barriers to effective implementation of the federal ESA, and much room for well-reasoned state acts to fill the gaps and help reduce biodiversity loss.

Today, our planet is losing species faster than at any other time in all of human history. While Congress and federal officials continue to debate the reform and reauthorization of the federal ESA, state endangered species acts can help mitigate the loss of species in our nation by seeking to assure the survival of the plants and animals unique to each state, from piping plovers in the East to Swainson’s hawks in the West. While the federal ESA serves the vital role of safeguarding those plants and animals that are imperiled across ranges or on a natural scale, state acts can protect those species within each state’s borders that don’t yet need the emergency room measures of the federal act.

If carefully crafted, state endangered species acts can strengthen the web of national protection efforts. A strong state endangered species act can serve as a complement to the federal act, supplementing protection to those species already listed so that recovery can be achieved. A strong state act also can provide real protection to species not listed under the federal act, thereby lessening the need for federal listing. Coordinated state endangered species acts also can increase ecosystem-wide protection efforts. While all but five states do have an existing state ESA, most lack even the most basic provisions to prevent species and habitat loss. Even the strongest state acts, such as California’s, need updating to ensure they are effective in recovery efforts, adequately and routinely enforced, and responsive to the needs of endangered species, government agencies, local economies, and private landowners.

This web site offers the tools necessary for you to introduce and pass legislation to protect endangered species in your state, including a sample bill, talking points, press clips, a fact pack, research, and other background information. While State Environmental Resource Center (SERC) recognizes that most states have an existing act, we strongly recommend that provisions in the sample bill, not included in your state’s ESA, prompt revisions to existing state acts.

We may have other useful materials on this subject which are not posted on our web site. Please feel free to contact us at info@serconline.org or call our office in Madison, Wisconsin, at (608) 252-9800.

If you’ve used this site and found it helpful or, if you have suggestions about how it could be made more helpful, please let us know. Feel free to use the sample bill text included here in your state. If you do, please notify us.

Sources:
(1) Jackson, Gerry. “The ESA at 25.” Endangered Species Bulletin, 24.1 (January/February 1999). U.S. Fish and Wildlife Service. 10 August 2004 <http://endangered.fws.gov/ESB/99/01-02/25-28.pdf>.
(2) Suckling, Kieran, Rhiwena Slack, and Brian Nowicki. “Extinction and the Endangered Species Act.” Center for Biological Diversity. 1 May 2004. 10 August 2004 <http://www.biologicaldiversity.org/swcbd/Programs/policy/esa/EESA.pdf>.
(3) “Systematic Delays in Endangered Species Listing Program Allowed 83 Species to Become Extinct.” Center for Biological Diversity. 23 April 2004. 10 August 2004 <http://www.biologicaldiversity.org/swcbd/Programs/policy/esa/eesa.html>.

This page was last updated on August 10, 2004.