Battle Over Endangered Species Bill Heats Up

Posted 2/11/98

Sen. Dirk Kempthorne (R-Idaho) on Sept. 16, 1997, introduced S. 1180, an Endangered Species Act (ESA) reauthorization bill that would delay listing of candidate species and allow new science concerning already-listed species to be ignored.

Opposed by virtually every major environmental group, including the Environmental Defense Fund, National Wildlife Federation and the Sierra Club, the Kempthorne bill in November, 1997, was headed to a full-Senate floor vote prior to the mid-session break. A legislator then anonymously placed a hold on the bill, stalling a vote until Congress resumed in January.

The current process by which imperiled species are listed has come under fire by environmentalists in recent years. Conservationists say the process is too slow and lacks protection for candidate species.

Chinook (King) salmon by Larry Eifert.

"The U.S. Fish and Wildlife Service's (FWS's) systematic failure to promptly list candidate species is one of the greatest abuses of the ESA," said Kieran Suckling, director of the Tucson, Ariz.-based Southwest Center for Biodiversity.

S. 1180 would cause further delays in the listing process by requiring hearings on proposed listings in up to five states and mandating a peer review of listing decisions even in uncontroversial cases.

While almost 4,000 species await listing, many species are becoming extinct before preventative measures can be taken. On Sept. 19, 1997, five species were deleted as candidates for listing by the FWS because they had become extinct. The High Rock Spring tui chub, Marianas euploea butterfly, and three species of Hawaiian pomace flies joined a lengthening list of vanished species.

Many environmentalists see S. 1180's Habitat Conservation Plan (HCP) provisions as the measure's worst problem. HCPs allow for the destruction of a listed species' critical habitat in one location in exchange for saving it in another. S. 1180's notorious "no surprises" proposal would prevent any modification of HCPs– even in light of changed circumstances that may later arise, such as new science concerning species or habitat in the covered area.

Support from the Clinton administration, which was strong at the Kempthorne bill's introduction, is weakening as controversy swells around the measure.

"The Administration needs to get off the fence and take a stand on endangered species protection," said Mark Fletcher, president of Forests Forever's Board of Directors. "They claim to have endangered species high on their list, yet they endorse a bill (S. 1180) which clearly would pose negative consequences to the entire process of species protection."

Despite public criticism of the bill Kempthorne has vowed to push it vigorously in the Senate while he also campaigns for election as governor of Idaho.

"Kempthorne sees this as his final act of environmental devastation before going into the gubernatorial race," said Eric Wingerter, an activist with the Washington D.C.-based Grassroots Environmental Effectiveness Network (GREEN). "Stopping S. 1180 is of major concern to all parties committed to protecting our natural heritage."

While campaigning against S. 1180, many activists back Rep. George Miller's (D-Martinez) Endangered Species Recovery Act (ESRA) as a bill that would help realize the intended vision of the ESA. Introduced on July 31, 1997, H.R. 2351 calls for full protection of habitat as soon as a species is listed.

ESRA would shift the focus from merely survival of species to recovery and would establish scientific benchmarks for recovery instead of relying on government agency opinions.

Miller's introduction of ESRA, which had 94 co-sponsors at press time, culminated a seven-month campaign by Forests Forever. In 1997 Forests Forever generated 17,513 letters and commitments to write from Californians in favor of ESRA and opposed to S. 1180.

Contact the following key decision-makers and tell them any legislation which weakens endangered species protection is unacceptable.

Rep. Zoe Lofgren
16th District
635 North 1st St., Suite B
San Jose, CA 95112
408/271-8700 phone
202/225-3072 DC office
zoegram@lofgren.house.gov

Rep. Tom Campbell
15th District
910 Campisis Way, Suite 1C
Campbell, CA 95008
408/371-7337 phone
408/371-7925 FAX
campbell@mail.house.gov

Rep. Ellen Tauscher
10th District
1801 N. California Blvd., Suite 103
Walnut Creek, CA 94596
510/932-8899 phone
202/225-1880 DC office
ellen.tauscher@mail.house.gov

Ask Tauscher, Lofgren and Campbell to co-sponsor George Miller's ESRA bill in the House. Tell them H.R. 2351 would shift the focus from merely the survival of listed species to recovery. Under Miller's bill, critical habitat would be designated when a species is listed– thus speeding up the recovery process.

Sen. Dianne Feinstein
U.S. Senate
Washington, DC 20510
202/224-3841 phone
202/228-3954 FAX
senator@feinstein.senate.gov

Kathleen McGinty, Director
Council on Environmental Quality
Old Executive Office Building #360
Washington, DC 20501
202/456-6225 phone
202/228-3954 FAX

Bruce Babbitt
Secretary of the Interior
Washington, DC 20240
202/208-7351 phone
202/208-6956 FAX
Bruce_Babbitt@los.doi.gov

Tell them you support a strengthened ESA and greater safeguards for biodiversity. S. 1180 would take us in the wrong direction. Point out that S. 1180 would:

• enact the "no surprises" policy, which would prevent any changes to approved HCPs, even in light of new scientific information.

• provide insufficient protection of listed-species habitat under S. 1180's HCP provisions.

• further delay the backlogged listing process, allowing for even greater jeopardy to candidate species.

To see legislation text and status go to http://thomas.html.