Posted 7/31/97

WASHINGTON, D.C. — U.S. Rep. George Miller (D-CA) was scheduled on July 31 to introduce a measure that would fill gaps in the Endangered Species Act (ESA), helping restore the measure to its originally intended effectiveness.

The Endangered Species Recovery Act (ESRA), among its other provisions, would address problems created by the increasing proliferation in recent years of so-called Habitat Conservation Plans (HCPs). Abuse of the HCP process has greatly undermined the landmark act's protections for disappearing flora and fauna.

Miller's introduction of ESRA culminates a seven-month campaign by Forests Forever for strengthening ESA. Miller is the ranking Democrat on the House Resources Committee.

"We are pleased that Congressman Miller has taken the lead in restoring the Endangered Species Act to its intended function, which is not just protection but recovery of America's disappearing wildlife," said Mark Fletcher, president of Forests Forever's board of directors. "ESRA represents a giant step toward bringing about the original vision of the ESA."

Contributing Artist: Larry Eifert.

ESRA incorporates virtually all of the elements of the Endangered Natural Heritage Act, the precursor to ESRA and the focus of Forests Forever's efforts in recent months.

HCPs were authorized under Congress' 1982 ESA amendments. Originally envisioned as a "win-win" solution to actual or potential conflicts between habitat protection and habitat-impacting activities, HCPs have become a major loophole in the act, paving the way for species' continued destruction.

Scientists estimate that as many as 100 species per day are now being driven to extinction worldwide, primarily due to habitat loss. In California 193 species currently are listed as threatened or endangered under ESA. Many of these are forest-dependant species.

The first HCP was created as a compromise between developers and environmentalists seeking to save endangered butterfly species on San Bruno Mountain near San Francisco. Since then HCPs have proliferated. At the onset of the Clinton Administration there were just 14 approved HCPs; today over 400 HCPs either have been approved or are being considered for approval.

According to Tara Mueller, director of the Biodiversity Law Program of the Environmental Law Foundation, and a member of Forests Forever's board, the HCP provisions of ESRA include a requirement that HCPs include measurable biological goals and assurances that the plans to not undermine the recovery of listed species; evaluation of plans, to ensure permittees are in compliance with their HCPs and that the plans actually are working to conserve species; subjecting HCPs to independent peer and public review; allowing citizen legal challenges; and creation of tax incentives that will foster voluntary species-protection measures on private property.

"We are building in (with ESRA) absolutely essential protections for endangered species," Mueller said. "At the same time, this bill more-than-adequately balances species protection with development."

Among its other provisions, ESRA would:

• shift the focus from mere survival of the species to recovery,
  

• add a requirement that habitat be protected at the time of listing rather than at some unspecified later point,
  

• establish scientific benchmarks for recovery instead of relying solely on government agency officials, and
  

• allow citizen access to recovery plan progress reports.
  

"The ESA is our most important environmental law," Mueller said. "When everything else fails ESA kicks in. Getting ESRA passed will be almost as historic as the original act itself.

"There's nothing more critical than saving these species, because once they're gone they're gone forever."

The ESA, signed in 1973, has been slated for reauthorization since 1992. It has been kept in force since then by Congress-approved temporary funding provisions that have rolled reauthorization over until this year. In the current session Congressional hearings on ESA amendments are expected to get underway.

"Much remains to be done," Fletcher said. "Until the rate of extinction drops to zero we must make every possible effort to stop the irretrievable loss of genetic and biological diversity. That means making sure ESA works the way it is supposed to."

At this writing, 51 representatives have signed on as co-sponsors, including Bay Area members Pete Stark, Ron Dellums, Nancy Pelosi and Tom Lantos. Forests Forever is encouraging concerned citizens to contact their Congressional representatives, urging them to add their names to the list of ESRA co-sponsors.

The ESA is arguably the strongest environmental law ever enacted. Species including the Bald eagle, Peregrine falcon, Sea otter, Manatee, Brown Pelican, and California condor have progressed toward recovery under the ESA. Since 1982 hundreds of new species have been listed and hundreds-- perhaps thousands--- more warrant listing.

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