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History of the Endangered Species Act: Difference between revisions

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Revision as of 15:53, 18 November 2015

Public Policy
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Glossary of endangered species terms


The history of the Endangered Species Act (ESA) includes its passage in 1973 and amendments to it over the next several decades. Before the Endangered Species Act, Congress had enacted legislation to promote conservation and to regulate human activity around fish and wildlife, beginning with animals on federal land like national parks and wildlife areas. In the 1960s, Congress began expanding wildlife protection for species threatened with extinction, mostly from shooting, trapping, and chemical agents such as DDT. Congress amended the law to include a system of permits and land use regulations in 1978, 1982 and 1988.

Amendments to the Endangered Species Act placed additional requirements on the law's implementation. The law was set to expire in 1992, but Congress has funded its implementation each year since 1992. A provision in 2005 to let the law expire in 2015, known as a "sunset clause," was never passed.

Before the ESA

Federal conservation and wildlife protection laws have existed since the mid-19th century, before the term "endangered species" was in use. The Lacey Act of 1900 regulated human actions regarding certain animal and plants, because illegal commercial hunting and unlawful interstate trade of game species had become so prevalent. The law prohibited trading wildlife, fish and plants that were illegally possessed, taken, transported or sold. The Migratory Bird Treaty Act of 1918 was the first federal law protecting birds migrating between the United States and Canada. The treaty made it illegal to pursue, take, hunt, capture, kill or sell federally protected birds.[1][2]

The bald eagle

The Bald and Golden Eagle Protection Act of 1940 gave eagles the kind of federal protection endangered species would later receive under the Endangered Species Act. The law prohibited the "taking" of a bald or golden eagle. "Taking" means harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing or collecting a species, and comes with federal penalties. In 1966, Congress passed the Endangered Species Preservation Act, which required a federal list of endangered animals and prohibited the taking of listed animal species on all national wildlife refuges. The Interior, Agriculture and Defense Departments were directed to preserve species' habitats on their lands. The Fish and Wildlife Service was allowed to acquire a limited amount of private land for listed animals. In 1969, Congress changed the law to prohibit importing and/or selling animals facing "worldwide extinction." In 1972, Congress passed the Marine Mammal Protection Act, which prohibited the taking of all marine mammals, such as whales, dolphins, seals, sea lions, sea otters and polar bears within the waters of the United States. The law is implemented by the U.S. National Oceanic and Atmospheric Administration (NOAA). The agency became responsible for all listed marine species after the Endangered Species Act was passed.[3][4][5]

The environmental conservation movement also began in the 1960s. The movement helped to spur passage of federal environmental laws such as the Clean Air Act and Clean Water Act, in addition to the Endangered Species Act (ESA). Rachel Carson's book Silent Spring was credited with bringing awareness to the harm posed to birds by the chemical DDT. The book was widely cited by environmental organizations to support the ESA and its protections for birds harmed by DDT use. In the book, Carson explored how DDT, a pesticide used frequently after it became available in 1945, harmed birds and other animals. According to the book, DDT had the potential to reduce the thickness of a bird's egg shells. Carson also concluded that DDT had detrimental effects on food supply and animal populations.[6]

Passage of ESA

In a special message to Congress on February 8, 1972, President Richard Nixon (R) outlined his environmental agenda and called on Congress to pass "a stronger law to protect endangered species of wildlife." Nixon called for legislation to make the "taking" of an endangered species a federal offense, and to allow "protective measures" for certain species to prevent their extinction.[7]

“ It has only been in recent years that efforts have been undertaken to list and protect those species of animals whose continued existence is in jeopardy. Starting with our national symbol, the bald eagle, we have expanded our concern over the extinction of these animals to include the present list of over 100. We have already found, however, that even the most recent act to protect endangered species, which dates only from 1969, simply does not provide the kind of management tools needed to act early enough to save a vanishing species.[8] ”
—President Richard Nixon[7]

Legislative history

DocumentIcon.jpg See bill: Endangered Species Act

Endangered Species Act of 1973
Seal of the United States Congress.svg
United States Congress
Full text:United States Congress
Legislative history
Introduced:June 12, 1973 (in the Senate)
House vote:390-12; September 18, 1973
Senate vote:92-0; July 24, 1973
Conference vote (House):355-4; December 19, 1973
Conference vote (Senate):Approved; December 19, 1973
President:Richard Nixon
Signed:December 28, 1973

Senator Harrison A. Williams (D-New Jersey) introduced the Endangered Species Act in the U.S. Senate on June 12, 1973. The Senate unanimously approved the bill on July 24, 1973. The House approved its version of the bill on September 18, 1973, by a 390-12 vote. A joint conference committee was convened to reconcile the Senate and House versions of the bill. The conference committee reported the bill on December 19, 1973. On the same day, both the House and Senate approved the legislation.[9]

On July 27, 1973, Rep. Leonor K. Sullivan (D-Missouri), who was then-chairwoman of the now defunct House Subcommittee on Merchant Marine and Fisheries, spoke about the bill after the legislation had been referred to the subcommittee following the Senate's approval. Sullivan's remarks outlined the purpose of the legislation. It is often quoted to illustrate the ESA's main goals:[10]

“ From the most narrow possible point of view, it is in the best interest of mankind to minimize the losses of genetic variations. The reason is simple: they are potential resources. They are the keys to puzzles which we cannot solve, and may provide answers to questions which we have not yet learned to ask.[10][8] ”
—Representative Leonor K. Sullivan in July 1973

The legislation's primary authors included legislative attorneys and scientists, as well as the first head of the White House Office of Environmental Quality, Russell Train. Richard Nixon signed the Endangered Species Act into law on December 28, 1973.[11]

ESA amendments

1978

Congress's amendments to the Endangered Species Act (ESA) in 1978 permitted federal agencies to take action that may harm or jeopardize a listed species, if their action was approved by a federal committee. The same federal committee is permitted to review all federal conservation plans for their economic costs, and is allowed to exempt specific projects from ESA regulation. One notable example of this was the Tellico Dam in Tennessee, a project whose construction had been halted by the U.S. Supreme Court after the discovery of an endangered fish. The project was halted even after the dam had received federal funding from Congress. Congress amended the ESA in 1978 with projects such as these in mind. Congress also required that the U.S. Fish and Wildlife Service must designate any critical habitat at the same time it lists a species. When designating land as a species's habitat, the service must also take into account economic and other "relevant" impacts. The 1978 amendment also required the U.S. Department of Agriculture to develop programs for species conservation on its own land; the Agriculture Department received land acquisition authority similar to the Departments of Interior, Commerce and Defense (they were authorized to acquire land in previous legislation).[12]

1982

The 1982 amendment allowed an animal species to be bred in captivity and reintroduced into the wild as an "experimental population." Experimental populations are isolated from other populations beginning with captivity and when they are reintroduced. Regulations are written specifically for them. Some populations are "nonessential" to a species's survival, and can go extinct without pushing the species into further decline. As of September 2015, portions of the gray wolf population in Wyoming were experimental, "nonessential" populations.[13]

Congress prohibited the removal of endangered plants from federal land in 1982. Its amendment also made further changes for how species are listed. When it decides to assign a status to a listed species, Fish and Wildlife Service must consider only biological and trade information, regardless of potential economic or other impacts. The service must also determine a species's status no later than one year after the species has been proposed for listing (unless a listing proposal is withdrawn for specific reasons). Before the 1982 amendment, the service had two years to decide a species's listing status.

The amendment also permitted the federal government to call some listed species "experimental populations." Experimental populations are groups of animals or plants limited to specific geographical locations. They do not receive full ESA protection. Members of a species are taken by the government in order to be bred separately from other populations. As it grows, the captive population is then reintroduced into the wild and is called an "experimental population." An experimental population is reintroduced throughout the species' historical range, which is the geographic area the species has been known to inhabit in the past. All experimental populations are labelled as threatened species (threatened species are regulated more flexibly than endangered species, which are more strictly regulated). Some experimental populations are "nonessential" to the species's survival, which means they can go extinct without pushing the species into further decline.[14][15]

The 1982 amendment also introduced habitat conservation plans and "incidental take" permits. The ESA penalizes certain human activity with respect to a listed animal, called a "taking," which is defined as harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing or collecting it. To avoid penalties, an individual can apply for an "incidental take" permit, which allows someone to engage in otherwise lawful activity around a listed animal, such as land modification, that may end up harming a member of the species. To receive this permit, an individual must also submit a "habitat conservation plan" containing information about the relevant and predicted effects of the individual's activities, how these effects will be "minimized" or "mitigated" and how the plan will be financed.[16][14]

1988

In 1988, Congress required the Fish and Wildlife Service to monitor all recovered species and all candidate species (candidate species are all those proposed for federal protection and listed based on a priority system). In cases of "significant risk to the well-being of any species of fish or wildlife or plants," the service may place the species on the federal list as an "emergency listing." The service must publish "detailed reasons" for why listing is necessary, and must notify the states where the species is believed or known to inhabit. Any emergency listings take effect immediately after they are published. The listing is in effect for 240 days, unless the Fish and Wildlife Service withdraws the listing because "substantial evidence for it" does not exist. This evidence must include "the best appropriate data available."[17][18]

The 1988 amendment affected federal recovery plans for listed species. After 1988, the Fish and Wildlife Service and other relevant federal agencies were required to notify the public about all federal recovery plans. After public notice, recovery plans were open to public comments, and the relevant federal agencies were required to review and consider those comments when developing their plans. All federal recovery plans must have biennial reports detailing the development and implementation of each plan, including the status of all species with recovery plans. The federal government was also required to monitor all previously listed, recovered species for a minimum of five years. Congress also mandated a report for "all reasonably identifiable" spending by the federal government on listed species on a species-by-species basis.[17][19]

The 1988 amendment funded the law's implementation through fiscal year 1992. In September 30, 1992, the authorization of the ESA expired, but Congress continued funding the law's implementation through its annual appropriations (spending) process. A provision saying that a law will expire on a specific date, unless it is reauthorized by Congress, is known as a "sunset clause" or "sunset provision." Even though the 1988 amendment stated that the Endangered Species Act would expire on September 30, 1992, the law continues to be implemented when it is funded each year. It is unclear whether the September 1992 date was considered a sunset clause at the time.[20]

2004

A minor amendment to the ESA was included in the National Defense Authorization Act of 2004. Congress exempted the U.S. Department of Defense from the task of designating critical habitats for listed species on its land, so long as a natural resources management plan was in place and had been approved by the U.S. Interior Department.[21]

2005

In 2005, a proposed change to the Endangered Species Act was introduced in the House by then-Rep. Richard W. Pombo (R-CA). The bill, entitled the "Threatened and Endangered Species Recovery Act of 2005," contained a sunset clause stating, "All provisions of this Act shall cease to have any force and effect on October 1, 2015." The bill was never introduced for a full vote in the House of Representatives and never went into effect.[22]

Recent news

The link below is to the most recent stories in a Google news search for the terms Endangered Species Act. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

History of the Endangered Species Act - Google News

See also

External links

References

  1. ↑ ForestLegality.org, "U.S. Lacey Act," accessed February 6, 2015
  2. ↑ U.S. Fish and Wildlife Service, "Nation Marks Lacey Act Centennial, 100 Years of Federal Wildlife Law Enforcement," accessed February 6, 2015
  3. ↑ Marine Mammal Center, "The Marine Mammal Protection Act of 1972, Amended 1994," accessed August 25, 2015
  4. ↑ U.S. Fish and Wildlife Service, "A History of the Endangered Species Act of 1973," accessed August 17, 2015
  5. ↑ U.S. Fish and Wildlife Service, "The Bald and Golden Eagle Protection Act," December 19, 2012
  6. ↑ Natural Resources Defense Council, "The Story of Silent Spring," accessed March 16, 2015
  7. ↑ 7.0 7.1 The American Presidency Project, "Richard Nixon - Special Message to Congress Outlining the 1972 Environmental Program," February 8, 1972
  8. ↑ 8.0 8.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  9. ↑ The Library of Congress, "Bill Summary and Status - 93rd Congress - S. 1893 - All Congressional Actions with Amendments," accessed August 13, 2014
  10. ↑ 10.0 10.1 ESWR.com, "Report on Endangered and Threatened Species Conservation Act of 1973," accessed September 10, 2015
  11. ↑ Politico, "Nixon signs into law Endangered Species Act, Dec. 28, 1973," December 28, 2012
  12. ↑ U.S. Fish and Wildlife Service, "1978 ESA Amendment," accessed September 10, 2015
  13. ↑ U.S. Fish and Wildlife Service, "Gray Wolf Species Profile," accessed September 11, 2015
  14. ↑ 14.0 14.1 U.S. Fish and Wildlife Service, "1982 ESA Amendment," accessed September 11, 2015
  15. ↑ U.S. Fish and Wildlife Service, "Distinct Population Segments, 4(d) Rules, and Experimental Populations," accessed September 11, 2015
  16. ↑ U.S. Fish and Wildlife Service, "Permits," accessed January 8, 2015
  17. ↑ 17.0 17.1 U.S. Fish and Wildlife Service, "1988 ESA Amendment," accessed September 11, 2015
  18. ↑ U.S. Fish and Wildlife Service, "Endangered Species Act | Section 4," accessed September 11, 2015
  19. ↑ U.S. Fish and Wildlife Service, "Endangered Species Act | Section 18," accessed September 11, 2015
  20. ↑ Coosa-Alabama River Improvement Association, "ESA History," accessed September 11, 2015
  21. ↑ U.S. Fish and Wildlife Service, "Endangered Species Act | ESA 2004 Amendment," accessed September 11, 2015
  22. ↑ Center for Biological Diversity, "Proposal changes could kill Endangered Species Act," July 9, 2005
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