>Date: Wed, 8 Mar 1995 13:54:43 +0600
>To: Multiple recipients of list <bene at straylight.tamu.edu>
>Subject: FWS News Release: Changes in ESA implementation (long)
>
>This was on the FWS web Server in Washington DC. Will such an attempt to
>remove the impacts of the ESA on small landowners be sufficient to save
>the act? I'm sure time and congress will tell.
>
>Joy Winckel
>c7gap at ttacs.ttu.edu
>
> NEWS RELEASE
> _________________________________________________________________
>
>OFFICE OF THE SECRETARY
>
>FOR IMMEDIATE RELEASE Mary Helen Thompson (202) 208-6416
>March 6, 1995
>
>
>ADMINISTRATION PROPOSES ENDANGERED SPECIES ACT EXEMPTIONS
>FOR SMALL LANDOWNERS; "GUIDEPOSTS FOR REFORM" WOULD GIVE MORE
>AUTHORITY TO STATES
>
>
>
> Secretary of the Interior Bruce Babbitt and Dr. D. James Baker,
> Undersecretary of Commerce for Oceans and Atmosphere, today released a
> set of ten principles, designed to balance endangered species
> protection with economic development, that would bring significant
> change to the way the Endangered Species Act is implemented.
>
> For the first time ever, significant exemptions would be granted to
> small property owners. The Administration will propose new regulations
> that would grant general exemptions from Endangered Species Act
> enforcement to most activities on single home residential tracts and
> for other activities that affect less than five acres.
>
> The Administration package identifies way to establish a new
> cooperative relationship with the states, and would require greater
> scrutiny of the scientific analysis supporting endangered species
> decisions.
>
> The list of principles reflects the Administration's commitment to
> minimize impacts on landowners, grant greater authority to states and
> local governments, make implementation of the law simpler and more
> efficient and improve the recovery rate of species.
>
> "Under this plan, states would have greater ability to guide species
> protection and recovery within their borders," said Baker. "Science
> would be assured a stronger place in decision-making. Small landowners
> would encounter more flexibility and less regulation. And all
> landowners would be encouraged to provide good habitat for listed
> species and not be penalized for doing so."
>
> "Guideposts for Reauthorization"
>
> "These principles are guideposts for reauthorization, should this
> Congress decide to move forward on endangered species issues," said
> Babbitt. He said the principles reflect the Administration's efforts
> to respond to the concerns of private landowners and the states.
>
> The principles also show the Administration will resist radical
> attempts to eviscerate species protection.
>
> "Make no mistake about it, the Endangered Species Act is as American
> as apple pie," said Babbitt. "It has preserved our rich and diverse
> natural heritage. It has ensured that the next generation of Americans
> can inherit a land as beautiful as the land we so love."
>
> "As reauthorization of the Endangered Species Act gets under way, any
> proposal for change must pass an important series of tests," said
> Babbitt. "Will it kill bald eagles? Will it lead to the deaths of
> whooping cranes or grizzly bears? Will it harm the greenback cutthroat
> trout? Each proposed change comes with a responsibility to prove that
> our great natural heritage will not be squandered."
>
> "As changes to the law come under consideration, a key need is to
> balance species protection with the rights of private property
> owners," said Babbitt. "These principles outlined build on our
> initiatives to reduce the conservation burden on small landowners and
> show the Administration is serious in its efforts to balance the
> rights of individual landowners with the community's right to a
> healthy environment."
>
> "If Congress chooses to reauthorize the Act, they should attack the
> Act's problems like a laser beam, while still leaving intact the law's
> effectiveness," said Babbitt. "A heavy-handed approach to change, as
> some on the Hill are suggesting, will only diminish our ability to
> protect species that are an essential part of the American landscape.
> Americans don't want that to happen."
>
> Presumptions for Small Landowners
>
> Critics of the Act claim that individual landowners are forced to bear
> an unfair burden for the recovery of particular species. They point to
> small landowners who may be prevented from developing lands they
> assumed would pay for their retirement. Babbitt and other
> Administration officials have acknowledged their plight.
>
> "The fact is, the Endangered Species Act has caused difficulty for
> some small landowners who have protected species on their property,"
> said Babbitt. "We're saying small landowners should be exempted from
> conservation burdens on the basis of fairness and biology. Most
> species won't survive on small tracts of land and it's not fair to tie
> up small landowners."
>
> To begin putting this principle into effect, the Administration will
> propose regulations that exempt land use activities by private owners
> that individually or cumulatively have no lasting effect on the
> survival and recovery of a threatened species. Activities on tracts of
> land occupied by a single household and being used solely for
> residential purposes and activities that affect five acres of land
> would be presumed to have only negligible adverse affects. Thus, in
> most circumstances, these small tracts of private property would be
> exempted from Endangered Species Act restrictions for threatened
> species. Congress could extend similar relief to restrictions on
> endangered species.
>
> Increased Role for States
>
> In 1994, the Fish and Wildlife Service (FWS) and the National Marine
> Fisheries Service (NMFS) issued a policy directive requiring that
> State expertise and information be used in pre-listing, consultation,
> recovery and conservation planning. The directive referred
> specifically to the expertise in state fish and wildlife agencies.
>
> To bolster that effort, Congress would need to provide individual
> states with greater opportunities to retain full authority for
> management of species if the state takes action to conserve species at
> various stages during the listing or recovery processes.
>
> In addition, Congress would need to give states the opportunity to
> assume the lead responsibility for recovery and for issuing habitat
> conservation planning permits to non-federal landowners.
>
> The Administration's fiscal year 1996 budget proposes more than $27
> million for cooperative habitat conservation partnerships with states.
>
>
> "Sound and Objective Science"
>
> To encourage what it terms "sound and objective science," the
> Administration began requiring FWS and NMFS to seek independent
> scientific peer review of all proposals to list species and draft
> plans to recover species. They have also established more rigorous
> standards for the kinds of scientific information used in making ESA
> decisions.
>
> In addition, the Administration has drafted guidelines that set
> tougher listing petition standards. The action places more burden on
> the petitioner to show that there is substantial information to
> propose a species for listing.
>
> Codifying these improvements would make them permanent.
>
> "A Continuing Commitment"
>
> "The reforms outlined today would improve the Endangered Species Act
> by relying more on State authority and expertise," said Oregon
> Governor John Kitzhaber. "And they will help make sure that landowners
> are treated fairly and not penalized for doing things that benefit
> endangered species."
>
> "This reform package recognizes the only way we can protect threatened
> species is by maintaining a partnership between the states and the
> federal government and by encouraging conservation on private lands in
> a way that doesn't put an unfair burden on private landowners," said
> Washington Governor Mike Lowry. "I strongly commend President Clinton
> and Interior Secretary Babbitt for their efforts to reform the
> Endangered Species Act and look forward to working with the
> Administration and Congress as they work toward reauthorization."
>
> "Every state in the West is confronting the challenge of how to manage
> growth and protect precious natural resources and our quality of
> life," said Colorado Governor Roy Romer. "Overall, we in Colorado have
> enjoyed a productive relationship with the Department of the Interior
> in working to recover imperilled species while minimizing disruption
> in people's working and private lives. I view this ten-point package
> of reforms as an indication of Interior's continuing commitment to
> making the Endangered Species Act more user-friendly. The reforms lay
> a solid foundation for the public debate and discussion over ESA
> reauthorization that will unfold over the coming months."
>
> "We heartily endorse the Secretary's emphasis on the role of the State
> fish and wildlife agencies as co-equal administrators of the Act, the
> reliance on science in decision making under the Act, as well as
> specific recognition of the distinctions between `threatened' and
> `endangered' classification," said Max Peterson, Executive
> Vice-president of the International Association of Fish and Wildlife
> Agencies. "The Secretary's continued efforts to recognize and use the
> flexibility provided for under the Act is important and long overdue."
>
>
> "The Nature Conservancy, since its creation almost 50 years ago, has
> continually focused on the science of conservation and working with
> landowners in a cooperative way to get the job done," said John
> Sawhill, President and CEO of The Nature Conservancy. "It is on this
> basis that we applaud the changes announced today to reform the
> Endangered Species Act with respect to its fairness, flexibility and
> emphasis on good science. The Conservancy encourages the Interior
> Department to continue its reform effort and create incentives and
> other tools for working with private land owners."
>
> Ten Principles
>Administration officials released a lengthy set of documents
>detailing the following ten principles.
>
> 1. Base ESA decisions on sound and objective science.
>
> 2. Minimize social and economic impacts.
>
> 3. Provide quick, responsive answers and certainty to
> landowners.
>
> 4. Treat landowners fairly and with consideration.
>
> 5. Create incentives for landowners to conserve species.
>
> 6. Make effective use of limited public and private
> resources by focusing on groups of species dependent on
> the same habitat.
>
> 7. Prevent species from becoming endangered or threatened.
>
> 8. Promptly recover and de-list threatened and endangered
> species.
>
> 9. Promote efficiency and consistency.
>
> 10. Provide state, tribal and local governments with
> opportunities to play a greater role in carrying out
> the ESA.
>
>
>
> Some Principles Invoked Administratively
>
> In documents supporting the principles, Administration officials
> explained the specific problem each one was designed to resolve. In
> some cases, they noted previous Clinton Administration actions that
> address the problem and requested that Congress codify those changes.
> In others, they noted that congressional action would be required to
> meet the principle. In still other cases, both steps are requested.
>
> For example, to meet the principle that would "minimize social and
> economic impacts," officials said both administrative and
> congressional action would be required. On the administrative front,
> the FWS and NMFS issued a 1994 policy directive on recovery planning
> that enables affected groups and stakeholders to participate in
> developing recovery plans for listed species. On the legislative
> front, Congress would need to provide greater flexibility in the
> management of threatened species.
>
> The initiatives outlined today build on the Administration's continued
> efforts to involve private landowners in conservation programs. In the
> ten years prior to the Clinton Administration, 15 habitat conservation
> plans (HCPs) were in effect. That number has grown to 45 in just two
> years, and more than 150 additional HCPs are in planning stages.
>
> "Based on our preliminary review of the Administration's proposal, it
> appears to be a constructive and positive step forward in making the
> Endangered Species Act a more workable and responsive program," said a
> statement issued by the Western Urban Water Coalition. "This proposal
> has a number of concepts which, once fully developed and in place,
> should reduce undue and unfair burdens on our water utility members as
> they carry out their important public responsibilities -- the delivery
> of water to large municipalities in the Western United States. Many of
> the reforms covered in the Administration proposals respond to
> suggestions which have been made by our Coalition for improving both
> the terms, and the administration, of the ESA. Overall, our member
> utilities seek more emphasis on solving endangered species problems
> before they arise, through agreements and good management. The main
> objective is greater certainty about existing and future water
> supplies than is possible under current law and policy.
>
> -- DOI --
> _________________________________________________________________
>
>

Dennis Paulson, Director phone: (206) 756-3798
Slater Museum of Natural History fax: (206) 756-3352
University of Puget Sound e-mail: dpaulson at ups.edu
Tacoma, WA 98416