A White Paper: Endangered Species Act of 1973

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X3`7__1___741_ . _=r1 731 P10 P1AR Zi =2 V. BACKGROUND ON ISSUES CONCERNING THE ENDANGERED SPECIES ACT INTRODUCTION in the Endangered Species Act of 1973, as amended, the Congress devised a multi- faceted program for the identification and listing of threatened and endangered species ... and for ensuring that the activities of federal agencies and federal permittees and licensees do not jeopardize the continued existence of endangered or threatened species or destroy or adversely modify the designated "critical habitat" of such species. The Endangered Species Act was not the first law Congress passed to protect endangered species. But one line sets it apart from every other environmental law ever written in the U.S. In other laws, federal agencies were required to provide protection "where practicable." The Endangered Species Act requires them to take "such action necessary to ensure that the actions authorized, funded or carried out by them do not jeopardize the continued existence of an endangered species." With that order, Congress elevated protection of ail species to one of the U. S. government's highest priorities. Gary Gerhardt, author of the newspaper column, Nature Watch says: "With the possible exception of Intemal Revenue Service regulations, there maybe no tougher or restrictive law in the U.S. than the Endangered Species Act. " THE PROBLEMS e The Act is not accomplishing its stated purpose. It's purpose as defined by the Act is: "to provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved, to provide a program for the conservation of such endangered species and threatened species ..." According to an audit by the Interior Department's inspector general, 3,600 species await listing and 600 need "immediate protection" but have not been officially listed. In the last 10 years, at least 34 plant and animal species became extinct without "benefit of the Act." e The funds to fulfill the mandates of the Act are not available. According to the above mentioned audit: "It would cost $4.6 billion to fully implement the act." It costs about $60,000 to list a species. The Fish and Wildlife Service currently spends about $8.4 million per year on recovery plans (Washington Post, Oct.23, 1990) The Fish and Wildlife Service currently get $33 million a year for t program (Albuquerque Journal, Oct. 20, 1990) 11-111