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0332[;3 LARl.mR ~COU~W ~ The Endangered Species Act and Its Impact on Agriculture By l.urimer CuullIy CummiHitmer ":'IfIUl,\' Rl!lIl1e1.\ Death. divorce and taxes. Thmc used to be the most common reasons ~ ou would see farms and ranches go on the market. Timesha..c cenainJy. predictably. changed. NO\~ you hear \\ords like Plon:r. prairie dog, and Preble's. These arc some of the species that are \\Tcaking havoc with agricultural operations in Color.ldo today The driving force behind this havoc is the Endangered Spccies Act (ESA), a \\cll-intcndcd but seriously flawed piece of lcgiskuion passed by Congress in 1973. Under the ESA. nominated species may be listed as uen.JJ.ngeredU or "threat- ened:' The ESA delines an l'ndangcred species as "any spec it's. which is in danger of extinction throughout all. or a signilicanr portion of its range:' The Act de tines a threatened species as "any species \1 hich IS 1ikel~ to become an endangered species within the foreseeable future throughout all or a signiticant ponion of its range:- The~e words may Ilell describe the Preble's ~kado\1 Jumping \louse.the blad:-tailed prairie dog. or the \lounlain rImer ~cienli~ls are ~tilJ !=athering data tu suppon th:ll premise \Iore facts do nN need to be gathered. hlml,'ver. to know that these Ilords more apll~ refer to the most endangl'reJ species in the state. ColvradlCIIJ -/grlCulruris. All across our slate. farms and ranches that have been In production fIll' generations are in Jeopard~ Thl'se oper.ninns. perhaps more than these animals. are dese!> Ing of protection from possible e\!lnction, Farm and ranch lands prol ide two laluable things. rood production and habit;!t for a m~riad of \Iildllfe, Agricul- tural land must tle pro~r1~ cared for and protected in NJer (or itlO be productll e and economically viable This care and cultil'ation sometimes runs counler to the secondary purpose of prol iding habllat, The commitment Ihat fanners and ranchers sho\~ ever: da~. as they strile to protl'cI and enhance these agricuhural lands. ma~ not hold up under the continuing pressure ~lng brought to bear b~ lIstings under the ESt\. ESA Iislings oUen caITY selere limilations on what you can do with ~our land. and these limItations often make farming or ranching impossible. We were faced ",ith a question ofth~ abilit~, to bum our dnches duc 10 the possible de~lruction of mouse habital. Thankfully after touring several counties and beginning to understand Ihe magnItude o(\lal('r that needs to be mowd the Fish and \\"ildlife Sen-ice allol\ed hislOrie use to prevail and Ill.' moved on. This is an example of not knO\1 ing how business works and the pOlentialto cause irreparable damage. Were we nOI allowed to bum ditches and \1 ateI' moved through flooding kmds. Who is liable for that damage? Is it the Federal Govemmenl for passing the Endangered Species Act':' Is ilthe Fish and Wildlife because Ihey I\ere doing their job and nOI allowing it: Is it the ditch comp;my who \~as prevented from prorerl~ maintaining thcir structures: Is it the water owner? Is il the land 01\ ner'" Or is it lhe COUnl~ Go\ernmenl who is suppl'sed tu be the local ag~nc~: People \~ho make their living in a::ricullure are slowl~ bemg pushed out. especiall~ along the From Range \\11.lt noone seems to realize is th:lI forcing these (anns out through OI'er-regulation land lhe ESA is not the only 101\1 10 blame) will onl~ hasten the destruction of this I aluable habitat and the endangered specH:s lhat depend on them. Agricultural producers C:ln realize a generous prOfit fwm lhe sale of genera- tIons-oJ.:! land or cominue tu ranch or farm in a changing and unS!::JbJe em iron- ment. ~lan~ limes lhl.' operator lakes the laller option and n:mains despite clct)-lhing Increasing taxes. rules. and regulations usualt~ g.el passed on to a person buying a piece of property The agriculture producer. ho\\e\er. has 10 talo;e it from th~ family food bill and \Ihen the~ hit a certain break point lhe~ will succumb 10 the pressure and sell. When the dll: is ca"t and the land is soJd. and all of the protections for the endangered species are addressed. lhere i" usually land remaining that can and will be- deIClopcd. Oftentimes homes appear. sometimes a whole nell lown sprouts up, The families that cared for the land and Io;ept il private will no long.er protect the habitat th;!t was so crilical to all species. VI'bich is besl for lhe colleClile II hole of all species: All species - man. animal and insect- need land to feed them. and to refresh their soul. Alier la:-er upon layer or rules. regulations. ta\es and enlironmenral protections hale been placed on the agricultural producer. he or she is in danger of becoming as e-xtinct as lhe animal or insect species targ.eled. The time has come to recognize lhat "endangered species" are not limited to animals or insects. Agricultural operators in northern Colorado and man~ other rlacl's are fast becoming '.threatened" as \\cIL \\.e must. as a count0. stril't' to see the \\orld \~e Iii e in as a \~hole - not in small segml'nts. The la~ering of rules and regulations \~ ith the intention of sa vine. small areas that arealread~ being - prolected b~ the pm ,lie property o\~ner \~ill uhimatel~ r..sult in the sale and duision oflhat land, The unintended consequences (If Ilell-intentioned poliLies might \1 ell be the undumg of rural agriculture as \Ie kn\)\1 it. \\"e Jrc a sociel\' that needs 10 see Ian.:! !!TOI\ln" . - ~ and \ iable to refresh (lur soul. We need reassurances lhat a sl'ed planted \1 ill feed the \Iorld