ESA Proposal Notes

Here are my founding notes of which i will compose my proposal with. I am still uncertain exactly what my main focus is, at least how that would become in context of this class. I have a series of questions at the top of the page that have guided my research and are how i am currently planning on designing my final paper.

Endangered Species Act

What is it?
How does it work?
How and Why are species placed on the list?
How and Why are they removed from the list?
Arguments in support of the ESA
Arguments opposed to the ESA
An animal example: Brown Pelican?

What is the ESA?

A federal law which “bans the hunting or killing of endangered species and protects against significant habitat loss.” Does not “effectively address the problem of exotic species…[it] provides no protection to a species until that species is in serious danger of extinction.” “Rather than protecting species or ecosystems when they are healthy, the ESA waits until a species is on the brink of extinction.” Was passed into law in 1973 and signed into law by President Richard M. Nixon.

Purposes [of the ESA] – “The purposes of this Act are 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, and to take such steps as may be appropriate to achieve the purposes of the treaties and conventions set forth in subsection (a) of this section.”

How does it Work?

“The Secretary shall by regulation…determine whether any species is an endangered species or a threatened species because of any of the following factors:
(A) the present or threatened destruction, modification, or curtailment of its habitat or range;
(B) overutilization for commercial, recreational, scientific, or educational purposes;
(C) disease or predation;
(D) the inadequacy of existing regulatory mechanisms;
(E) other natural or manmade factors affecting its continued existence…”

“Two federal agencies split administrative responsibilities under the ESA. The Fish & Wildlife Service (FWS) within the Department of the Interior is responsible for protecting terrestrial and avian species and freshwater fish. The National Marine Fisheries Service (NMFS) within the Department of Commerce takes responsibility for maritime species, including anadromous fish such as salmon.”

Listing Process

“The ESA protects only those species that the FWS lists as either endangered or threatened. A species is endangered if the FWS finds that it is “in danger of extinction throughout all or a significant portion of its range.” A species is threatened if it is :likely to become an endangered species in the foreseeable future.” “

“Under section 4 of the ESA, the FWS can decide to list a species on its own initiative, or an individual or organization can petition to list the species. In deciding whether to list a species, the FWS sometimes must decide what a species is. If a flower is very similar to a known species but the flower appears to have slightly smaller petals, for example, is the flower a separate species? If two separate plant species combine to reproduce, is the resulting plant a new and distinct species or merely a hybrid? Unfortunately, the ESA does not define the term “species” or address these issues.”

“The ESA tries to keep economic and political considerations out of listing decisions. Under the ESA, FWS must determine within 90 days of receiving a listing petition whether the petition presents sufficient evidence to pursue a full review of the species’ status and must decide within a year of that determination whether to list a species.”

Delisting Process

The purpose of the ESA is, ultimately, not to just list endangered species but to restore endangered populations so they can be taken off the list. “As of mid-2006, only 42 species had been “delisted.” Nine of these species, moreover, were delisted because they are now extinct. Another 18 were delisted because of taxonomic revisions, new information, or changes in the ESA. The FWS and NMFS had delisted only 15 species because the species had sufficiently recovered to be removed from protection.”

Arguments supporting the ESA

“Under some biocentric views of nature, species have an intrinsic right to exist and thrive, and humans have an obligation to respect that right. Many religions, moreover, believe that humans have an ethical obligation to be careful stewards of nature.” There have been motivations in preserving species for potential genetic value – the hope that through research of these present species drugs and treatments may be derived to cure human ailments.

Of greater value, “biodiversity (which constitutes the overall community of organisms within a habitat and the physical conditions under which they live) provides a wide range of “ecosystem services” of immense importance to humans. These services include detoxification and decomposition of wastes, purification of air and water, generation and renewal of soil and soil fertility, pollination of crops and natural vegetation, control of harmful agricultural pests, support of cultural activities, and provision of aesthetic beauty and pleasure.

Arguments opposing the ESA

“Policy makers attack the ESA for restricting new land development, angering property owners and local governments. In the western USA, the ESA has reduced the amount of water that farmers and cities can divert from rivers and other waterways. The ESA also constrains the federal government’s freedom to build dams and freeways, to develop timber, petroleum, and other natural resources, and to take a variety of other actions of importance to various political constituencies.”

“should the ESA balance the benefits of preserving a species against the economic costs of preservation. Where habitat is located on private land, property owners cannot use their land in a way that would appreciably reduce the likelihood that the species will survive and recover, no matter how valuable the land use.”