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• 1. [Image] Endangered species: difficult choices

  	IB10072 08-26-04 Endangered Species: Difficult Choices SUMMARY The 108th Congress is considering various proposals to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years ...
  	Citation × Citation Citation Abstract Copy Title: Endangered species: difficult choices Author: Buck, Eugene H; Corn, M. Lynne (Mary Lynne), 1946-; Baldwin, Pamela Year: 2004, 2008, 2005 IB10072 08-26-04 Endangered Species: Difficult Choices SUMMARY The 108th Congress is considering various proposals to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years have included changing the role of science in decision-making, changing the role of critical habitat, reducing conflicts with Department of Defense activities, incorporating further protection for property owners, and increasing protection of listed species, among others. In addition, many have advocated including significant changes to ESA regulations made during the Clinton Administration in the law itself. The ESA has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and non-federal lands and resources. Under the ESA, certain species of plants and animals (both vertebrate and invertebrate) are listed as "endangered" or "threatened" according to assessments of their risk of extinction. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. The ESA may also be controversial because dwindling species are usually harbingers of resource scarcity: the most common cause of listing species is habitat loss. Recent efforts in the House would modify ESA provisions that designate critical habitat, and that provide for scientific peer review. The authorization for spending under the ESA expired on October 1, 1992. The prohibitions and requirements of the ESA remain in force, even in the absence of an authorization, and funds have been appropriated to imple- ment the administrative provisions of the ESA in each subsequent fiscal year. In the 108th Congress, two bills (H.R. 1662 and H.R. 2933) have been reported that would, respectively, address issues concerning scientific peer review and critical habitat. These bills may be brought to the House floor in September. Earlier, P.L. 108-108 (Interior appropriations) provided $265 million for FY2004 for programs related to endangered species. P.L. 108-136 (Defense authorization) included an ESA amendment to direct that critical habitat not be designated on military lands under certain conditions when Integrated Natural Resources Management Plans are in effect. P.L. 108-137 (Energy and Water appropriations) prohibited use of FY2004 or earlier funds to reduce water deliveries under existing contracts for ESA compliance for the silvery minnow on the Middle Rio Grande River unless water is obtained from a willing seller or lessor. The act also established an executive committee to oversee the Collaborative Program associated with this situation. P.L. 108-148 (Healthy Forests Act) authorized hazardous fuels reduction projects on BLM and national forest lands including those containing listed species habitat; directed establishment of a healthy forests reserve program to promote recovery of listed species; and directed the Secretary of the Interior to provide assurances to landowners whose enrollment in the healthy forests reserve program results in new conservation benefits for ESA-listed species. Title: Endangered species: difficult choices Author: Buck, Eugene H; Corn, M. Lynne (Mary Lynne), 1946-; Baldwin, Pamela Year: 2004, 2008, 2005 IB10072 08-26-04 Endangered Species: Difficult Choices SUMMARY The 108th Congress is considering various proposals to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years have included changing the role of science in decision-making, changing the role of critical habitat, reducing conflicts with Department of Defense activities, incorporating further protection for property owners, and increasing protection of listed species, among others. In addition, many have advocated including significant changes to ESA regulations made during the Clinton Administration in the law itself. The ESA has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and non-federal lands and resources. Under the ESA, certain species of plants and animals (both vertebrate and invertebrate) are listed as "endangered" or "threatened" according to assessments of their risk of extinction. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. The ESA may also be controversial because dwindling species are usually harbingers of resource scarcity: the most common cause of listing species is habitat loss. Recent efforts in the House would modify ESA provisions that designate critical habitat, and that provide for scientific peer review. The authorization for spending under the ESA expired on October 1, 1992. The prohibitions and requirements of the ESA remain in force, even in the absence of an authorization, and funds have been appropriated to imple- ment the administrative provisions of the ESA in each subsequent fiscal year. In the 108th Congress, two bills (H.R. 1662 and H.R. 2933) have been reported that would, respectively, address issues concerning scientific peer review and critical habitat. These bills may be brought to the House floor in September. Earlier, P.L. 108-108 (Interior appropriations) provided $265 million for FY2004 for programs related to endangered species. P.L. 108-136 (Defense authorization) included an ESA amendment to direct that critical habitat not be designated on military lands under certain conditions when Integrated Natural Resources Management Plans are in effect. P.L. 108-137 (Energy and Water appropriations) prohibited use of FY2004 or earlier funds to reduce water deliveries under existing contracts for ESA compliance for the silvery minnow on the Middle Rio Grande River unless water is obtained from a willing seller or lessor. The act also established an executive committee to oversee the Collaborative Program associated with this situation. P.L. 108-148 (Healthy Forests Act) authorized hazardous fuels reduction projects on BLM and national forest lands including those containing listed species habitat; directed establishment of a healthy forests reserve program to promote recovery of listed species; and directed the Secretary of the Interior to provide assurances to landowners whose enrollment in the healthy forests reserve program results in new conservation benefits for ESA-listed species. Close

• 2. [Image] Endangered Species Act : successes and challenges in agency collaboration and the use of scientific information in the decision making process : testimony before the Subcommittee on Fisheries, Wildlife and Water, Committee on Environment and Public Works, United States Senate / statement of Robin M. Nazzaro

  	Summary In summary, we found that federal agencies have taken steps to improve collaboration as a way to reduce conflicts that often occur between species protections and other resource uses, but that ...
  	Citation × Citation Citation Abstract Copy Title: Endangered Species Act : successes and challenges in agency collaboration and the use of scientific information in the decision making process : testimony before the Subcommittee on Fisheries, Wildlife and Water, Committee on Environment and Public Works, United States Senate / statement of Robin M. Nazzaro Author: Nazzaro, Robin M Year: 2005, 2007 Summary In summary, we found that federal agencies have taken steps to improve collaboration as a way to reduce conflicts that often occur between species protections and other resource uses, but that more could be done to promote routine use of collaboration and clarify agencies' responsibilities under the Endangered Species Act. In September 2003, we reported on efforts taken by the Department of Defense (DOD) to coordinate with other federal land managers in order to reduce the impact of species protections on military activities. We found several cases where such efforts were successful. For example, at the Barry M. Goldwater range in Arizona, Air Force officials worked with officials at FWS and the National Park Service to enhance food sources for the endangered Sonoran pronghorn in locations away from military training areas. As a result, the Air Force was able to minimize the impact of restrictions on training missions due to the presence of the pronghorn. However, such cases were few and far between because, among other things, there were no procedures or centralized information sources for facilitating such collaboration. In March 2004, we reported on collaboration that takes place pursuant to section 7(a)(2) of the act?referred to as the consultation process?in the Pacific Northwest. In this area, large numbers of protected species and vast amounts of federal land conspire to make balancing species protection and resource use a contentious endeavor. We found that steps the Services and other federal agencies had taken made the consultation process run smoother and contributed to improved interagency relationships. However, some problems have persisted. For example, some agencies disagree with the Services about when consultation is necessary and how much analysis is required to determine potential impacts on protected species. In each of these reports, we made recommendations intended to further improve collaboration among federal agencies with regard to balancing species protections and other resource uses, and?in the March 2004 report?to resolve disagreements about the consultations process. DOD and FWS have begun discussing an implementation strategy to improve collaboration regarding species protection on military and other federal lands and development of a training program. With regard to the consultation process, while FWS and NMFS have continued to take steps to expand their collaboration processes, the agencies did not believe that disagreements about the consultation process require additional steps. They believe that current training and guidance is sufficient to address questions about the process. With regard to the use of science, we have found that FWS generally used the best available information in key Endangered Species Act decisions, although the agency was not always integrating new research into ongoing species management decisions. In addition, we identified concerns with the adequacy of the information available to make critical habitat decisions. In December 2002, we reported on many aspects of the decision making for species protections regarding the Mojave Desert tortoise. We found that the decision to list the tortoise as threatened, its critical habitat designation, and the recommended steps in the species' recovery plan, were based on the best available information. However, despite over $100 million in expenditures on recovery actions and research over the past 25 years, it is still unclear what the status of the tortoise is and what effect, if any, recovery actions are having on the species because research has not been coordinated in a way to provide essential management information. Such information is critically important as some of the protective actions, such as restrictions on grazing and off road vehicle use, are vigorously opposed by interest groups who question whether they are necessary for the tortoise's recovery. Accordingly, we recommended that FWS better link land management decisions with research results to ensure that conservation actions and land use restrictions actually benefit the tortoise. In response, FWS recently established a new office with a tortoise recovery coordinator and plans to create an advisory committee to ensure that monitoring and recovery actions are fed back into management decisions. In August 2003, we found that, similar to the decision making regarding the tortoise, FWS decisions about listing species for protection under the act were generally based on the best available information. However, while most critical habitat designations also appeared to be based on the best available information, there were concerns about the adequacy of the information available at the time these decisions are made. Specifically, critical habitat decisions require detailed information of a species' life history and habitat needs and the economic impacts of such decisions?information that is often not available and that FWS is unable to gather before it is obligated under the act to make the decision. As a result, we recommended that the Secretary of the Interior clarify how and when critical habitat should be designated and identify if any policy, regulatory, or legislative changes are required to enable the department to make better informed designations. FWS has not responded to our recommendation. Title: Endangered Species Act : successes and challenges in agency collaboration and the use of scientific information in the decision making process : testimony before the Subcommittee on Fisheries, Wildlife and Water, Committee on Environment and Public Works, United States Senate / statement of Robin M. Nazzaro Author: Nazzaro, Robin M Year: 2005, 2007 Summary In summary, we found that federal agencies have taken steps to improve collaboration as a way to reduce conflicts that often occur between species protections and other resource uses, but that more could be done to promote routine use of collaboration and clarify agencies' responsibilities under the Endangered Species Act. In September 2003, we reported on efforts taken by the Department of Defense (DOD) to coordinate with other federal land managers in order to reduce the impact of species protections on military activities. We found several cases where such efforts were successful. For example, at the Barry M. Goldwater range in Arizona, Air Force officials worked with officials at FWS and the National Park Service to enhance food sources for the endangered Sonoran pronghorn in locations away from military training areas. As a result, the Air Force was able to minimize the impact of restrictions on training missions due to the presence of the pronghorn. However, such cases were few and far between because, among other things, there were no procedures or centralized information sources for facilitating such collaboration. In March 2004, we reported on collaboration that takes place pursuant to section 7(a)(2) of the act?referred to as the consultation process?in the Pacific Northwest. In this area, large numbers of protected species and vast amounts of federal land conspire to make balancing species protection and resource use a contentious endeavor. We found that steps the Services and other federal agencies had taken made the consultation process run smoother and contributed to improved interagency relationships. However, some problems have persisted. For example, some agencies disagree with the Services about when consultation is necessary and how much analysis is required to determine potential impacts on protected species. In each of these reports, we made recommendations intended to further improve collaboration among federal agencies with regard to balancing species protections and other resource uses, and?in the March 2004 report?to resolve disagreements about the consultations process. DOD and FWS have begun discussing an implementation strategy to improve collaboration regarding species protection on military and other federal lands and development of a training program. With regard to the consultation process, while FWS and NMFS have continued to take steps to expand their collaboration processes, the agencies did not believe that disagreements about the consultation process require additional steps. They believe that current training and guidance is sufficient to address questions about the process. With regard to the use of science, we have found that FWS generally used the best available information in key Endangered Species Act decisions, although the agency was not always integrating new research into ongoing species management decisions. In addition, we identified concerns with the adequacy of the information available to make critical habitat decisions. In December 2002, we reported on many aspects of the decision making for species protections regarding the Mojave Desert tortoise. We found that the decision to list the tortoise as threatened, its critical habitat designation, and the recommended steps in the species' recovery plan, were based on the best available information. However, despite over $100 million in expenditures on recovery actions and research over the past 25 years, it is still unclear what the status of the tortoise is and what effect, if any, recovery actions are having on the species because research has not been coordinated in a way to provide essential management information. Such information is critically important as some of the protective actions, such as restrictions on grazing and off road vehicle use, are vigorously opposed by interest groups who question whether they are necessary for the tortoise's recovery. Accordingly, we recommended that FWS better link land management decisions with research results to ensure that conservation actions and land use restrictions actually benefit the tortoise. In response, FWS recently established a new office with a tortoise recovery coordinator and plans to create an advisory committee to ensure that monitoring and recovery actions are fed back into management decisions. In August 2003, we found that, similar to the decision making regarding the tortoise, FWS decisions about listing species for protection under the act were generally based on the best available information. However, while most critical habitat designations also appeared to be based on the best available information, there were concerns about the adequacy of the information available at the time these decisions are made. Specifically, critical habitat decisions require detailed information of a species' life history and habitat needs and the economic impacts of such decisions?information that is often not available and that FWS is unable to gather before it is obligated under the act to make the decision. As a result, we recommended that the Secretary of the Interior clarify how and when critical habitat should be designated and identify if any policy, regulatory, or legislative changes are required to enable the department to make better informed designations. FWS has not responded to our recommendation. Close

• 3. [Image] Federal Register - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Klamath River and Columbia River Populations of Bull Trout

  	We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Klamath River and Columbia River populations of bull trout {Salvelinus confluentus) pursuant to the Endangered Species ...
  	Citation × Citation Citation Abstract Copy Title: Federal Register - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Klamath River and Columbia River Populations of Bull Trout Year: 2004, 2008, 2005 We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Klamath River and Columbia River populations of bull trout {Salvelinus confluentus) pursuant to the Endangered Species Act of 1973, as amended (Act). For the Klamath River and Columbia River populations of bull trout, the critical habitat designation includes approximately 1,748 miles (mi) (2,813 kilometers (km)) of streams and 61,235 acres (ac) (24,781 hectares (ha)) of lakes and marshes. We solicited data and comments from the public on all aspects of the proposed rule, including data on economic and other impacts of the designation Title: Federal Register - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Klamath River and Columbia River Populations of Bull Trout Year: 2004, 2008, 2005 We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the Klamath River and Columbia River populations of bull trout {Salvelinus confluentus) pursuant to the Endangered Species Act of 1973, as amended (Act). For the Klamath River and Columbia River populations of bull trout, the critical habitat designation includes approximately 1,748 miles (mi) (2,813 kilometers (km)) of streams and 61,235 acres (ac) (24,781 hectares (ha)) of lakes and marshes. We solicited data and comments from the public on all aspects of the proposed rule, including data on economic and other impacts of the designation Close