[Congressional Record Volume 144, Number 139 (Wednesday, October 7, 1998)]
[Senate]
[Pages S11828-S11829]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             REAUTHORIZATION OF THE ENDANGERED SPECIES ACT

  Mr. AKAKA. Mr. President, for the last year or so, both the House and 
Senate have been working on legislation that would reauthorize the 
Endangered Species Act of 1973. The Senate Environment and Public Works 
Committee has reported legislation offered by my colleague from Idaho, 
Senator Kempthorne, that would modify the Act in significant ways. 
Although it is unlikely that we will take up this bill in the short 
time remaining to us, I would like to make a few observations about the 
Endangered Species Act and what it has meant to Hawaii, home to more 
endangered species than any other state or territory within the United 
States.
  Mr. President, as legislators, we are guardians of our Nation's rich 
natural inheritance; in this capacity, we cannot afford to squander the 
ecological legacy we leave to our children. Surely, part of our concern 
for rare species and ecosystems is the simple realization that once 
they are gone, we would have failed in our stewardship responsibility. 
Hawaii is poised on the brink of irreversible ecological change, and it 
is important that wise stewardship decisions be rendered to preserve 
our unique, tropical ecosystem.
  The term ``ecosystem'' has become a political buzzword and does not 
adequately described the delicate checks and balances that make up the 
natural world. The basis of Hawaii's natural system begins not with a 
list of threatened plants and animals, but with the unique origin of 
the islands. For millions of years, lava welling out from the earth's 
mantle cooled upon the ocean floor, gradually forming the Hawaiian 
islands, one by one, a process that is ongoing even today. As one 
island moves away from the influence of a ``hot spot'' in the middle of 
the Pacific, another island is born. Each island is the peak of a 
volcanic mountain, with its base hidden far below the surface of the 
ocean. Only a few types of birds, insects, and plants were able to 
colonize the remote islands, and these few evolved into scores or even 
hundreds of unique species. The islands sheltered no large land mammals 
or reptiles, only creatures that have gradually lost their natural 
defenses against such predators.
  The Endangered Species Act is critical to this unique, insular 
ecosystem. There are, 1,126 total U.S. species listed by Fish and 
Wildlife Service under protection of the ESA, and although its islands 
represent just two-tenths of one percent of the total U.S. land area, 
Hawaii is home to more rare and endangered species than any other state 
or territory. In addition, three-fourths of the nation's now extinct 
plants and birds once existed only in Hawaii. Hawaii has an astounding 
363 listed endangered species. Only California, with 223 listed 
species, rivals Hawaii in the number of listed endangered species. The 
Pacific islands, not including Hawaii, have a total of 16 listed 
endangered species.
  The causes of Hawaiian species decline are numerous and complicated, 
but the most significant threats come from non-native animals that 
uproot and devour fragile native plants. Feral pigs, rats, and 
mongooses not only physicially destroy plants, but spread the seeds of 
aggressive alien plants such as the South American banana

[[Page S11829]]

poke vine, and small invasive trees like the Brazilian strawberry 
guava. These alien plants form thick, impenetrable monocultures that 
choke out native plants. When native plants disappear, the birds and 
insects that rely on native plants for food are also threatened. 
Diseases that kill native flora and fauna are also spread by alien 
species: birds in particular are ravaged by diseases transmitted 
through mosquitoes.
  Hawaiian plants and animals co-evolved over millions of years and 
continue to depend on each other for survival. The interdependency of 
Hawaiian insects, birds, and plants makes this ecosystem susceptible to 
rapid, irreversible change due to loss of species richness. Endangered 
species in Hawaii range from mammals such as the charismatic monk seal 
and the Hawaiian goose (also the state bird), or nene [nay-nay], to sea 
creatures like the hawksbill sea turtle and invertebrates such as the 
Oahu tree snail. There are endangered plants from 279 taxa, including 
plants with great cultural significance such as the mahoe and uhiuhi. 
Hawaii harbors at least 5,000 species as yet unknown to science as well 
as many rare species, including the wekiu bug, which has ``antifreeze'' 
in its blood, and the Wood's tree hibiscus, a small tree previously 
unknown to science, found in Kauai, with only four individuals known 
worldwide.
  I cannot stress enough that the loss of even one species may 
contribute to the decline of entire ecosystems, and barring 
unprecedented action, many species may vanish undiscovered. Along with 
the species, lost also is genetic information that could lead to new 
foods and medicines.
  Mr. President, the survival of hundreds of endangered species now 
depends on human intervention. Though gravely threatened, Hawaii's 
remaining natural treasures can be saved. Conservation of habitat, 
control and eradication of noxious introduced plants and predators, and 
enlightened resource management are the answer. Conservationists within 
Hawaii kill feral animals, erect fences to keep ungulates away from 
fragile plants, breed animals in captivity, pollinate flowers by hand, 
and destroy alien plants. We are hoping to restore and maintain healthy 
ecosystems so that Hawaii's native species have the respite and 
protection they need to survive. Thus, Hawaii is not a lost cause: more 
than a quarter of the state's land remains unspoiled. But we must 
continue in our struggle to protect rare and endangered species before 
the battle is over and our legacy to our children is robbed of species 
richness.
  Since the enactment of the Endangered Species Act of 1973, we have 
garnered important knowledge and won substantial victories across the 
country in our efforts to protect imperiled species. Eight U.S. species 
have removed from the list due to recovery and another 18 species have 
been upgraded from endangered to threatened. More importantly, at least 
half of all species listed for a decade or more are not either stable 
or improving in status.
  For example, the first group of captive-bred Mexican wolves was 
released back into the American southwest this year; California 
condors, southeastern fish, and dear to me, the Hawaiian silversword 
plant and `alala have also been re-introduced to the wild. Bird 
conservation groups in my own state have hatched eggs from 12 different 
endemic species--species that have never before been reared in 
captivity like the `akohekohe, palila, Maui parrotbill, puaiohi, 
`elepaio, and `amakihi. All of this has been accomplished in 25 years 
since the Act's passage--remarkable when considered on nature's time 
scale rather than our fast paced Congressional calendar.

  But these successful conservation efforts are not merely a result of 
Federal law. In Hawaii at least, the State legislature has enacted an 
endangered species law that is comparable, and, in some instances, 
stronger than Federal law. Last year, the State amended this law to 
allow ``take'' of endangered or threatened species when such 
authorization is issued in conjunction with a safe harbor agreement or 
habitat conservation plan. Although modelled after Federal law, the 
State amendments are more strict. For example, under the ESA, in order 
to allow for a ``take,'' the population must not decrease; however, 
under the Hawaiian statute, the likelihood of population increase must 
be proven before taking is allowed.
  Despite success on the Federal and State levels to protect and 
preserve biological diversity, Congress may next year consider 
legislation similar to the Kempthorne bill, that in its current form 
could weaken the Endangered Species Act of 1973, the Nation's most 
important law protecting endangered wildlife and wildlife habitat.
  There are many provisions of the Kempthorne bill, S. 1180, the 
Endangered Species Recovery Act of 1997, that I applaud and support. 
The bill emphasizes recovery efforts, and codifies many of the 
administration's efforts to provide incentives to landowners that are 
affected by the Endangered Species Act. The Kempthorne bill also 
expands the role of States in implementing the act, which has the 
potential to tailor species recovery efforts on a case-by-case basis, 
rather than applying a Federal cookie-cutter approach to species 
protection.
  However, there are key elements of S. 1180 that are fundamentally 
unsound. For example, the legislation would lock in Habitat 
Conservation Plans without allowing for review and adjustment. Mr. 
President, our knowledge of rare species is slow in coming; but as our 
information base grows, Habitat Conservation Plans need to change and 
grow, too, reflecting new and more complete information about the needs 
of endangered species. Imagine if our knowledge or medical science were 
similarly locked in--we would still be using leeches to bleed patients 
of ``humors.''
  In addition, the Kempthorne measure does not fully cover water 
rights, nor does it provide just compensation to property owners. It 
would also establish significant bureaucratic obstacles to listing, 
management, and recovery plans. And it offers less conservation per 
dollar appropriated.
  Our House colleague, Congressman George Miller, has put forward a 
bill that I find more consistent with the original intent of the 
Endangered Species Act. The Miller bill emphasizes recovery of species; 
steps up protection of candidate species; creates a new and important 
category of ``survival habitat'' which is designated at time of 
listing, yet also has a version of ``no surprises'' permits; and 
creates a habitat conservation fund based on performance bonds paid by 
recipients of incidental take permits. It contains extensive tax 
benefits for landowners affected by the Endangered Species Act. Most 
importantly, under the Miller legislation, the public is allowed to sue 
to enforce the terms of Habitat Conservation Plans.

  I applaud Senator Kempthorne for attempting in his legislation to 
balance the needs of private landowners against the protections we 
accord endangered species; unfortunately, I believe his bill tilts too 
far in favor of the former. However well-meaning, key provisions of the 
bill represent a backtracking on endangered species and endangered 
species habitat protection. Until these shortcomings are addressed, 
Congress should not consider altering the most important and effective 
law we have on the books for protecting our rarest forms of life.
  Mr. President, let me conclude by noting that more than any other 
state, Hawaii is teetering on the edge of no return. The Endangered 
Species Act is our ultimate safety net when the more than 150 other 
U.S. laws and international treaties fail to prevent a species from 
declining toward extinction. When measured in terms of preventing 
threatened species from going extinct, the Act has been an overwhelming 
success. I would be reluctant to support legislation, however well-
intentioned, that would reduce the effectiveness of this landmark law.
  I therefore look forward to debating reauthorization of the 
Endangered Species Act when the 106th Congress convenes. Senator 
Kempthorne and Congressman Miller have both made good starts in 
heightening concern about endangered species and in bringing to light 
the complexities of species protection and recovery. Let us build on 
their efforts next year and debate more thoroughly the requirements 
that are necessary to crafting a stronger, more effective endangered 
species law.
  I yield the floor.




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