[Congressional Record Volume 149, Number 42 (Monday, March 17, 2003)]
[Senate]
[Pages S3766-S3768]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENDANGERED SPECIES ACT REFORM
Mr. THOMAS. Mr. President, I will talk a moment about an issue that
has been important to Wyoming and to the entire country. As in many
cases, the things we do here and the national laws we pass have
different effects in different places. Wyoming, being a rather large
State, a rural State, is 50 percent owned by the Federal Government.
When we talk about endangered species, the program works much
differently than it does in Delaware. There needs to be a certain
amount of flexibility, as is the case with many things we do.
I am for endangered species acts. It is proper we have programs that
protect various endangered species, whether they be plants or animals.
That should continue. However, we have been in this program now since
about 1970 and there are, from our experience, changes we ought to
consider. I am convinced this program needs some kind of change.
Unfortunately, the results we have had are not the kind of results we
intended. There has been a large amount of listing of endangered
species but very little recovery. Of course, the purpose, the bottom
line, is intended to protect special species and to recover them so
they are self-supporting. We are hopeful we can strengthen the program
to some degree so we can emphasize the recovery rather than simply the
listing. The listing has an impact, particularly where there are
interspersed private and public lands. What is done in public lands
affects those on private lands.
Because of the way lands were developed in the West with the
Homestead Act, part of the lands were homesteaded and are now private.
Those that were public are used by those folks with leases and they
intermingle. It is an overlapping issue.
We have had several experiences in our State and particularly with
the States surrounding Yellowstone Park--Idaho, Montana, and Wyoming--
particularly with grizzly bears. Everyone recognizes the importance and
wants to maintain the grizzly bear. They were developed in the park to
refurbish them. We have long since, several years ago, surpassed the
numbers in the plan for total recovery numbers, but they are still not
de-listed; they are still listed and treated as endangered because we
cannot come together on what the range ought to be. We cannot figure it
out to get them de-listed.
The same thing is true with wolves. We have wolves that were there
years ago and they left. The Park Service reimported them from Canada
and put them in Yellowstone Park. We knew they would not stay in
Yellowstone Park and, of course, they did not. We have the same sort of
problem with a predatory animal that is now in Wyoming, Montana, and
Idaho, and it is managed as an endangered species. For people who have
property at risk, sometimes even humans at risk, there is not much that
can be done as long as these critters are endangered.
We seek to get a plan so they can be endangered in Yellowstone Park,
but the States surrounding can have a plan to manage the animals so
there is some
[[Page S3767]]
control. We need to shift it. Under the program that very seldom
happens.
This program has been around for about 30 years. Most people would be
surprised to know there has been over 1,000 animal species and 750
plant species that have been listed under the act. There have been only
about 15 animals recovered. The emphasis has been on the listing, and
continuing to be listed, rather than to find a way to get them
recovered, which is what it is all about.
My bill would continue to have the program and would strengthen the
program rather than weaken it. It did two fairly basic things. One, it
requires in the listing process there be substantive and substantial
scientific information. Animals can currently be listed easily by
nomination, sometimes without sufficient documentation of the facts.
That is clear with the so-called jumping mouse in eastern Wyoming.
After it was listed, no one could find evidence it was actually there.
So there really was not any scientific and useful evidence before being
listed. That ought to be changed.
In addition, when there is a listing, there has to be a plan for
recovery. So the range of the animal or plant is known. We know the
numbers, and when appropriate, they will be de-listed.
I introduced a bill now before the Congress. I hope we can take it up
in the Committee on Environment and Public Works. Senator Craig and
Senator Hagel are currently cosponsors. We are circulating materials
and have quite a bit of support. Interestingly enough, the group that
was in my office last week that represents shopping centers was very
much in favor of this bill. I was pleased but surprised.
This impacts local land owners and public land managers and impacts
communities and State governments particularly. We can make the program
useful but also workable for the people who live in the area.
We have listed over 1,800 species, including plants and animals, and
there have been only 15 recoveries. There is something wrong with that.
We need to look at that. Hopefully, we will have a chance to make some
changes in the committee and in the Senate.
I ask unanimous consent to have printed in the Record some pertinent
information.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Fish & Wildlife Service: Threatened and Endangered Species System
(TESS)--Listings by State and Territory as of March 4, 2003
wyoming
Notes:
Displays one record per species or population.
Includes experimental populations and similarity of
appearance listings.
The range of a listed population does not extend beyond the
states in which that population is defined.
Includes non-testing sea turtles and whales in State/
Territory coastal waters.
Includes species or populations under the sole jurisdiction
of the National Marine Fisheries Service.
Animals--14
Bear, grizzly lower 48 States, except where listed as an
experimental population (Ursus arctos horribilis);
Crane, whooping (except where XN) (Grus americana);
Crane, whooping U.S.A. (CO, ID, FL, NM, UT, and the western
half of Wyoming) (Grus americana);
Dace, Kendall Warm Springs (Rhinichthys osculus thermalis);
Eagle, bald (lower 48 States) (Haliaeetus leucocephalus);
Ferret, black-footed (except where XN) (Mustela nigripes);
Ferret, black-footed U.S.A. (specific portions of AZ, CO,
MT, SD, UT, and WY, see 17.84(g)) (Mustela nigripes);
Lynx, Canada (lower 48 States DPS) (Lynx canadensis);
Mouse, Preble's meadow jumping (Zapus hudsonius preblei);
Pikeminnow (=squawfish), Colorado (except Salt and Verde R.
drainages, AZ) (Ptychocheilus lucius);
Sucker, razorback (Xyrauchen texanus);
Toad, Wyoming (Bufo baxteri (=hemiophrys));
Wolf, gray (lower 48 States, except MN and where XN;
Mexico) (Canis lupus); and
Wolf, gray [XN] (Canis lupus).
Plants--4
Butterfly plant, Colorado (Guara neomexicana var.
coloradensis);
Penstemon, blowout (Penstemon haydenii);
Ladies'-tresses, Ute (Spiranthes diluvialis); and
Yellowhead, desert (Yermo xanthocephalus).
General Statistics for Endangered Species: Data Current as of March 15,
2003
How many species in the United States are listed as
threatened and endangered or proposed for listing as
threatened or endangered?
517 U.S. species of animals are listed.
745 U.S. species of plants are listed.
29 U.S. species of animals are currently proposed for
listing.
4 U.S. species of plants are currently proposed for
listing.
How many listed species have designated critical habitat?
410 U.S. species have designated critical habitat.
How many candidate species are there?
117 species of animals are candidate species.
140 species of plants are candidate species.
How many habitat conservation plans (HCPs) have been
approved?
415 habitat conservation plans have been approved.
How many listed species have approved recovery plans?
1,000 species have approved recovery plans.
Threatened and Endangered Species System (TESS)
SUMMARY OF LISTED SPECIES--SPECIES AND RECOVERY PLANS AS OF MARCH 3, 2003
----------------------------------------------------------------------------------------------------------------
Endangered Threatened U.S.
------------------------------------ species
Group Total with
U.S. Foreign U.S. Foreign species recovery
plans**
----------------------------------------------------------------------------------------------------------------
Mammals.................................................. 65 251 9 17 342 53
Birds.................................................... 78 175 14 6 273 77
Reptiles................................................. 14 64 22 15 115 32
Amphibians............................................... 12 8 9 1 30 14
Fishes................................................... 71 11 44 0 126 96
Clams.................................................... 62 2 8 0 72 57
Snails................................................... 21 1 11 0 33 22
Insects.................................................. 35 4 9 0 48 29
Arachnids................................................ 12 0 0 0 12 5
Crustaceans.............................................. 18 0 3 0 21 13
------------------------------------------------------
Animal Subtotal........................................ 388 516 129 39 1072 398
======================================================
Flowering Plants......................................... 570 1 144 0 715 572
Conifers and Cycads...................................... 2 0 1 2 5 2
Ferns and Allies......................................... 24 0 2 0 26 26
Lichens.................................................. 2 0 0 0 2 2
------------------------------------------------------
Plant Subtotal......................................... 598 1 147 2 748 602
======================================================
Grand Total............................................ 986 517 276 41 1820* 1000
----------------------------------------------------------------------------------------------------------------
Total U.S. Endangered--986 (388 animals, 598 plants).
Total U.S. Threatened--276 (129 animals, 147 plants).
Total U.S. Species--1262 (517 animals***, 745 plants).
*There are 1851 total listings (1288 U.S.). A listing is an E or a T in the ``status'' column of 50 CFR 17.11
or 17.12 (The Lists of Endangered and Threatened Wildlife and Plants). The following types of listings are
combined as single counts in the table above: species listed both as threatened and endangered (dual status),
and subunits of a single species listed as distinct population segments. Only the endangered population is
tallied for dual status populations (except for the following: olive ridley sea turtle; for which only the
threatened U.S. population is tallied). The dual status U.S. species that are tallied endangered are: chinook
salmon, gray wolf, green sea turtle, piping Plover, roseate tern, sockeye salmon, steelhead, Steller sea-lion.
The dual status foreign species that are tallied as endangered are: argali, chimpanzee, leopard, saltwater
crocodile. Distinct population segments tallied as one include: California tiger salamander, chinook salmon,
chum salmon, coho salmon, steelhead. Entries that represent entire genera or families include: African
viviparous toads, gibbons, lemurs, musk deer, Oahu tree snails, sifakas, uakari.
** There are 561 distinct approved recovery plans. Some recovery plans cover more than one species, and a few
species have separate plans covering different parts of their ranges. Recovery plans are drawn up only for
listed species that occur in the United States.
*** Nine animal species have dual status in the U.S.
[[Page S3768]]
Threathened and Endangered Species System (TESS)
DELISTED SPECIES REPORT AS OF MARCH 15, 2003
----------------------------------------------------------------------------------------------------------------
Date species
first listed Date delisted Species name Reason delisted
----------------------------------------------------------------------------------------------------------------
03/11/1967....... 06/04/1987....... Alligator, American (Alligator Recovered.
mississippiensis).
02/17/1984....... 02/06/1996....... Bidens, cuneate (Bidens cuneata)...... Taxonomic revision.
04/28/1976....... 08/31/1984....... Butterfly, Bahama swallowtail Act amendment.
(Heraclides andraemon bonhotei).
10/26/1979....... 06/24/1999....... Cactus Lloyd's hedgehog (Echinocereus Taxonomic revision.
lloydii).
11/07/1979....... 09/22/1993....... Cactus, spineless hedgehog Not a listable entity.
(Echinocereus triglochidiatus var.
inemis.
09/17/1980....... 08/27/2002....... Cinquefoil, Robbins' (Potentilla Recovered.
robbinsiana).
03/11/1967....... 09/02/1983....... Cisco, longiaw (Coregorus alpenae).... Extinct.
06/02/1970....... 09/12/1985....... Dove, Palau ground (Gallicolumba Recovered.
canifrons).
03/11/1967....... 07/25/1978....... Duck, Mexican (U.S.A. only) (Anas Taxonomic revision.
``diaz'').
06/02/1970....... 08/25/1999....... Falcon, American peregrine (Falco Recovered.
peregrinus anatum).
06/02/1970....... 10/05/1994....... Falcon, Arctic peregrine (Falco Recovered.
peregrinus tundrius).
06/02/1970....... 09/12/1985....... Flycatcher, Palau fantail (Rhipidura Recovered.
lepida).
04/30/1980....... 12/04/1987....... Gambusia, Amistad (Gambusia Extinct.
amistadensis).
04/29/1986....... 06/18/1993....... Globeberry, Tumamoc (Tumamoca New information discovered.
macdougalii).
03/11/1967....... 03/20/2001....... Goose, Aleutian Canada (Branta Recovered.
canadensis leucopareia).
10/11/1979....... 11/27/1989....... Hedgehog cactus, purple-spined Taxonomic revision.
(Echinocereus engelmanni var.
purpureus).
12/30/1974....... 03/09/1995....... Kangaroo, eastern gray (Macropus Recovered.
giganteus).
12/30/1974....... 03/09/1995....... Kangaroo, red (Macropus rufus)........ Recovered.
12/30/1974....... 03/09/1995....... Kangaroo, western gray (Macropus Recovered.
fuliginosus).
04/26/1978....... 09/14/1989....... Milk-vetch, Rydberg (Astragalus Recovered.
perianus).
06/02/1970....... 09/12/1985....... Owl, Palau (Pyroglaux podargina)...... Recovered.
06/14/1976....... 01/09/1984....... Pearlymussels Sampson's (Epioblasma Extinct.
sampsoni).
06/02/1970....... 02/04/1985....... Pelican, brown (U.S. Atlantic coast, Recovered.
FL, AL) (Pelecanus occidentalis).
07/13/1982....... 09/22/1993....... Pennyroyal, Mckittrick (Hedeoma New information discovered.
apiculatum).
03/11/1967....... 09/02/1983....... Pike, blue (Stizostedion vitreum Extinct.
glaucum).
10/13/1970....... 01/15/1982....... Pupfish, Tecopa (Cyprinodon nevadensis Extinct.
calidae).
09/26/1986....... 02/28/2000....... Shrew, Dismal Swamp southeastern New information discovered.
(Sorex longirostris fisheri).
03/11/1967....... 12/12/1990....... Sparrow, dusky seaside (Ammodramus Extinct.
maritimus nigrescens).
06/04/1973....... 10/12/1983....... Sparrow, Santa Barbara song (Melospiza Extinct.
melodia graminea).
11/11/1977....... 11/22/1983....... Treefrog, pine barrens (FL pop.) (Hyla New information discovered.
andersonii).
09/13/1996....... 04/26/2000....... Trout, coastal cutthroat (Umpqua R.) Taxonomic revision.
(Oncorhynchus clarki clarki).
06/14/1976....... 02/29/1984....... Turtle, Indian flap-shelled (Lissemys Erroneous data.
punctata punctata).
06/02/1970....... 06/16/1994....... Whale, gray (except where listed) Recovered.
(Eschrichtius robustus).
----------------------------------------------------------------------------------------------------------------
The PRESIDING OFFICER (Mrs. Dole). The Senator from New Mexico.
Mr. BINGAMAN. What is the order?
The PRESIDING OFFICER. The time for morning business is equally
divided. The minority controls 28 minutes 19 seconds.
Mr. BINGAMAN. Madam President, I ask I be allowed to speak for up to
10 minutes as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________