[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.

                          ____________________