CONFLICTS WITH ENDANGERED & THREATENED SPECIES The estimated costs in recovery plans do not reflect those costs imposed upon the private sector by implementation of the Endangered Species Act. Although these costs have not been reliably measured, they are certainly substantial. This fact is often revealed in instances of conflict between a protected species and some activity in the private sector such as developers and the California gnat catcher, Idaho ranchers and the Bruneau hot springs snail, Texas farmers and the San Marcos salamander or Southeastern forestry businesses and the red-cockaded woodpecker. The two columns below may give some indication of the likelihood that a particular activity will come into conflict with one or more of the endangered or threatened species covered by this study. The left hand column is a list of words which were searched for (including derivatives or related words/ phrases) during a review of recovery plans. The right hand column reveals the number of plans in which a particular word occurred one or more times. For example, 153 plans mentioned the word 'agriculture' or a related word at least one or more times. Therefore, it is likely that more than a third of the 388 species covered in this review are already considered in conflict with some agricultural activity or threatened by some possible agricultural activity. In addition to the listed activities, at least 236 plans called for law enforcement actions/implementation, indicating that the author(s) perceived some human activity to be in conflict with or pose a threat to an endangered species. Activity and the number of recovery plans in which it is mentioned 4 A question currently before the courts is whether habitat modification can be considered a "take" of an endangered species even though no actual effect on an individual member of an endangered species has been demonstrated. Criminal violation of the prohibition against taking an endangered species could result in fines of up to $50,000 and a jail term of one year for each violation. USFWS has warned property owners that actions such as creating firebreaks or clearing vegetation could constitute a violation of the Act. Many occurrences of this or related words and phrases were in regard to the introduction of 'exotic' or non-indigenous game fish which are cited as competitors with, causes of hybridization of or predators of a federally threatened or endangered species. This activity can encompass other activities listed elsewhere such as hunting/fishing or off-road vehicles but also includes species such as the Chittenango Overs Amber Snail and the Noonday Snail which are considered affected or potentially affected by park visitors or canoeists. COSTS THIS STUDY DOES NOT REFLECT 5 A. Decreases in property values • The vivid news scenes from last October when wildfires swept through California charring 25,000 acres and destroying 29 homes are something most Americans can easily recall. Local homeowners point out that ESA restrictions made the area more vulnerable to fire. Because of kangaroo rat habitat, many homeowners could not get permission to clear brush or build firebreaks around their homes. "My home was destroyed by a bunch of bureaucrats in suits and so-called environmentalists who say animals are more important than people. The only way to protect against fire is to build a firebreak, and we weren't allowed to do that," complained rancher Ishmael Garcia. Another area resident, Michael Rowe managed to save his house by creating a firebreak by discing (removing vegetation by cutting into topsoil) and clearing a section of his property between the fire and his home. Months earlier, Rowe had unsuccessfully requested permission from the Fish and Wildlife Service to build a firebreak. FWS's Carlsbad office denied having ever explicitly told Rowe or his neighbors that discing would break federal law. However, FWS's written response to Rowe's request said the proposed firebreak posed "potential endangered species conflicts" and that harm to the rat or its habitat would make him “liable for both state and federal prosecution.” B. Lost jobs as a result of restrictions imposed by the Act • During testimony to Congress, Professor Brian Gerber (one of the authors of the Forest C. Reduced or terminated business activities • Cindy and Andy Domenigoni, Sacramento farmers, have lost $75,000 of their annual gross income since 1990 because of ESA prohibitions against farming 370 of their 720 tillable acres because of protections afforded the California kangaroo rat. • Brandt Child planned to build a campground and golf course on his property in Three Lakes, Utah. The project, however, was brought to a halt when the Service declared Child's pond to be prime habitat for the endangered Kanab Ambersnail. The area was fenced off, people were no longer allowed on the pond's banks, and Child was forbidden to work in the area. He dutifully contacted FWS one day to report that a flock of domestic geese had taken up residence at his pond which might result in violations for the geese's owner if any snails were consumed. FWS requested the Utah Department of Wildlife and Resources to send someone to shoot the geese, remove their stomachs and bring the contents to Salt Lake City so they could determine how many snails had been eaten. But when a state wildlife agent and a Highway Patrolman arrived and saw newsmen and photographers, they decided not to shoot the geese. When it became clear that the press intended to stay to see what would happen, the wildlife agent decided that because the geese were domestic animals, not wildlife, he did not have jurisdiction. Later, FWS devised a new strategy which included inducing vomiting in the geese which would provide evidence of snails consumed by the gese. The results proved negative. Mr. Child has personally estimated his loss at $2,500,000. • An example of the high cost the Act can impose upon the private sector is FWS jeopardy opinion to the Shorelands Company regarding a 740 acre property known as the Baumberg Tract in the San Francisco Bay area. The property, formerly a salt harvesting facility, has salt laden clays that are barren, sterile and support no vegetation. The Service's jeopardy opinions stated that development there would endanger the California clapper rail, a hen shaped marsh bird, the California least tem, a water bird, and the salt marsh harvest mouse. However, none of these species inhabits the property and there is no suitable habitat at the site nor any prospect that suitable habitat could naturally develop. FWS jeopardy opinion stated that global warming will result in the oceans and, therefore, San Francisco Bay, rising dozens of feet and as a result existing habitat for these endangered species would be inundated and new habitat would have to be created at sites like the Baumberg Tract. After investing over $12,000,000, the company which had planned to develop the property has now filed for bankruptcy. FWS had previously identified this property as one of its top acquisition priorities. • A 37-foot draw down of Idaho's Granite Dam was conducted to test the physical impact of a plan to recover and manage the sockeye salmon. Thousands of other fish were stranded and killed, a marina went bankrupt, docks were destroyed, and half a million dollars damage was done to a road in neighboring Whitman County, Washington. According to the Director of the Port of Lewiston, physical damage to the port area reached almost $2,000,000 and business losses were over $3,000,000. Major General Harrail of the Corps of Engineers has stated that as research progresses a price tag in excess of a billion dollars "is in fact becoming a probability." D. Derivative costs such as support provided to individuals who have lost their jobs as a result of the Act • Professor William McKillop from the University of California at Berkley estimated in 1993 that the increase of unemployment compensation resulting from the implementation of the plan for the Northern Spotted Owl known as Option 9 to be $745,900,000. E. Costs to federal, state, county or city governments which result from conflict with the Act • The Act provides that all federal agencies must consult with the FWS when any activity permitted, funded or conducted by that agency may affect a listed species or designated critical habitat. If the Service determines that one of these activities may jeopardize the existence of an endangered species or its critical habitat it issues a 'jeopardy opinion' which prohibits the activity from being carried out as planned. While FWS does not issue an extraordinary number of jeopardy opinions, the Service does often provide modifications to actions which the Service terms "reasonable and prudent alternatives" in order that a party may avoid having a project blocked entirely. These alternatives can prove expensive. • An observatory construction project managed by the University of Arizona and conducted in cooperation with the Smithsonian, the Vatican and the Italian and German governments came into conflict with the federally listed Mount Graham red squirrel. The site of the controversy is the Pinaleno Mountains in Graham County, Arizona on Forest Service property. The Mount Graham red squirrel is a subspecies of the abundant, common red squirrel from which it is distinguished by such traits as being somewhat smaller than other nearby red squirrels and a "higher pitched chatter and generally narrower skull." In a GAO deposition, FWS biologist Leslie Fitzpatrick was questioned about the "reasonable and prudent alternatives" suggested by FWS so that the observatory could be constructed without jeopardizing the squirrel's existence. Ms. Fitzpatrick responded: "...There was some effort made by the Regional Office to suggest features that would FWS's annual reports on endangered species expenditures reveal that the Forest Service has spent about $800,000 on the squirrel between 1989 and 1990 alone. F. Losses of tax revenue from reduced or terminated business or property devaluation • According to the Deputy Chief Tax Appraiser in Travis County, Texas, property values decreased some $358,700,000 in 1991 due to the listing of the black-capped vireo and golden-cheeked warbler to the federal list of Endangered and Threatened Wildlife and Plants. As a result, a shortfall in tax revenue to the City of Austin was estimated at $2,100,000. G. Costs for implementing recovery plans for approximately 466 listed species which are not covered by a recovery plan in this study • 289 (plans) • $3,059,391 (average cost per plan) = $884,164,000 • 466 (species) • (average cost for these plans) • ? dollars H. Costs of recovery and other associated costs as mentioned above for approximately 3,996 candidate species, some fraction of which will be added to the Endangered Species List This fraction, estimated to be in the range of 43% to 60% of all candidates by the Inspector General's 1990 Audit Report, appears in the calculations below for percent of total candidates to be listed in the future. • (43%) 1,718 • (average cost for these plans) = ? dollars • (60%) 2,398 • (average cost for these plans) = ? dollars I. Listing and Delisting of candidate species and delisting of currently listed species • In 1990 the federal government has estimated that to list a single species costs an average of $60,000, while delisting a single species averaged $37,000—that is $97,000 (or $110,580 in 1994 dollars.) • $42,000 (dollars to delist)⚫ 853 (total number of currently listed species) = $36 Million • $110,580 (list and delist) • [(43% candidates) 1,718 to (60% candidates) 2,398] = $190-265 Million GENERAL FINDINGS During the course of reviewing the recovery plans covered by this study several other important findings were made including: Examples: A. Plans often reveal that there is little information about plants Alabama Lamp Pearly Mussel: “Other aspects of the ecology of this species are totally unknown." "The historically restricted distribution of L. virescens and lack of information about changes in various stream populations prevents a more precise determination of the reasons for the species's decline." Atlantic Green Turtle: "More information is needed before detailed distribution maps or estimates of population number and structure can be made..." "The number of nests deposited in Florida appears to be increasing, but whether this number is due to an increase in the number of nest or more thorough monitoring of the nesting beeches is uncertain." Cracking Pearly Mussel: "Because of its rarity little is known of the mussels biology." Cave Crayfish: "Sufficient data to estimate population size or trends is lacking." Desert Slender Salamander: "No information is available on the historical distribution of the desert slender salamander..." Flat-Spired Three-Toothed Snail: "We do not consider surveys to be extensive enough to provide reliable population estimates." Higgins' Eye Pearly Mussel: "The historical distribution of L. higginsi is difficult to accurately assess because of the taxonomic problems involving the species complex to which it belongs." "Numerically L. higgensi may be less rare today than previously thought, but in all probability this reflects a significantly greater collecting effort and the ability of a larger number of collectors to identify it.” Hualapai Mexican Vole: "...the subspecies is considered poorly defined owing to limited material available..." Kentucky Cave Shrimp: "The very small estimated population size of the species at the time of listing (approximately 500 individuals) made it stand out as being extremely vulnerable to extinction. Since the time of listing, new populations have been discovered... Population estimates... range from approximately 7,000 to 12,000 individuals." Knowlton Cactus: "...there is inadequate biological data for P. Knowltonii........” Louisiana Pearlshell Mussel: "...practically no information on the life history, population levels, and habitat requirements for this species..." Mona Iguana: "The status of the Mona Iguana prior to... 1972... only can be inferred.” 6 |