Conservation, or
Curation?
By JOHN A. VUCETICH and MICHAEL
PAUL NELSON
THE United States Fish
and Wildlife Service —
the main agency for the
conservation of species —
recently announced a
new interpretation of the
Endangered Species Act
that severely limits its
reach and retreats from
the conservation ethic
that healthy landscapes
depend on native
plants and animals.
The law says that a species qualifies
for protection
if it is in danger of extinction
“throughout all or a
significant portion of its range.”
A species does
not need to be at risk of
extinction everywhere
it lives if it is endangered
in a significant portion
of its range. But what is
“significant”? And how
is “range” defined?
Now, under a policy that
took effect July 31,
the agency has provided
answers. The law’s
protections, for practical
purposes, will be
applied only if a species
is at risk of extinction
in a vital (read, significant)
portion of its range
where its loss would put
the entire species at
risk of extinction. And the
concept of range no
longer takes into account
its historical
distribution but defines
the concept in terms
of where the species is
found now.
This means that as long as a small,
geographically isolated population
remains viable, it won’t matter if the
animal or plant in question has
disappeared
across the vast swath of its former
habitat.
It won’t qualify for protection.
This interpretation threatens to
reduce
the Endangered Species Act to a
mechanism that merely preserves
representatives of a species, like
curating rare pieces in a museum.
Also likely to suffer are efforts to
protect or repopulate areas where
endangered species once lived.
Imagine if this new approach had
been in place when the bald eagle
was being considered for protection
in the 1970s. Arguably, the national
bird might never have been listed as
endangered in most of the lower 48
states, even though it had virtually
been extirpated by illegal hunting
and the pesticide DDT. Why? Because
a healthy population of bald eagles
remained in Alaska and Canada.
Today, the return of the bald eagle is
one of the great successes of the
Endangered Species Act. The bird
is flourishing in the very areas where
it had been wiped out and reasserting
its position in the ecological order that
was disrupted by its absence. This was
accomplished in part by using the
uthority in the law to protect nesting
sites and summer and winter roost
sites and to reintroduce the bird i
nto its historical range.
(The Fish and Wildlife Service says
it still would have protected the bald
eagle under this new interpretation.
Nevertheless, a case could have been
made to withhold the law’s safeguards
once the bird was no longer at risk of
extinction outright.)
More recently, other threatened
animals haven’t been so lucky.
In cases involving the gray wolf,
wolverine and swift fox, the agency,
employing the logic of this new policy
to guide it, decided or proposed to
remove or withhold protections for
those animals after concluding there
was no risk that they would go extinct.
Never mind that they had vanished
from much of the territory they once
inhabited. (The gray wolf, which is in
the administrative process of losing
its protection under the law, had
been lost from 85 percent of its range
but securely inhabits the last 15
percent.) The agency reasoned that
there were enough of these animals
left in their much-diminished range
to survive.
Several years
ago, the Fish
and Wildlife
Service and
a sister agency,
the National
Marine Fisheries
Service, began
developing a
uniform policy for interpreting that
key phrase in the Endangered
Species Act — the
line that says
that a species must
be at risk “throughout
all or a significant
portion of its range”
to qualify for protection.
Uncertainty over the
meaning of that phrase
and government decisions
based on varying
interpretations
had led to controversy
and litigation.
The two agencies call their
reading
of the law a “reasonable
interpretation,”
although they acknowledge
that
“there is no single best
interpretation.”
In fact, their reading is
especially
narrow and possibly
contrary to
Congress’s intent when
it passed
one of the nation’s most
important
conservation laws. A more
appropriate
interpretation of range
would be those
portions of a species’
historical
distribution that are suitable
or
that can feasibly be made
suitable,
by mitigating or removing
the threats
that had caused the species’
decline.
If the purpose of conservation
is
merely to preserve the fewest
possible members of a species,
then this new policy might be
adequate. But this approach
amounts to a retreat from two
conservation aspirations that
had long animated the law: first,
to mitigate harms that humans
had perpetrated against certain
species, such as severely reducing
their geographic range; and second,
to make it possible for species to
return to landscapes where they
had been extirpated. The idea was
that healthy ecosystems depend
on the presence of native species.
Since taking effect in 1973, the law
has been instrumental in saving
many species from extinction,
including the California condor,
American crocodile, whooping
crane and black-footed ferret.
Some 1,400 plants, animals and
fish are now on the list.
This new approach does not
mean that endangered species
won’t still be saved. But it falls
far short of the conservation
aspirations the law once
embodied. This new policy
will result in a world for our
children even more diminished
than the one we live in.
By JOHN A. VUCETICH and MICHAEL
PAUL NELSON
PAUL NELSON
and Wildlife Service —
conservation of species —
new interpretation of the
that severely limits its
the conservation ethic
depend on native
for protection
“throughout all or a
A species does
extinction everywhere
in a significant portion
“significant”? And how
took effect July 31,
answers. The law’s
purposes, will be
is at risk of extinction
portion of its range
the entire species at
concept of range no
its historical
the concept in terms
found now.
disappeared
habitat.
reduce
(The Fish and Wildlife Service says
ago, the Fish
and Wildlife
Service and
a sister agency,
the National
Marine Fisheries
Service, began
developing a
uniform policy for interpreting that
key phrase in the Endangered
Species Act — the
line that says
that a species must
be at risk “throughout
all or a significant
portion of its range”
to qualify for protection.
Uncertainty over the
meaning of that phrase
and government decisions
interpretations
and litigation.
reading
interpretation,”
that
interpretation.”
especially
contrary to
it passed
important
appropriate
would be those
historical
or
suitable,
the threats
decline.
is
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