The
Governance Committee of the Platte River Cooperative Agreement
The
Endangered Species Act & Endangered Species
Background
on the Endangered Species Act
1.
What does the Endangered Species Act say?
The
Endangered Species Act of 1973 requires all Federal agencies to
use their authorities to conserve threatened and endangered species.
In its preamble, the Congress stated that endangered species of
fish, wildlife, and plants “are of esthetic, ecological, educational,
historical, recreational, and scientific value to the Nation and
its people.” Congress summarized arguments advanced by scientists,
conservationists, and others who are greatly concerned by the disappearance
of unique creatures, and stated its intent to provide a mechanism
to conserve the ecosystems upon which endangered and threatened
species depend in order to prevent their extinction.
The
U.S. Fish and Wildlife Service (FWS) in the Department of the Interior
and the National Marine Fisheries Service (NMFS) in the Department
of Commerce share responsibility for administration of the Act.
Generally, the NMFS deals with those species occurring in marine
environments and anadromous fish, while the FWS is responsible for
terrestrial and freshwater species and migratory birds.
The
Act has several major sections, most with implementing regulations,
that describe the process for listing species as federally threatened
or endangered (including their critical habitat); the recovery process
for improving the status of listed species and their habitats so
they can be taken off the endangered species list; procedures for
federal agencies to consult with FWS or NMFS when an activity authorized,
funded or carried out by a federal agency “may affect”
a listed species; prohibitions for taking a listed species; permits
required to use listed species for scientific purposes or for purposes
that may result in incidental taking of a listed species; and penalties
for violating provisions of the Act.
2.
How are major provisions of the Act carried out?
Listing
-- The FWS maintains lists of “threatened” and “endangered”
species. A species may be classified for protection as “endangered”
when it is in danger of extinction within the foreseeable future
throughout all or a significant portion of its range. A “threatened”
classification is provided to those animals and plants likely to
become endangered within the foreseeable future throughout all or
a significant portion of their ranges. When a species is proposed
for listing, the public is offered an opportunity to comment. Once
listed, a species is given the full regulatory protections of the
Act.
Recovery
-- The ultimate purpose of the Act is to save species from extinction.
The FWS’s goal is to recover listed species and remove them
from the list. To do so, FWS develops recovery plans.
Even
experts initially may have an incomplete understanding of the cause
of a species’ decline, which makes it difficult to design
an effective plan for recovering the species. Research can usually
identify the problem, but this takes time. Once the causes of decline
have been correctly identified, and a recovery plan prepared, recovery
may not begin immediately because of social or economic obstacles,
including lack of sufficient funding. Typically, species recovery
is a gradual process that may take years, or even decades, as it
is often difficult to reverse all the threats affecting the species
for the length of time it has taken to list the species.
Consultation
-- Under section 7 of the Act, all federal agencies must consult
with FWS (or NMFS if appropriate) when any activity permitted, funded
or carried out by that agency may affect a listed (or proposed)
species or designated (or proposed) critical habitat. Formal “section
7 consultations” result in FWS issuing a “biological
opinion” as to whether the proposed federal action is likely
to jeopardize a listed species. If so, FWS identifies “reasonable
and prudent alternatives” (if possible) to the proposed action
which would avoid jeopardy.
Taking
-- Section 9 of the Act prohibits “take” of a federally
listed animal without appropriate authorization. “Take”
is defined, in part, as “killing, harming, or harassment”
of a federally listed species.
3.
The following are some general statistics provided by FWS regarding
endangered species nationwide as of October 31, 1998:
a.
How many species in the United States are listed as federally threatened
and endangered?
(1) 701 species of plants and 474 species of animals are listed.
(2)
36 species of plants and 26 species of animals have been proposed
for listing.
b.
How many listed species have designated critical habitat?
(1)
120 species have designated critical habitat.
(2)
9 species have proposed critical habitat designations.
c.
How many candidate species are there?
(1)
83 species of plants are FWS candidates for listing.
(2)
6 species of animals are FWS candidates for listing.
d.
How many consultations have been conducted under section 7 of the
Act?
According
to FWS records for fiscal years 1987 through 1995:
(1) Approximately 186,000 federal actions were reviewed for impacts
to listed species.
(2) 5,046 formal consultations were initiated (2.7% of all federal
actions).
(3) 600 jeopardy biological opinions were issued (0.3% of all federal
actions).
(4) Of the 600 jeopardy biological opinions, the FWS identified
reasonable and prudent alternatives for all but 100 projects (0.05%
of all federal actions). Of the 100 jeopardy biological opinions
issued without reasonable and prudent alternatives, all but 13 were
related to timber sales in the Pacific Northwest.
e.
How many listed species have approved recovery plans?
878
species have approved recovery plans.
f.
How many listed species have recovery plans under development?
271
species have recovery plans under development.
What
is FWS’s view of the current situation for endangered species
in the Central Platte area?
1.
What are the species of concern?
Four
“target species” of particular concern are to be addressed
by the proposed Program’s efforts in the Central Platte region:
• whooping crane - federally classified as endangered.
• least tern - federally classified as endangered.
• piping plover - federally classified as threatened.
• pallid sturgeon - federally classified as endangered.
Other
endangered and more common species present in the area, or which
migrate through the area, are also expected to benefit by the proposed
Program.
Whooping
Cranes
a.
When, where, how and how often do whooping cranes use habitat in
the Central Platte region?
Whooping
cranes migrate through Nebraska in late March and April on their
way to Wood Buffalo National Park in Canada to nest, and from mid-October
to late November returning to winter at Aransas National Wildlife
Refuge along the Texas coast. Stopovers by migrating cranes in the
Platte River area vary from overnight to a few weeks in duration,
with longer visits generally in the spring. The Platte River area
is one of the most heavily used migration stopover points. Since
1988 an average of eight whooping cranes per year have been confirmed
roosting on the Platte River and total use is likely greater because
of the difficulties in locating and observing birds at roost sites.
The cranes roost in shallow water of marshes, flooded fields, ponds,
and rivers and generally select sites with wide, open views isolated
from human disturbance. They forage in adjacent cropland, grassland,
and wet meadows for aquatic animals, plant tubers, and waste grain.
A
56-mile-long by three-mile-wide stretch of the Platte River’s
Big Bend Reach between Lexington and Denman was federally designated
as Critical Habitat for the whooping crane in 1978 and is given
special protection under the Endangered Species Act.
b.
What is the status of the whooping crane compared to its recovery
goals?
The
Aransas-Wood Buffalo whooping crane population is the species’
only wild migratory flock. It is experiencing a gradual positive
population trend overall, although some years exhibit stationary
or negative results. As of January 1999, it included 183 individual
cranes. The FWS’s Recovery Plan goals to reclassify the species
as “threatened” rather than “endangered”
are 90 nesting pairs in three separate populations, 1,000 individuals
in the Aransas-Wood Buffalo flock, and maintenance of these levels
for 10 consecutive years.
Interior
Least Terns and Piping Plovers
a.
When, where, how and how often do interior least terns and piping
plovers use habitat in the Central Platte area?
The
interior least tern and Northern Great Plains population of piping
plover nest along the central Platte River wherever suitable habitat
is available. The birds typically arrive in early May and remain
through August. Both species nest on the river on dry, flat, sparsely
vegetated sand or gravel bars, often surrounded by a wide, unobstructed,
water-filled channel. These birds have also colonized sand and gravel
pits, dredged islands and reservoir shorelines. Foraging habitat
in and along the river or other bodies of water is essential since
the least tern’s diet is mainly small minnows. The piping
plover primarily eats invertebrates living in the moist sand along
the water’s edge.
b.
What is the status of the interior least tern and piping plover
compared to their recovery goals?
In
1996, there were approximately 5,776 adult least terns observed,
of which 1,022 were in Nebraska, with 446 along the Platte River.
The FWS’s Recovery Plan goals are a population of 7,000 birds,
with 750 breeding birds along the Platte River. The populations
must be stable for 10 years after reaching these levels before reclassifying
the species would be considered.
In
1996, there were 3,026 piping plovers counted in the Northern Great
Plains population (United States and Canada). There were 1,339 birds
counted in the United States, with 366 individuals counted in Nebraska,
of which 203 were along the North and South Platte and Platte Rivers.
Counting
“pairs” of birds is more difficult because of the possibility
of not seeing all of the nests. Therefore, the number of pairs reported
should be considered conservative and may not necessarily be double
the number of individuals counted. With this in mind, there were
91 piping plover pairs observed along the North and South Platte
and Platte Rivers (including sand pit sites and the shore of Lake
McConaughy). Twenty-four pairs of piping plovers were counted along
the central Platte River.
The
FWS’s Recovery Plan goals are 1,300 breeding pairs in the
United States, with 140 breeding pairs along the Platte River. Populations
must remain stable for 15 years after reaching these levels before
reclassifying the species would be considered.
Pallid
Sturgeon
a.
When, where, how and how often do pallid sturgeon use Platte River
habitat?
The
pallid sturgeon lives and feeds near the bottom of large, turbid
rivers which carry large amounts of silt, sand, and organic matter
and provide the variety of depths, water velocities, and bottom
structures to offer nursery, spawning, and foraging areas. Because
of extensive water development, much of the species’ historic
range no longer provides suitable habitat for the pallid sturgeon.
Between 1980 and 1997, 12 pallid sturgeon were identified in the
lower Platte River between the mouth of the Elkhorn River and the
Missouri River near the Platte River confluence.
b.
What is the current status and trends for pallid sturgeon compared
to their recovery goals?
Pallid
sturgeon observations show a downward trend in population. An average
of 50 pallids were observed each year in the 1960s, 21 each year
in the 1970s, and only six each year in the 1980s. It has been estimated
that there are between 320 to 640 pallid sturgeon in the Missouri
River isolated above the Gavins Point Dam, and 1,500 to 6,000 below
Gavins Point, including the area near the mouth of the Platte River.
Estimates for the Mississippi River range from 6,300 to 16,600 pallids.
The
FWS’s 1993 Recovery Plan states that de-listing may be considered
when pallid sturgeon are reproducing naturally in the wild and populations
are stable and self-sustaining within each of six specified priority
areas, including the area near the mouth of the Platte River.
2.
How has the habitat of the four target species has been adversely
affected?
A
reduction in total flows and changes in the timing of flows have
allowed the river channels to become narrower, more stable and more
vegetated in the central Platte. As a result, there is now less
wide channel and bare sandbar habitat than previously existed. Flow
changes may also have affected the availability of the turbid, high
flow conditions preferred by the pallid sturgeon in the lower Platte.
3.
What if a threatened or endangered species is found on my property?
Are there restrictions on how I can use my land?
Federally
listed species are protected by the ESA and should not be harmed
or bothered in any way. Harm or other forms of harming a protected
species can amount to a “taking” of the species under
the ESA and there are penalties for actions that constitute such
a “taking.” In the case of migrating whooping cranes
or nesting least terns and piping plovers, you should keep your
distance and not approach the birds or their nests. Landowners should
be able to conduct normal agricultural activities without disturbing
these birds or their nesting sites. If a landowner proposes a project
that requires federal funds or permits, the ESA requires the agency
approving those funds or permits to check with the FWS before proceeding.
The FWS would then advise the landowners regarding ways to reduce
the impact to the affected species without changing the purpose
of the proposed project.
4.
Who can answer my questions about the endangered species of concern?
The
Fish and Wildlife Service and other participants in the Cooperative
Agreement process have considerable detailed information about the
target species. A primary contact for specific information on these
species would be the Grand Island Field Office of the FWS. Their
phone number is (308) 382-6468. Press “0” for the receptionist,
who can direct your call to the appropriate staff person. Their
address is: U.S. Fish and Wildlife Service, 203 West Second Street,
Federal Building, Grand Island, Nebraska 68801. In addition, other
agencies and organizations (i.e., Nebraska Game and Parks Commission,
the public power and irrigation districts and conservation organizations)
have significant information and expertise on these species.
For
more information about the Cooperative Agreement, visit http://www.platteriver.org
Other
Related Articles:
(Note:
Some statements in this article do not reflect the position of The
Central Nebraska Public Power and Irrigation District.) |
