Species Protection Act
'Broken'
A top Interior official says the law should be revised to
give economic and other interests equal footing with endangered animals and
plants.
By Julie Cart, Times Staff Writer
SANTA BARBARA A senior
official of the U.S. Interior Department, in a wide-ranging critique of the
Endangered Species Act, said Thursday that the needs of an expanding
population, agriculture interests and burgeoning development in the West should
be given equal consideration with endangered plants and animals. Attending an
endangered species conference in Santa Barbara, Assistant Secretary of Interior
Craig Manson criticized the critical-habitat provision of the law, which limits
development in areas favored by threatened species, saying such designations
aren't necessary for the perpetuation of many plants and animals. Manson
oversees the U.S. Fish and Wildlife Service, the agency responsible for
enforcing the Endangered Species Act. In an interview before his speech here,
Manson said the 30-year-old environmental law is "broken" and should no longer
be used to give endangered plants and animals priority over human needs. "The
problem is the act was not written with a great deal of flexibility," he said,
adding that the interests of developers and private property owners in some
cases should prevail over endangered species. "There are so many things we did
not anticipate 30 years ago. It was almost written in a public policy vacuum,
without any consideration of the potential impacts of the act on larger and
different issues. We didn't anticipate the potential conflicts. We have to
recognize that, A, we can't protect everything, and, B, we have to carefully
examine whether we should try to protect everything, and at what cost?" But
former Interior Secretary Bruce Babbitt, who also was a speaker Thursday, was
sharply critical of the Bush administration's stewardship of endangered and
threatened species. "There is nothing wrong with the Endangered Species Act. It
works," said Babbitt, who served during the Clinton administration. "The
problem is this administration is not enforcing it and it doesn't want it to
work. They want it to fail." Babbitt said the act can be highly flexible,
citing a compromise involving the San Francisco Bay delta. There, state and
federal officials came up with a plan for diverting water to San Joaquin Valley
farmers and Southern California city dwellers that left enough to sustain
native fish in the delta. Babbitt said the agreement is a model of how the act
can foster positive change. But Babbitt agreed with Manson on critical habitat,
saying the statute could be struck down today with "no real-world
consequences," noting that habitat provisions lie elsewhere in the act. The
Bush administration has placed fewer plants and animals on the endangered
species list than any other in the act's 30-year history. Bush has listed 20
species since taking office. President Clinton listed 211 during his first
three years in office. Conservationists note that none of the listings made
during Bush's tenure were done voluntarily by the Fish and Wildlife Service.
All came as a result of lawsuits or petitions from private groups. This week,
the Senate passed a bill that would exempt military bases from some sections of
the act, including the critical-habitat provision. Manson said he supports the
bill. Manson, a former California Superior Court judge, served six years as
general counsel for the California Department of Fish and Game. In a recent
interview with The Times, Manson questioned the wisdom of extreme efforts to
stave off extinction of all species. "If we decide we are going to spend $100
million to save a species we've imperiled, why are we doing that? Are we doing
that because it serves human interests to do that? Are we doing that for the
exercise of saving something that nature can't take care of
regardless
of our efforts? If we are saying that the loss of species in and of itself is
inherently bad I don't think we know enough about how the world works to
say that." The act's purpose, he said, "is not to create a perpetual hospice
for threatened or endanged species. It's our responsibility to get them to the
point of recovery." Conservation groups are highly critical of Manson's stance
toward critical habitat, citing the Fish and Wildlife Service's own statistics
that show endangered species with critical habitat designation are twice as
likely to be improving as species without. "The reason groups like mine pursue
protection with critical habitat is that the science is absolutely clear that
species with critical habitat are doing better," said Kieran Suckling,
executive director of the Center for Biological Diversity.
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