Running head: LEGISLATION ACT PAPER
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Mark Peters and Chris Miller
Legislation Act Paper
RADM 323-Outdoor Recreation
Dr. Skibins
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Synopsis of the Act:
The Endangered Species Act (ESA) is a federal law that was put into place in 1973. Its
purpose is to protect endangered or threatened species from becoming extinct. In order for a
species to be considered “endangered,” it must be in danger of extinction throughout all or a
significant portion of its range. A species that is threatened is one that is likely to be endangered
within the near future. There are three different departments of the federal government that
administer the Endangered Species Act. These various departments include the Department of
Interior, the Department of Commerce, and the Department of Agriculture. The Department of
Interior generally deals with endangered animals while the Department of Commerce deals with
just marine animals. Lastly, the Department of Agriculture deals with plants (ESA of 1973).
The ESA promotes species recovery in different ways. The act makes it illegal to import,
export, take, possess, sell, or transport any endangered or threatened species. To add to this, the
ESA proves that the necessary survival of the species should be considered and designated as a
critical habitat. This involves the land that is currently occupied by the specific species and it is
land that is important for its present and future existence. “Taking” a certain listed species
includes any sort of destruction of a critical habitat (ESA of 1973).
The Endangered Species Act also includes a number of exceptions. An example of an
exception would include: A species may be exempted by the Endangered Species Committee if it
is an experimental population. In other words, members of an endangered or threatened species
can be released outside the of the present species’ range to further any conservation purposes.
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Other examples of exceptions include the following: incidental take by federal actions, national
security issues, hardship cases, and possession of a pre-existing historical item (ESA of 1973).
Provisions of the ESA are carried out through citizen suits. They are also enforced
through civil and criminal penalties. If a criminal violation is ruled, it may result in
imprisonment and a fine up to 50,000 dollars. A civil violation of a major provision can be a
result of a 12,000 dollar fine or even a 25,000 dollar fine. On the other hand, a minor provision,
permit, or regulation may include a 500 dollar fine. The most common cases include fish,
wildlife, or plants that are illegally taken, possessed, sold, or purchased in which would result in
confiscation. Also, if there is a criminal conviction, any equipment and vehicles that were used
in the process which violate the ESA may be confiscated (ESA of 1973).
With certain exceptions, the ESA protects any endangered or threatened species from
extinction by outlawing any activity along the lines of importing, exporting, taking, possessing,
selling, and transporting of such species along with the destruction of their critical habitat. The
Endangered Species Act’s provisions are enforced through the use of citizen suits, imprisonment,
fines, and forfeiture. There are several historical trends that have influenced the creation and/or
opposition to ESA (ESA of 1973). This act pertains to outdoor recreation. It has a lot to do with
preservation and deterring certain animals from being hunted down to keep them from
extinction. It protects outdoor recreational activities such as hiking and sight-seeing. If less and
less animals are being killed off, then there is a better chance for people to see these rare animals
in their natural habitats. It simply relates back to the idea of preservation and not altering the
animal and wildlife kingdom to the point where there is nothing left for people to enjoy.
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Historical Trends:
One historical resource based trend that many were opposed to after the creation of the
ESA was that they could no longer hunt wolves in the Americas. Although wolves are one of the
most significant animals in North America, they posed a serious problem for many people now
that they could not freely hunt them. The problem with wolves is that they kill game that are
harmful and can harm livestock which causes a dramatic effect on people’s lives. Wolves can
also grow rapidly in population and wolves can slaughter populations. People used to argue that
when the wolf population began to grow because of ESA, it also caused the elk, deer, sheep and
moose populations to take a serious decline in parts of America. Those animals that were not
killed by wolves, such as deer and elk, began to leave the areas they were living in and headed
for the harsher and tougher terrain where they would not be as vulnerable to wolf attacks. As
stated earlier, wolves played a very dramatic role in many people’s lives. Animals such as sheep,
moose, elk and deer that are primetime meals for wolves are also livestock and game for humans
that were needed for their livelihood. (Robb).
On the other side, a trend that greatly influenced the Endangered Species Act and not
opposing it was the problem of habitat destruction. Habitat destruction is one of the most
influential factors leading to the endangerment of species. “Habitat destruction has impacted
nearly every type of habitat and all ecosystems” (Protecting Native Animals and their Habitats).
There are many different types of activities that people do that result in habitat destruction.
Agriculture is a leading cause because of the total land area in the U.S. used for farming. Direct
replacement of natural habitat with fields is a main reason why habitat is affected. Agricultural
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actions can also cause pollution from pesticides and fertilizers, runoff into aquatic habitats, and
soil erosion. Agriculture as well impacts wetland, wetland habitats, forests, and prairie habitats
in particular. Urban expansion has destroyed wild habitat areas as well, and it is a leading
contributor to the endangerment of many plant species. “As with agriculture, urbanization leads
to the direct replacement of natural habitat. It also results in the depletion of local resources, such
as water, which are important to many species” (Protecting Native Animals and their Habitats).
Another destructor of habitats that affects many species is Logging. Logging can lead to major
erosion, which harm both aquatic habitats and soil (Protecting Native Animals and their
Habitats).
There are various other forms of human activity result in habitat destruction such as
grazing by domestic livestock which impact many plants and animal species that compete with
livestock. Mining terminates plant life and soil and damages habitat through pollution. Dams can
harm aquatic habitats in streams and rivers. Finally, human recreational activity results in the
destruction of natural habitat such as the use of off-road vehicles (Protecting Native Animals and
their Habitats.).
One recreation trend that influenced the creation of the Endangered Species Act was
through the creation of the Lacey Act. The Lacey Act that was enacted in 1900 was created to
prevent hunters from illegally killing wildlife game in one state and escaping prosecution by
crossing state lines. I believe this had an influence on the ESA down the road. Because off all
the game that was being killed, it influenced the idea that only certain animals could be killed
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and listed animals could not be killed. Along with these trends are the individuals who had
something to do with the act (Lacey Act).
Major people involved in the Act:
In regards to the natural resources involving the endangered species act, there was
nobody more important than President Richard Nixon. Nixon, the thirty seventh president of the
United States, signed this law on December 28, 1973. Nixon felt that it was important for the
government to fund for the protection of endangered species and to act vastly to protect them
from extinction. According to Nixon, it is worth it to preserve the rich assortment of animal life
in America. Many people value the idea such as educators, scientists and environmentalists. It
forms a large part of the culture we all share as Americans. President Nixon then proceeded to
commend Congress for helping take this step in further helping protect nature and a part of
America’s heritage. It is easily recognizable that Nixon took an ethical stands on why we should
work to conserve species in America, and it has been proven to be effective because this is a
popular law to this day with most Americans in favor (Fish and Wildlife Service).
One man that was indirectly involved with the recreation issues of this Act was
Congressman John Lacey whom the Lacey Act was named after in the House of Representatives.
With increasing activity in international and domestic wildlife trafficking, the Act has now
evolved to become an important tool to protect animals both domestically and abroad. John
Lacey would have been a supporter of the ESA and he pretty much got the ball rolling on the
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issue of killing game. Because of his actions and beliefs, it paved way for what is now the
Endangered Species Act (Lacey Act).
Relationship of Act to Outdoor Recreation:
This act can be directly related to outdoor recreation in many ways. When the Fish and
Wildlife Service (FWS) lists a species, it generally must also appoint “critical habitat,” which are
specific areas with the physical/biological attributes essential for the species’ conservation that
need special management considerations or overall protection. In addition to appointing a
critical habitat, listing usually also involves the development of a plan of attack that shows the
research and management actions that are necessary for recovering that area. Overall, managing
these critical habitats all work towards the goal of conserving the environment as much as
possible. By conserving more, it opens up vast opportunities for people to enjoy the outdoors
(Fish and Wildlife Service).
The main goal of the Endangered Species Act is to somehow “recover” a species to a
point where they no longer need the ESA’s protections and therefore can be taken off the list.
Overall, the ESA has been very successful in preventing extinctions from happening and has
been the ultimate substitute measure for saving species in cases where the management policies
of other various federal agencies have sadly contributed to the decline of the species (Fish and
Wildlife Service).
Congress imposed strict prohibitions on the “take” of endangered species, but they have
granted the secretaries of interior and commerce discretionary authority to add these prohibitions
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to threatened species. “Take” activities include things such as harassing, harming or killing.
“Harm” for a listed species is defined by regulation to include momentous habitat modification.
While the ESA can protect listed species from major harm, it does not directly sanction private
citizens to take positive conservation steps or actions concerning these species. Private
landowners can get a permit to “take” a listed species if that take is incidental to another lawful
activity. That could include things such as plowing a field or building a shopping mall. These
incidental take permits are delivered in partnership with three different types of agreements:
Habitat Conservation Plans (HCP’s), Candidate Conservation Agreements with Assurances, and
Safe Harbor Agreements (Fish and Wildlife Service).
Habitat Conservation Plans are made to reconcile land use or development with listed
species conservation. An HCP consulted with a developer, land owner, or state/local
governments interprets the foreseen effects of the proposed activities on various listed species,
involves a list of conservation measures needed to minimize and alleviate the impact of
incidental taking as much as practical, and lists the funding on hand to carry out the plan. Once
the HCP is approved, the Fish and Wildlife Services hands out an incidental take permit, which
eliminates the applicant from liability under the ESA for physical harm to a species (Fish and
Wildlife Service).
The Candidate Conservation Agreements with Assurances are intended to protect
landowners who voluntarily manage their land for the greater benefit of a species from additional
land-use constraints if the species is later on listed. These landowners would receive assurances
from FWS that if the species is on the list, they will not be required to take any conservation
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measures beyond those that they have already agreed to. Lastly, Safe Harbor Agreements
include landowners who voluntarily agree to enhance the habitat of whatever species listed on
their properties. In return, they receive security that they will not be required to take any other
conservation measures other than those to which they have already agreed to. Also, these
landowners will not be laden with additional hold-backs on the use of their properties because of
constraints on incidental take should the population of the listed species increase on their land.
Even though all three types of agreements say that these landowners are not liable to do more
than what they were asked of or volunteered for, they are still taking crucial steps in conserving
natural habitats and possibly saving listed species from going extinct (Fish and Wildlife Service).
The National Wildlife Refuge System is an irreplaceable asset that belongs to all
Americans and gives hope to future generations. Each year, a rapidly increasing number of
people from all states and even from around the world come the national wildlife refuges to hunt,
fish, sightsee, photograph, learn, and be exposed to the very best of America’s natural resources.
There is one located in every state in the United States and are within an hour’s drive on almost
every major city. They provide easy access and incomparable settings for outdoor recreation and
activities. The bountiful wildlife and breath-taking scenery benefit individuals of popular
activities such as bird-watching, simple wildlife observation, and photography. They also
provide some of the most outstanding sporting opportunities in the country including
approximately 400 refuge units that are open to hunting and fishing (Fish and Wildlife Service).
They are also an important asset for education. Hundreds of thousands of students and
teachers participate in formal environmental education programs sponsored by refuges across the
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country. Many students visit these refuges to participate in outdoor events, hike on trails,
volunteer, fish, and hunt. They can be an asset for human health. Healthy refuge habitats
provide benefits for human communities. They clean the air we breathe, filter storm water
before it runs downstream to water supplies, and even reduce flood risk by gather excess
rainwater and constricting coastal storm surges. Without these services that our national wildlife
refuges gives us, our access to the public health benefit of things like clean air and water would
be in jeopardy. All of these things are important reasons of why this act is important to us now,
but there are also future implications regarding the ESA (Fish and Wildlife Service).
Implications for the future:
In regards to the future implementation of the ESA there are a select few steps that our
government could potentially take. This can be done by making suggestions in the areas of
critical habitat, addressing climate change, protecting endangered species from getting taken, and
be beneficial to the future growth of the ESA. One suggestion is the increase of funding requests
to Congress to ensure the program has sufficient funds to protect all species at risk of extinction
(Center for Biological Diversity.).
Suggestions in the Critical Habitat area of the ESA would be: “Broadcasting regulations
clearly requiring consideration of recovery plans when designating or revising critical habitat
when such designation or revision occurs subsequent to issuance of the species’ recovery plan”
(Center for Biological Diversity). Developing a plan for endangered species’ critical habitat for
the next five to ten years could be beneficial as well. To give greater effect to the recovery plans
of species and to potentially speed up their recovery, a few actions can also be implemented such
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as: creating direction requiring that recovery plan goals be met before a species is listed or
delisted from the ESA list. If the goals are found to be insufficient, the goals should be assessed
and changed before to a down listing or delisting decision. In addressing climate change,
suggestions like the implementation of identifying all listed endangered species threatened by
climate change. Following that would be the process of re-examining those species’ status and
applying changes to critical habitats. After that, recovery plans and discussion requirements
would be implemented based upon this new information. Acceptance of these recommendations
could dramatically improve the efficiency of the ESA by speeding protection for endangered
species and guaranteeing they receive the protection they need to survive and recover (Center for
Biological Diversity).
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Work Cited
Center for Biological Diversity. Center for Biological Diversity. Retrieved September 27,
2013, from http://www.biologicaldiversity.org/
Endangered Species Act of 1973. Department of the Interior. U.S. Fish and Wildlife Service.
Washington, D.C. 20240.
Endangered Species Act | Defenders of Wildlife. Defenders of Wildlife | Protecting
Native Animals and Their Habitats. Retrieved September 25, 2013, from
http://www.defenders.org/legislation/endangered-species-act
Endangered Species | Laws & Policies | Endangered Species Act. Fish and Wildlife
Service. Retrieved September 27, 2013, from http://www.fws.gov/endangered/lawspolicies/(Nixon)
Lacey Act. Fish and Wildlife Service. Retrieved September 30, 2013, from
http://www.fws.gov/international/laws-treaties-agreements/us-conservation-laws/laceyact.html
Robb, B. 6 Reasons to Hunt Wolves in the Lower 48 - Petersen's Hunting. Petersen's
Hunting – Devoted to the Sport of Recreational Hunting. Retrieved September 25, 2013,
from http://www.petersenshunting.com/2011/11/02/6-reasons-to-hunt-wolves/
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