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to the ESA" |
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There have been numerous examples of how the ESA has had adverse impacts throughout the country. From Oklahoma where a thirteen mile highway project was delayed for four years because American burying beetles were found along two proposed routes, to Kentucky where loggers lost their jobs when the Forest Service shut down logging in the Daniel Boone National Forest for eight months in order to protect the red-cockaded woodpecker; people all over the country have felt the sting of the ESA's rigid enforcement. The environmental community, and to some extent the government agencies responsible for protecting listed species as well, have attempted to dismiss these stories and other like them as "hearsay" and "fairy tales". But these stories are true, and they show just how draconian the curent law can be and where changes need to be made. Below are additional examples of how the current implementation of the ESA has adversely impacted people all across the country. If you have been impacted by the ESA's implementation, let us know. Tell us your stories! Delhi Sands Flower Loving Fly
In order to win the permission of the FWS to build the needed medical complex,
Potentially most costly of all, the planned Agua Mansa Enterprise Zone, a massive industrial development that would be built on and around fly habitat, is stalled and so too are the 20,000 jobs its proponents say would be created over the next 15 years.
NBC Nightly News February 14, 1997
Valley Longhorn Elderberry Beetle
The Corps ruled that before any work could begin on the levees, an 80 acre mitigation site would have to be constructed. This mitigation cost $1.9 million. Various state and federal agencies decided that the mitigation site should be constructed on the river side of the Feather River levee, and that it should include a wetland. So, a large pond was dug near the levee even though the local reclamation district objected to the pond's construction, fearing that seepage from the pond could weaken the levee. The Corps insisted that there was nothing to fear. After the pond was built, increased seepage was noted on the land side of the levee, just as the local reclamation district had predicted. In December 1996, a catastrophic levee failure that claimed three lives occurred at the lower end of the mitigation site. This levee failure flooded approximately 500 homes, 9000 acres of prime farmland, displaced 35,000 people and flooded the four largest employers in one of the poorest counties in the state. While this catastrophe was terrible, the government's response to this tragedy has been even worse. Because of ESA restrictions, the FWS has barred local governments from making full repairs to the levees until spring. Only temporary repairs are being allowed, and then only those repairs needed to stop the immediate threat of water flowing through the damaged levies. Once the water stops flowing, all repairs must stop until the Fish and Wildlife Service completes their consultation procedures with the Corps. Even though the Service has pledged to "expedite" the process, this will still take at least three to four months. During that time, people were afraid to return to their homes, farms and businesses. Lending institutions, including FEMA, are reluctant to make or finance needed repairs to these people's homes and businesses because they all fear that the temporary repairs will not withstand expected river flows. The flooding also caused damage to the mitigation site, requiring $400,000 to repair. This brings to date $2.3 million for mitigation of 43 clumps of elderberries, or $55,800 per clump, or $1495 per elderberry stem. As a result of the 1997/1997 flood, the U.S. Army Corps of Engineers has identified several additional levee sections needing major maintenance and has indicated that mitigation costs must be paid which will require the development of an additional 69 acres of mitigation. If the previous costs hold, this mitigation cost will equal an additional $1.725 million, for a total of $4 million to maintain about 29 miles of existing levies. "The levees and flood channels are meant to be tools to protect people, property and wildlife habitat from the ravages of floods; not confiscated as habitat by the ESA," says Donn Wilson of the Yuba County Water District. "[The ESA] often prevents or greatly restricts and escalates the cost of needed levee and flood channel inspection, maintenance, and repair." Congressional Testimony April 7, 1997
Piping Plover
After several months of close monitoring, the three endangered piping plovers hatched Saturday morning in the dunes above the Southampton beach. To protect them, Suffolk County parks officials closed the parks main road at 7 p.m. Saturday, July 5 effectively forcing most of the campers inside to stay until about noon, Sunday, July 6. The only way out was a steep cut in the dunes, too risky for drivers of most of the 100 large camping vehicles to attempt. While an extra day or night at the beach might not seem like a hardship, the prospect of being forced to stay indefinitely left some campers livid. But park officials were steadfast: no one could use the road until the birds left their nest and made their way safely to wherever they chose to go. The Associated Press -- July 7, 1997
Kanab Amber Snail
A few months later, Mr. Child discovered 10 domestic geese near his ponds. After dutifully notifying federal officials, he was told that if the geese had eaten and snails, he faced a fine of $50,000 per snail! A state wildlife agent and a Highway Patrolman arrived with a shotgun intending to shoot the geese and remove their stomachs to find out if any snails had been eaten. The only thing that saved the geese was a reporter with the Southern Utah News who showed up and told them that she would photograph the massacre. The agents then decided to back off and finally settled on forcing the geese to vomit. No dead snails were found. The geese are now safe, but Mr. Child is still out $2.5 million because he can't use his property, and the government refuses to compensate him for his loss. The Wall Street Journal -- December 27, 1993
Concho Water Snake
Very little was known about the snake, and limited field work had been done on the species until 1979. Because the snake was thought to be in low numbers, the State of Texas listed the snake as endangered in 1977. In the same year, the Colorado River Municipal Water District (CRMWD) applied to the Texas Water Commission for a permit to impound water at a site near Stacy. In an effort to better understand the actual status of the snake, the U.S. Fish and Wildlife Service (FWS) conducted a study in 1979 and 1980. Only 135 Concho water snakes were found at that time. Based upon this information the FWS notified the Corps of Engineers in 1983 that the construction of the reservoir would probably threaten the continued existence of the Concho water snake and assigned its own biologists to continue the surveys. In 1985, only 111 Concho water snakes were found by the FWS biologists. The FWS listed the snake as threatened in September of 1986. In December of 1986 the FWS issued a Biological Opinion on the snake. This opinion reiterated that the snake's existence would be threatened by the reservoir and mandated ten prudent alternatives be implemented by the water district to mitigate the threat. The district reluctantly agreed to these alternatives which cost the water users of the District nearly $9 million. One of the conditions the water district had to agree to was to conduct a 10-year, $1.5 million study on the snake. From the survey's start to it's completion in October 1996, field teams found that not only was the snake not in any danger of extinction, they were actually flourishing in many of the manmade structures environmentalist thought would kill them. During their study, the survey team handled 13,997 INDIVIDUAL Concho water snakes. What's even more shocking is that computer estimates by Texas A&M University suggest that figure may represent only about 20 percent of the actual population. Therefore, instead of just the 800 snakes the environmentalists convinced the federal government existed, as many as 70,000 of the snakes may be living throughout West Central Texas. "We have demonstrated...beyond a shadow of a doubt that there are thousands of the snakes," said John Grant, general manager of the CRMWD. "They are not endangered." The cost of the $1.5 million study was passed onto the customers of the CRMWD. That financial burden may soon soar, however, because the expense was financed by district revenue bonds, and the interest on those bonds may push the actual price above $3 million. The amount of federal tax dollars spent by the Fish and Wildlife Service on this environmental boondoggle may never be known. Associated Press -- February 15, 1997
Cave Bugs
As required by law, the Davidsons requested permission from the Fish and Wildlife service to begin construction. Three-and-a-half months later, the agency informed them that they would have to go through the long, costly, and often fruitless process of obtaining an "incidental take permit" before they could use their land because their land had been deemed "biologically necessary for the continued existence of the golden cheeked warbler, black-capped vireo, and/or the cave invertebrates [cave bugs]." "When I called to ask what we would have to do to properly complete the [incidental take] permit process, I realized there was no way we would be able to financially handle the extensive studies that must be done to obtain the permit. I also did not have excess land with which to mitigate our use of our property," said Mrs. Davidson. What makes this case even more disturbing is that there is not even any evidence that any of these species even live on the tract of land that the Davidson's wanted to develop. In addition, just a mile down the road is a new subdivision with thireteen lots. "Why is my one hose 'urbanization' yet this subdivision or thirteen houses is not?" Mrs. Davidson asks. "There were no existing houses where this subdivision was developed. Yet at the same time we have houses existing around our property and they consider our building a single family home to be 'urbanization.' We just eant to be allowed to live on the land we worked so hard to get." After learning of Mrs. Davidson's story, the House Resources Committee invited her to come to Washington, D.C. and testify before Congress. After she spelled out her story in so public a forum, the Fish and Wildlife Service quickly took steps to address her problem, and Mrs. Davidson ws allowed to build her home. Not everyone who has problems with the ESA,however, has the opportunity to address Congress, nor should people who want to use the land they worked so hard to acquire be expected to take such extraordinary steps just so they can use their own property. NESARC Interview with Mrs. Mary Davidson -- February 1994
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