Implementation of the
Endangered Species Act of 1973

Report to the House Committee on Resources

Richard W. Pombo, Chairman

Majority Staff 109th Congress

May 2005


*This report has not been officially adopted by the Committee on Resources

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Contents

I. Executive Summary 1

II. Overview 2

III. Introduction 7

IV. Delisted Species 7

V. Reclassified Species 12

VI. Report to Congress 17

VII. Species Expenditures 34

VIII. Critical Habitat 53

IX. Findings 61

X. Recommendations 62

XI. Appendices 64

1. Delisted Species Report as of 5/4/05

2. Active Lawsuits: 2/16/05

3. The current FWS listing process – Approximate range of average costs of rulemaking

4. Cooperative Endangered Species Conservation

5. Table of FWS ESA Actions

6. Maps of California Critical Habitat

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List of Figures and Tables

Figure 1 Recoverability Prospects (FWS 2002) 18

Figure 2 Threat Level (FWS 2002) 18

Table 1 FWS Listings by Priority (2002) 19

Figure 3 Recovery Achieved (FWS 2002) 21

Figure 4 Recovery Status (FWS 2002) 22

Figure 5 Recovery Status (Narrative NMFS 2002) 28

Figure 6 Recovery Status (Table NMFS 2002) 28

Table 2 “Entities” with largest reported expenditures in FY 2003 36

Table 3 “Species” with largest reported expenditures in FY 2003 36

Table 4 FWS Priority “1C” species expenditure and ranking FY 2003 37

Figure 7 Total Federal and State ESA Expenditures 38

Table 5 ESA Expenditures by Agency 38

Figure 8 ESA Expenditures by Agency FY 2003 39

Figure 9 US FWS ESA Expenditures by FY 40

Figure 10 NMFS ESA Expenditures by FY 40

Figure 11 Section 6 Funding 41

Figure 12 BPA ‘Other’ Expenditures by Fiscal Year 42

Figure 13 Bureau of Reclamation ESA Expenditures by FY 42

Figure 14 Army Corps of Engineers ESA Expenditures by FY 43

Figure 15 USDA Forest Service ESA Expenditures by FY 43

Table 6 Expenditures by Taxon FY 2003 44

Figure 16 Expenditures by Taxon FY 2003 44

Table 7 Expenditures on ‘Non-Charismatic’ Species 45

Table 8 Expenditures on Species Listed with Erroneous Data 48

Figure 17 Informal Consultations Completed 49

Figure 18 Formal Consultations Completed 50

Figure 19 Habitat Conservation Plans Completed 53

Table 9 California FWS Species with Critical Habitat 58-59

Table 10 Florida FWS Species with Critical Habitat 60

Table 11 Texas FWS Species with Critical Habitat 60

Historically, more species have been delisted and downlisted following the determination that original data was erroneous than have been delisted and downlisted on the basis of a reduced threat or recovery.

The consultation requirements of the ESA also significantly affect other agencies, and in cases, appear unduly burdensome. For example, among incidents reported by US Forest Service and Bureau of Land Management officials was a consultation that regarded allowing a Native American tribe to harvest a single cedar tree for use as a ceremonial canoe. It required about two years.

Roughly 10,940,398 acres, over 10 percent of California, has been designated as critical habitat just for FWS species

WOW look at page 66 where it list the law suits. They are dominated by the CBD.
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