Department of Interior Proposes Changes to Endangered Species Act

Proposed Changes Potentially Weakens ESA

In an effort to cripple attempts by environmentalists to use the Endangered Species Act as a tool for regulating gases responsible for climate change Secretary of the Interior, Dirk Kempthorne, proposed changes to the ESA that would minimize the necessity for federal agencies to seek US Fish and Wildlife Service consultation about the impact of proposed projects on endangered species.

Kempthorne’s proposal was precipitated by the recent listing of Polar Bears as an endangered species that resulted from a lawsuit by environmentalist groups.

A press release from the Office of the Department of Interior states, “These changes are designed to reduce the number of unnecessary consultations under the ESA so that more time and resources can be devoted to the protection of the most vulnerable species. Under the proposed rule, agency actions that could cause an adverse impact to listed species are still subject to the consultation requirement.”

“The proposed rule is consistent with the FWS current understanding that it is not possible to draw a direct causal link between greenhouse gas (GHG) emissions and distant observations of impacts affecting species. As a result, it is inappropriate to consult on a remote agency action involving the contribution of emissions to global warming because it is not possible to link the emissions to impacts on specific listed species such as polar bears.”

Beyond greenhouse gas regulation the proposed ruling may also impact decision-making related to a variety of development projects including oil and gas drilling, road construction projects, and actions on private lands, which could impact a variety of species through disturbance and habitat loss.

The National Wildlife Federation summarizes the proposed changes as follows:

•Eliminate informal consultations. Currently, federal agencies seeking to carry out, fund or permit an action must enter into either formal or informal consultation with the Fish and Wildlife Service if the action is found to have any affect whatsoever on a listed species. The Bush Administration wants to significantly reduce informal consultations by allowing proponents of federal projects to decide unilaterally whether projects have adverse effects on listed species. This would eliminate the ability of the Service to review projects and employ its expert scientific judgment about what is needed to protect species and habitats unless an agency requests an informal consultation.

•Reduce the number of formal consultations. These are the in-depth reviews that lead to the preparation of a biological opinion, in which the Service determines whether a project will jeopardize listed species or adversely modify its critical habitat and, if so, how the project must be modified to avoid harm. The proposed changes eliminate the requirement for formal consultation any time that an agency unilaterally determines that a project will have no adverse effect on listed species.

•Avoid or minimize consultations based on "Lack of Causation" arguments. Under this rule, agencies could avoid consultation if they determine their action will have only a “marginal” impact on a listed species, ignoring the fact that the cumulative effect of “marginal” piecemeal destruction of habitat quantity and quality is one of the main causes of species decline and extinction.

•Impose an arbitrary deadline on the consultation process. Perhaps most outrageously, the Administration proposes to impose a 60-day deadline on the Service to respond to an agency’s request for consultation and, if this deadline is not met, to allow the project to go forward regardless of the impacts of the project on listed species.

While these rules will be formally presented in the coming weeks, which will be accompanied by a 60-day comment period, the Associated Press was able to obtain a draft copy of the proposed changes. You can also download a pdf draft copy of the proposed changes here.

To read more about the proposed changes check out the National Wildlife Federation’s web-site or read the Associated Press article.

The National Wildlife Federation has established an e-action statement to enable people to voice their opinion. Click here to make your voice heard.

Keeping Birds Safe While Fighting Mosquitoes

It’s mosquito season once again and health departments are spraying insecticides in neighborhoods in an attempt to control adult mosquitoes in an attempt to prevent the spread of diseases like West Nile Virus.

Unfortunately, these spraying programs pose some potential problems. First, they only knock down adult mosquitoes and does little to impact larval mosquitoes which means there are more mosquitoes capable of emerging after the insecticide has dispersed from the air. Secondly, many of the insecticides that are used, like permethrin, are non-specific insecticides and can kill beneficial insects, like bees needed for pollination or other insects that are food for birds.

There are some simple, bird-friendly actions everyone can take to help reduce their own exposure to mosquitoes that may potentially carry West Nile, as well as help reduce mosquito populations around homes and in communities which reduces the potential number of mosquitoes that can bite birds and pass along the disease to humans.

Preventing Individual Exposure:

1.) Wear DEET, or another effective mosquito repellent, when working outside.

-many people do not like wearing DEET because they do not like the greasy feel or the fact that it’s a plasticizer (it dissolves plastic), or that it’s synthetic. DEET however has been around for long time and was designed to be used on human skin. Though the body does absorb DEET through the skin, the repellent is entirely flushed out of the body in about 12 hours. (DEET is a repellent, not an insecticide (it discourages insects, but doesn’t kill them the way an insecticide does).

-the higher the amount of DEET the longer it lasts, however effectiveness drops off around 40% (i.e. a solution containing 40% DEET is just as effective and lasts just as long as 100% DEET).

-Two new chemicals that the CDC began recommending in 2005 are Picaridin, which is effective at high concentrations (but not available in high concentrations in the US) and oil of lemon eucalyptus.

2.) If you do not like using chemicals on your skin you can wear clothing that covers up your skin. Even more effective is new clothing called Insect Shield.

-Insect Shield clothing incorporates insect repellent into the fabric of the clothing itself. So in addition to the protection afforded by the clothing itself, you have an additional layer of protection with the repellent.

Reducing Mosquito Populations Around your Home:

1.) Eliminate Standing Water—This can be done in a number of different manners.

-Obviously old tires, flower pots, children’s toys etc. can be over turned or covered to prevent pooling of stagnant water.

-Adding a bubbler aeration device (like those found in fish tanks), fountain, or even a drip device can potentially be enough to prevent mosquitoes from breeding in bird baths. The added benefit to this is that it provides a clean source of water for birds during the heat of summer where they won’t be exposed to mosquitoes, and birds are attracted to the sound of moving water.


2.) In areas that you are unable to cover or dump (like a man-made backyard pond) try adding Bt (Bacillus thuringiensis) dunks to the water. This will help reduce mosquito larvae.

-It’s important to not add Bt dunks to natural ponds, wetlands, or ephemeral woodland wetlands. While these may be breeding sites for mosquitoes, the mosquito larvae are a source of food for other species like tadpoles, salamanders, small fish, and even other insects.


3.) Attract more birds to your yard

-Try reducing mosquitoes by attracting more insectivorous birds, like swallows to your yard. If you have a backyard pond try attracting Purple Martins. If you live near a field you may want to attract Eastern Bluebirds and/or Tree Swallows. You can also attract other species like wrens, thrushes and flycatchers. To attract these birds try providing nesting structures for them. Birds need more protein during the breeding season for themselves, and for their young. Mosquitoes and other insects can be an important source of protein for young birds and their parents because mosquitoes have a tendency to be abundant and therefore easier to find and catch.

These few simple things can be an easy and effective way of reducing your exposure to mosquitoes and easily benefiting birds and other wildlife visiting your yard or community.For more information about West Nile Virus or controlling mosquitoes around your home check out the following links:

Beyond Pesticides: Backyard Mosquito Management (pdf download)

Center for Disease Control:Fight The Bite!