Endangered Species Act Stirs Strong Feelings
Below is a MRR and PLR article in category Reference Education -> subcategory Environmental.

Endangered Species Act Sparks Passionate Debate
Efforts to update and modernize the 33-year-old Endangered Species Act (ESA) are stirring strong emotions in the U.S. Senate. While opinions range from repealing the act entirely to maintaining it unchanged, many agree that sensible updates, especially those prioritizing species recovery over habitat alone, are crucial and long overdue.
Biologists note that the ESA, enacted in 1973, has seen little significant change. Currently, out of nearly 1,300 species listed as threatened or endangered, only 10 have recovered enough to be removed from the list. Meanwhile, over 30 species have become extinct. Some argue that even those species that have recovered did so with minimal assistance from the ESA.
Take the bald eagle, often heralded as an ESA success story. Its recovery is largely attributed to the DDT pesticide ban and hunting restrictions, which were implemented before the ESA's existence. Although the ESA designated critical habitats for the bald eagle, the species proved adaptable, thriving even after hurricanes destroyed habitats in Florida by relocating to residential areas.
Similarly, the peregrine falcon's resurgence is thanks to a privately funded captive breeding program. It now thrives in urban areas, preying on pigeons in major cities. Despite this, the original ESA primarily focused on designating "critical habitat" areas without requiring scientifically developed recovery plans, even though species recovery is its stated goal.
To address these shortcomings, Resources Committee Chairman Richard Pombo proposed the bipartisan Threatened and Endangered Species Recovery Act in the House. This act aims to require comprehensive recovery plans, developed through peer-reviewed, best available science, rather than relying solely on critical habitat designations. If a recovery plan indicates habitat protection is necessary, those measures will be implemented. If not, alternative strategies will be pursued.
If the Senate enacts similar legislation, we could potentially see a significant increase in the number of species recovered over the next 33 years, moving beyond the current number of 10.
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