Thanks.
Nick Zarlinga
Aquarium Biologist
Cleveland Metroparks Zoo
216.661.6500 ext 4485
"Who hears the fishes when they cry?"
Henry Thoreau--1817-1862
><)> -----Original Message-----
><)> From: owner-nanfa-l at nanfa.org
><)> [owner-nanfa-l at nanfa.org]On Behalf
><)> Of Gerald Pottern
><)> Sent: Thursday, September 22, 2005 1:14 PM
><)> To: NANFA-List
><)> Subject: NANFA-L-- Endangered Species Act
><)>
><)>
><)> Moon - none of the interesting plants you
><)> mentioned are protected by the Federal ESA. There
><)> might nave been Fed listed species there too, but
><)> did the developer hire a qualified biologist to
><)> conduct thorough surveys at the right time of year
><)> ? I'm guessing not, if it was a private rather
><)> than public project. Cant blame the ESA for that.
><)> Some of those plants found only in pocosin &
><)> savanna communities in SE NC are listed as E or T
><)> under the NC Plant Protection Act, but that law
><)> and the NC Endangered Wildlife Act only protect
><)> against collecting and trade - neither has any
><)> habitat protection provision. When those acts
><)> were written, there's no way the NC legislature
><)> would have passed them if they "interfered" with
><)> property development - it was a choice of either a
><)> weak act or NO act. So yes, you can legally
><)> bulldoze over state-listed plants and animals, but
><)> you need state permits if you want to collect &
><)> trade them. Frustrating for sure, but better than
><)> nothing. But as Ja!
><)> n & other
><)> pointed out, having protection status (state or
><)> federal) means attention & money for surveys and
><)> reserach, and in some cases (public infrastructure
><)> projects) the permit applicants must at least try
><)> to avoid/minimize imapcts. Also, the federal
><)> courts' SWANCC decision a few years ago to remove
><)> "isolated" wetlands from Clean Water Act
><)> protection was a big factor in those massive land
><)> draining & clearing projects in SE NC. The state
><)> passed its own wetlands law to protect wetlands
><)> excluded from CWA, but there was a gap of several
><)> months (builder influenced of course) between the
><)> end of Federal protection and start of State
><)> protection. Every available dozer was mobilized
><)> during that window of opportunity. -- gerald
><)>
><)> >>Moon wrote : some people smarter than me (yeah I
><)> thought that was unlikely too) say it often hurts
><)> by giving people an incentive to kill any
><)> endangered species they might find on
><)> their land so they can do what ever it is they
><)> want with the land. I know here in
><)> SENC I've seen many hundreds of acres made into
><)> housing developments and
><)> golf courses by bulldozing any area that had
><)> protected plants growing there. I was
><)> very familiar with one site, wonderful place of
><)> swamps, soft ground, dan
><)> small ponds. there were everything from pond pines
><)> to venus fly traps, sundews, and
><)> pitcher plants. All gone now, the land was drained
><)> and has to be consistently
><)> drained by under ground pumps to keep it from
><)> going back to marsh again. Either ESA
><)> has no teeth at all or it very easy to get around
><)> if you grease the right palms.
><)> Moon
><)> Click here to donate to the Hurricane Katrina
><)> relief effort.
><)> /--------------------------------------------------
><)> ---------------------
><)> / This is the discussion list of the North
><)> American Native Fishes
><)> / Association (NANFA). Comments made on this list
><)> do not necessarily
><)> / reflect the beliefs or goals of NANFA. For more
><)> information about NANFA,
><)> / visit http://www.nanfa.org Please make sure all
><)> posts to nanfa-l are
><)> / consistent with the guidelines as per
><)> / http://www.nanfa.org/guidelines.shtml To
><)> subscribe, unsubscribe, or get
><)> / help, visit the NANFA email list home page and archive at
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><)>
><)>
/-----------------------------------------------------------------------
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/ reflect the beliefs or goals of NANFA. For more information about NANFA,
/ visit http://www.nanfa.org Please make sure all posts to nanfa-l are
/ consistent with the guidelines as per
/ http://www.nanfa.org/guidelines.shtml To subscribe, unsubscribe, or get
/ help, visit the NANFA email list home page and archive at
/ http://www.nanfa.org/email.shtml