RE: NANFA-L-- Endangered Species Act

Nick Zarlinga (njz at clevelandmetroparks.com)
Thu, 22 Sep 2005 14:01:39 -0400

This is a great discussion, because I am relatively ignorant of these
issues, at least. I think that there should be some attention given to this
topic at the conference and in the AC. However, I would challenge that the
topic should be presented from the bottom up, not the top down, to explain
how things work. For instance, I see great open lands and wetlands in my
area torn down and drained very frequently, and it sickens me. However I
don't know much about the laws and regulations. Granted, it is my
responsibility to know more, but if it was explained to me in laymens terms
starting from what I see, all the way up to what the federal laws say (and
the original intent of the laws), that would be most helpful for me. I
would also appreciate an *unbiased* explaination of the pros and cons to the
legislation, including what is currently being proposed (not what is assumed
to have been proprosed).

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
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><)>
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/ visit http://www.nanfa.org Please make sure all posts to nanfa-l are
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