The True Endangered Species – Landowner’s Property Rights, Jobs and Man

Don't Stay Locked In

Don't Stay Locked In

The topic to be discussed is a hot one, in this state and many others. Endangered Species versus MAN. Otherwise known as the “Endangered Species Act of 1973”.

I have no affiliation with any state, private or federal entity that is an advocate for or against endangered species. I simply will be providing mental fodder to ingest and hopefully you the reader will become empowered to do something to protect the true endangered species “ Landowner’s Property Rights, Jobs and Man”.

It is important to preserve and protect all species, but where do we draw the line? Why in many cases does a Federal Law make MAN’ less important than an animal or plant species?

I know we have to protect species lower down the evolutionary ladder, and there is no doubt some are truly endangered. However, the Endangered Species Act, or ESA, is written so loosely that even if a species is common elsewhere, or its occurrence is naturally very low, or it has very slight genetic differences, it can be listed as endangered. Environmental non-governmental organizations put political pressure on, and file lawsuits against the US Fish and Wildlife Service and other federal agencies to list any species regardless of whether it is truly endangered.

Why does our right to life, liberty and the pursuit of happiness have to be usurped by a federal law called the Endangered Species Act? On the surface it appears to be an act that is an effort to save a species from extinction and to protect the environment from destruction by man. It has that “feel good” sound. Especially to urbanites and the truly uninformed? Protecting lesser evolved species (yes and that includes the “bureacratick”) are important, no doubt, but to give a mussels, grass, insects, slugs and a lizard as examples more rights than a HUMAN is very puzzling to me? Oh, what is a bureacratick? It is a blood sucking lesser evolved species that feels it is superior to the common man by virtue of the position that is held.

A looming example is located in West Texas, a three inch lizard known as the Dunes Sagebrush Lizard could collapse two industries – oil and cattle. This is a huge oil producing region known as the Permian Basin that has been producing oil and gas for over 100 years. Yep, the RIGHTS of humans could be crushed by a 3 inch lizard, if the Federal Government using the ESA and a radical group called the Center for Biological Diversity have their way.

How can you the reader become more informed and educated? I hope you are as concerned about the rights of HUMANS as you are about the rights of critters?

First in the process of understanding is to educate yourself about how a species is listed by the federal government.

The lead federal agencies for implementing ESA are the U.S. Fish and Wildlife Service (FWS) and the U.S. National Oceanic and Atmospheric Administration (NOAA) Fisheries Service.  The entire act is contained in the U.S. Code, Chapter 35 Sections 1531-1544.

The ESA’s primary goal is to prevent the extinction of imperiled plant and animal life, and secondly, to recover and maintain those populations by removing or lessening threats to their survival.

Here is how The Petition and listing Process for placing an endangered or threatened species works:

To be considered for listing, the species must meet one of five criteria::

1. There is the present or threatened destruction, modification, or curtailment of its habitat or range.
2. An over utilization for commercial, recreational, scientific, or educational purposes.
3. The species is declining due to disease or predation.
4. There is an inadequacy of existing regulatory mechanisms.
5. There are other natural or manmade factors affecting its continued existence.

Potential candidate species are then prioritized, with “emergency listing” given the highest priority. Species that face a ” significant risk to their well being” are in this category. (see Endangered and Threatened Wildlife; Final Listing Priority Guidance for FY 2000. Federal Register. pp. 27114–19. Retrieved 2009-07-03.)

A species can be listed in two ways. The United States Fish and Wildlife Service (FWS) or NOAA Fisheries (also called the National Marine Fisheries Service) can directly list a species through its candidate assessment program, or an individual or organizational petition may request that the FWS or NMFS list a species. A “species” under the act can be a truetaxonomic species, a subspecies, or in the case of vertebrates, a “distinct population segment.” The procedures are the same for both types except with the person/organization petition, there is a 90-day screening period.

During the listing process, economic factors cannot be considered, but must be ” based solely on the best scientific and commercial data available.” Why are HUMAN considerations NOT allowed?  The 1982 amendment to the ESA added the word “solely” to prevent any consideration other than the biological status of the species. Congress rejected President Ronald Reagan’s Executive Order 12291 which required economic analysis of all government agency actions. The House committee’s statement was “that economic considerations have no relevance to determinations regarding the status of species.”

DETERMINATION OF ENDANGERED SPECIES AND THREATENED SPECIES found in Title 16, Chapter 35, Section 1533. {16 U.S.C. §1533(b) } Basis for determinations:

  1. (A) The Secretary shall make determinations required by subsection (a)(1) of this section solely on the basis of the best scientific and commercial data available to him after conducting a review of the status of the species and after taking into account those efforts, if any, being made by any State or foreign nation, or any political subdivision of a State or foreign nation, to protect such species, whether by predator control, protection of habitat and food supply, or other conservation practices, within any area under its jurisdiction; or on the high seas.

Notice the words that are italicized: foreign nation. Our US Code allows for input from a foreign nation regarding an animal or plant species on US soil. Did you know this?

On March 20, 2002, Rob Gordon, Executive Director of the National Wilderness Institute testified before the House Resources Committee on H.R. 2829 and H.R. 3705, both bills to amend the Endangered Species Act of 1973. In addressing the issues of quality and type of research used, Gordon said: 

“Under the current program the evidentiary standards for listing are, in a word, bad. I use the word bad because it is an apt acronym for “best available data.” The problem with best available data, or BAD, is that best is a comparative word. Thus the data need not be verified, reliable, conclusive, adequate, verifiable, accurate or even good. The best available data standard hampers the effectiveness of the program.“ The ESA uses “bad” science in listing a species as endangered according to research conducted by Michael D. Coffman, Ph. D., of Environmental Perspectives, Inc.

Can it happen to us Texans? Don’t know, but 1400 farmers in Klamath Falls Oregon found out the hard way. According to research conducted by Michael D. Coffman, In the spring of 2001 fourteen hundred farmers, their families and a host of support businesses in the Klamath Falls Oregon area awoke to the realization that their lives were not as important to the federal government as two species of bottom-feeding sucker fish. Citing the U.S. Endangered Species Act (ESA), Oregon U.S. District Judge Ann Aiken ruled in Federal Court on April 6, 2001, to allow the U.S. Fish and Wildlife Service (USFWS) to implement their recovery plan to give all the water of the Klamath Lake to the endangered species. Aiken’s ruling gave first rights to the water to the fish. The farmers got nothing, even though they and community businesses faced immediate economic and personal bankruptcy. What is worse, the National Academy of Sciences would later rule that the recovery plan was based on false science. Thousands of people were hurt or ruined financially because of bureaucratic zealousness and the knowing application of false science.

In Texas there are 28 plant species, 5 animal species that do not occur in Texas and 57 animal species that occur in Texas that are either considered endangered or threatened according to FWS.gov. How many of these species will take an industry out?

Yes, we need to protect lesser evolved species BUT at what costs? Aren’t you as important as a lesser evolved species? 

How do you make yourself heard, get involved. Become a radical for our HUMAN rights and make the Federal Government understand that HUMANS are more important than grasses, slugs, blind catfish, lizards, etc. 


UPDATE: Opportunity to Provide Input

Reopening of Public Comment Period and Availability of Signed Conservation Agreement for the Dunes Sagebrush Lizard – Comments due March 12, 2012

The U.S. Fish and Wildlife Service (FWS) published in the Feb. 24, 2012, Federal Register, the reopening of the public comment period on the Dec. 14, 2010, proposed endangered status for the dunes sagebrush lizard. FWS also published the availability of a signed conservation agreement for the species in Texas. FWS is reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the new conservation agreement, and a previously completed conservation agreement for the dunes sagebrush lizard in New Mexico. Additional information about this announcement can be found on the FWS website. The Texas Conservation Plan for the Dunes Sagebrush Lizard is available on Keeping Texas First.


Research Links:

http://www.law.cornell.edu/uscode/16/1533.html – Determination of Endangered Species and Threatened Species

http://codes.lp.findlaw.com/txstatutes/PW/5/B/68 Texas statutes chp 68 -endangered species

http://www.tpwd.state.tx.us/huntwild/wild/species/endang/ http://www.fws.gov/endangered/ –US Fish and Wildlife Site for Endangered Species

http://discerningtoday.org/problem_esa_full.htm#_edn13 – The Problem with the Endangered Species Act

http://takingliberty.us/TLHome.html — How Private Property is being Abolished in America

  • Cward

    hi gregg. that’s agenda 21. the UN is trying to take away the property rights of Americans. one of the ways they do that, besides bringing our national monuments & parks under their control (and a lot of them are) & keeping people off the land or making it so restrictive to own land, people give up & abandon their property. Obama is assisting the UN reach their goals by creating an extremely long list of endangered species, in an attempt to stop drilling and remove people living in areas where these species exist. a large part of agenda 21 puts animals above people (reference the recent PETA case to make whales human beings & be released from “slavery”).

  • Jim Feagin

    This was well put and makes a lot of sense. What right does a foriegn government have to dictate to us as to the way we operate OUR invironment ? I am a firm beliver in taking care of our flora and fauna within reason. This does not mean to say that we, the caretakers of our land should stand by and let these bureacraticks in D.C. or where ever, who haven’t ever walked through a pasture , climbed through a barb wire fence or really spent a lot of time in the woods, tell us how to take care of our business. HELL FIRE, THEY CAN’T EVEN TAKE CARE OF THE JOB OF BASIC POLITICS !!!!

    • Anonymous

      Hey Jim –thanks for the comment and I agree. Did ya register your comments regarding the lizard? That link above the comments to this post. We gotta do our part and keep the dang FED out of our businesses!!

  • Emilyl

    Hi gregg lets assume we are the lizard in the ft stockton area, there is plenty of room for him between the rigs, trucks, sand, etc in fact he can burrow down in the sand and have a great life and no one is going to bother him. That is one of the busiest drilling areas. 
    let’s get a grip!!!!! ef

    • WildlifeGuy

      Thanks for the input Emily. Do I interpret your post to mean that you champion the lizards right to exist over jobs and people? Did you read the article? The FEDs use B.A.D. science to make determinations that adversely affect humans.

    • Anonymous

      Thanks Emily for the post. Do I interpret your post to mean you champion a lizard over the jobs of working men and women? 

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