Hannah Hewes
February 27, 2014
Professor Helmke
Business Public Policy
Endangered Species Act
Extinctions have occurred throughout our planet's natural history. Some species develop as others die out, making space in the ecosystem for those best suited to any given habitat's natural conditions. Long before human beings arrived, fossil records show that populations of animals evolved, thrived, declined, and became extinct. However, the rate of extinctions in the late twentieth and early twenty-first centuries drastically increased to an estimated 100 to 1,000 times the normal expected rate of extinction. The majority of these accelerated extinctions can be directly traced to mankind's impact upon the natural environment in the form of hunting, fishing, agriculture, development, pollution, habitat encroachment, disease, and global climate change.
Due to the increasing number of endangered species, as well as, species becoming extinct, the United States Congress decided to take action. Congress passed the Endangered Species Preservation Act in 1966, providing a means for listing native animal species as endangered and giving them limited protection. The Departments of Interior, Agriculture, and Defense were to seek to protect listed species, and, insofar as consistent with their primary purposes, preserve the habitats of such species. The Act also authorized the Service to acquire land as habitat for endangered species. In 1969, Congress amended the Act to provide additional protection to species in danger of “worldwide extinction” by prohibiting their importation and subsequent sale in the United States. This Act called for an international meeting to adopt a convention to conserve endangered species. A 1973 conference in Washington, D. C. led 80 nations to sign the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which monitors, and in some cases, restricts international commerce in plant and animal species believed to be harmed by trade. One amendment to the Act changed its title to the Endangered Species Conservation Act.
The Endangered Species Act (“ESA”) is a federal law that was enacted to protect endangered and threatened species from becoming extinct (dying out). A species or subspecies is endangered if it is “in danger of extinction throughout all or a significant portion of its range.” A threatened species is one that is likely to become endangered within the foreseeable future. Three different departments of the federal government administer ESA: the Department of Interior (endangered animals generally), the Department of Commerce (marine mammals), and the Department of Agriculture (plants).
The Endangered Species Act defined “endangered” and “threatened” (section 3), made plants and all invertebrates eligible for protection (section 3), applied broad “take” prohibitions to all endangered animal species and allowed the prohibitions to apply to threatened animal species by special regulation (section 9), required Federal agencies to use their authorities to conserve listed species and consult on “may affect” actions (section 7), prohibited Federal agencies from authorizing, funding, or carrying out any action that would jeopardize a listed species or destroy or modify its “critical habitat” (section 7), made matching funds available to States with cooperative agreements (section 6), provided funding authority for land acquisition for foreign species (section 8), as well as, implemented CITES protection in the United States (section 8).
Because poachers and hunters are so prevalent, provisions of the ESA are enforced through citizen suits, as well as through civil and criminal penalties. A criminal violation may result in imprisonment and a fine of up to $50,000. A civil violation of a major provision may result in a $25,000 fine (knowing violation) or a $12,000 fine. A violation of a minor provision, permit, or regulation may incur a $500 fine. Fish, wildlife and plants illegally taken, possessed, sold, or purchased may be confiscated, which is the most usual outcome. If there is a criminal conviction, the equipment, as well as the vehicles that were used to violate the Endangered Species Act may also be confiscated.
The ESA has lists of protected plant and animal species both nationally and worldwide. When a species is given ESA protection, it is said to be a "listed" species. With certain exceptions, the Act protects endangered and threatened species from extinction by prohibiting the importing, exporting, taking, possessing, selling, and transporting of such species. It also prohibits the destruction of their critical habitat. Once a species becomes listed as "endangered" or "threatened," it receives special protections by the federal government. Animals are protected from “take” and being traded or sold. The term "take" is used in the Endangered Species Act to include, "harass, harm, pursue, hunt, shoot, wound, kill trap, capture, or collect, or to attempt to engage in any such conduct." The law also protects against interfering in vital breeding and behavioral activities or degrading critical habitat. A listed plant is protected if on federal property or if federal actions are involved, such as the issuing of a federal permit on private land.
The primary goal of the Endangered Species Act is to make species' populations healthy and vital so they can be delisted. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service actively invest time and resources to bringing endangered or threatened species back from the brink of extinction.
As of 2010, in the update of the International Union for Conservation of Nature’s Red List of Threatened Species, 17,315 species were listed as vulnerable, endangered or critically endangered. That is out of 1,740,330 described species, which is most likely only a fraction of the number of species actually in existence. While threatened species make up only about one percent of the total, it’s not something to take lightly, not every species can be evaluated each year. With that being said, it is our job, as humans, to devote time into helping and working toward the preservation of these plants, animals, and wildlife.
When the U.S. Fish and Wildlife Service or the National Marine Fisheries Service is investigating the health of a species, they look at scientific data collected by local, state and national scientists. In order to be listed as a candidate, a species has to be found to qualify for protected status under the Endangered Species Act. Whether or not a species is listed as endangered or threatened then depends on a number of factors, including the urgency and whether adequate protections exist through other means.
When deciding whether a species should be added to the Endangered Species List, the following criteria are evaluated:
•Has a large percentage of the species vital habitat been degraded or destroyed?
•Has the species been over-consumed by commercial, recreational, scientific or educational uses?
•Is the species threatened by disease or predation?
•Do current regulations or legislations inadequately protect the species?
•Are there other manmade factors that threaten the long-term survival of the species?

If scientific research reveals that the answer to one or more of the above questions is yes, then the species can be listed under the Endangered Species Act. One species that is critically endangered, due to poaching, is the rhinoceros. The poaching of this animal is not for its meat, or skin, but simply for its horn. The rhino horn is said to be used in traditional Chinese medicine. Orientals consider them a powerful aphrodisiac and there is an unlimited demand for them in India and Arabia. Although there is virtually no proof on whether or not the rhino horn really carries any pharmaceutical cures, those people who use rhino horn to cure medical ailments really believe it works. That’s what drives up the demand on which the poachers thrive, which in turn has caused the death of tens of thousands of rhinoceroses. Today the rhinoceros is jeopardized by loss of habitat to the expanding human population and illegal killing, especially in response to the astonishing rise in the value of the horn. At times, in certain East Asian markets, the horns have reached $20,000-$30,000 per kilo. As stated previously, it is not clear that rhino horn serves any medicinal purpose whatsoever, but it is a testimony to the power of tradition that millions of people believe that is does. If people want to believe in prayer, acupuncture, or voodoo as a cure for their ailments, there is no reason why they shouldn’t. However, if animals are being killed to provide cures that have shown to be useless, then there is a very good reason to curtail the use of rhino horn. There are five species of rhinoceros, and with the exception of one subspecies of the African white rhino, all are in danger of being hunted to extinction for their horns. While the rhinoceros is one particular case of severe endangerment due to unfair reasoning, there are many beloved, iconic wildlife that are in danger. Among these include tigers, sea turtles, panda bears, dolphins, gorillas, polar bears, and elephants. These animals’ lives are dependent on the actions that we take to help them. Some of the biggest threats that these animals, amongst many more endangered species, include pollution, illegal wildlife trade, and oil and gas development. All threats that are human based. All threats that can be treated, prevented, and stopped, in order to save the lives of important wildlife.
There are many efforts that are being made to aid in the preservation of these endangered animals. One of the most popular efforts is the Tiger Temple in Western Thailand. Known to the natives as Wat Pha Luang Ta Bua, it is a Thereavada Buddhist temple that was founded in 1994. The forest temple and sanctuary is home to many wild animals, as well as tigers, the majority of which are Indochinese tigers. Several tiger cubs have been given to the temple, after their mothers were killed by poachers, and as of May 2012, the number of tigers living at the temple has risen to over 100. The pedigree of some of the tigers is unknown, it is presumed that they are Indochinese Tigers, except Mek, a Bengal Tiger. It is also possible that some of the tigers may be the newly discovered Malayan Tigers, while many are probably cross breeds or hybrids.
Along with the Endangered Species Act and the Tiger Temple, the World Wildlife Fund is a major organization that was established as an international fundraising organization to work in collaboration with existing conservation groups and bring substantial financial support to the conservation movement on a worldwide scale. With the help and endeavors of the WWF, the future of endangered species is slowly starting to look brighter. There are so many types of wildlife that are considered endangered, all over the world. With that being said, it is hard to put a focus on every single endangered species, but WWF is trying. The President and CEO for the organization is quoted on the website, “For conservation to last, the integration and interconnectedness of WWF’s approaches must be of equal measure to those of nature and to the forces that threaten our future.”
It is hard to say how far $1 million would go when it comes to this pressing issue. Because there are so many different aspects, threats, and current efforts being made in conservation, there are numerous ways the money could be used. While there are no political “issues” regarding the Endangered Species Act itself, there are huge wildlife crimes throughout Africa and Asia, with animal trafficking being the biggest issue. Currently the poaching and illegal trade of ivory between countries is something of great concern, meaning the killing of elephants their tusks.
With an estimated 35,000 elephants killed last year alone, the door must be slammed on commercial trade in ivory or the elephant species won’t stand a chance against becoming extinct in the near further. The National Wildlife Trafficking Strategy, issued last month, laid out a comprehensive approach, including helping African countries to stop poaching, directing international law enforcement efforts at the kingpins who are behind the effort, and using diplomatic and other means to reduce demand in consuming countries. However, it all must start with a clear message that commercial ivory trade is no longer acceptable in the United States and elsewhere in the world.
The poachers target the giant African elephant, specifically for the ivory in their tusks. Ivory is a hot seller in China and Vietnam. With their rapidly growing economies, demand for ivory has spiked and the elephant population has taken a huge hit. In the early ‘80s, there were 1.2 million elephants in Africa — today, about 450,000. “People are going in with huge rifles and flying in in a helicopter and shooting a whole herd, cutting off the ivory, taking it away and you know and leaving the animals there,” Dr. Barbara Baker, of the Pittsburgh Zoo and PPG Aquarium said.
While poaching is definitely a worldwide problem, it is much more of an issue among the African elephant population. That’s because both the male and the female in that species have tusks which can be harvested for ivory. “The first thing we’ve got to do is stop the demand,” Baker said. “We’ve got to stop the demand for that ivory. When people stop buying the product — when people stop buying the ivory, the poaching will die.”
To stop the poaching of this majestic animal, more rangers and law enforcement will need to be trained and educated on how put an end to the brutal killings. The men and women on the frontlines of conservation are perhaps the most important protectors of the world’s natural and cultural treasures. Rangers work tirelessly to protect endangered species like tigers, elephants and rhinos, which are targeted by poachers for the illegal wildlife trade. They usually earn very little and some go months without receiving their salary or seeing their families.
If there was an opportunity to put $1 million toward something that deals with the Endangered Species Act policy, it would go toward the training of these men and women, as well as toward efforts to promote awareness. Ivory trade is illegal, and killing endangered species is illegal. However, these poachers hunt elephants because of the low-risk, high-reward factor. Whether it is illegal or not. The more money they can sell the ivory for, the more they are want to have it available to sell, meaning more elephants killed. Experts say nearly 100 elephants die every day, far more than are born.
Those that are fighting for the lives of these animals need to have proper training and knowledge regarding the situation. With proper training, there will be a greater outcome in stopping the crimes that are taking place. Supporting their efforts through this project will benefit help rangers get the equipment, training, resources and infrastructure they need to stop wildlife crime, as well as help in preservation of endangered animals, not just elephants.
Along with the training, equipment, etc. promoting awareness of this situation is also important. Not many people know much about the animal trafficking that is taking place in countries such as Africa and Asia. In the United States we don’t hear a lot about this issue, so if it were to be promoted heavily, more donations and more efforts would be made to help stop the animal trafficking, as well as the preservation of endangered species around the globe.