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Appendix A
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.
Dr. Frank Irene, Director
National Academy of Sciences
2101 constitution Avenue, N.W.
Washington, D. C. ZOd 18
Deer Doctor Press:
-
`:ongr`~` ef tbe 43'lfteb ~tattd
=~f~t~ton' 934; 20515
November 27, 19 9
We are writing to request the National Academy of Sciance'; to
conduct a t;tucly of genera ~ issues related to the Endangered
Species Act ~ ESA) .
P`~mo`;t two decades havo pb88e~ since the Endangered Species Act
was first enacted by congress. During its implementation,
severed important and highly complex biolog~ca1 issues have
arisen. We propose that the Academy review the following issues;
and e~raluate how they relate to the overall purposes of the
Endangered Species Act.
I. DEFINITION OF SPECIES. one of the fundamental conceptual
building blocks of the ESA is the concept of " ~;Peclea`~ .
There
have been cons iderable dis Cuss ions w ith in ~ cienti ~ ic c ire} as on
how to identify the appropriate taxonomic units to achieve the
purposes of the Act, Witch particular focus on the question of
populations and Population segments.
_ ~_
. .
we would therefore
appreciate Preview of tune manner in which the term "species" has
been implemented in order to evaluate how to identity those units
that wl ~ ~ bent serve the purposes of ache Act .
2 . CONFLICT,:; BETWEEN ~ SPECIES. _ ~ _
of sa Imon in the Pacif ic northwest padre generated clif f icult
issues about how to reconcile the conservation needs of different
Prono`;als to lint ~;~=Q - a 1 I.
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November 27, 1991
Page Two
Iced species where 1:hose needs may conflict. Closely related
guest;ion'; have also arisen about how to account for the off oCtE~
or conservation etrorts under ache ESA on other potential ly
imperiled `;pecios anc! other environmental values generally. We
would welcome the recommendations or the Academy on the severity
of 1:hese type`; of problems and how bait to address them.
3 . RODE OF HAB]:TA~ CONSERVAT]:ON. Many observers; cieba~ce fiche role
that habitat protection could play in achieving the purposes of
the ACE in relation to the current e~npha6; is on protecting
individual species . The Act current! y pa oxides severs]
mechanism`; for the protection or habitat through the designation
of critical habitats the adoption or habitat conservation plans
and ocher provisions. We would appreciate an evaluation of the
role or habitat protection in contributing to the conservation of
specious, bot:h wide ranging and narrowly distributed, ant! a review
of fiche relationallip of habitat protection mechanisms of the Act
deco itch other requirements.
4. R5:COvE~x P~NItIG. Another issue closely related to item
three is whether recovery planning is properly integrated with
the other requirement" of Me ESA. For example, some
commentators have suggested that the designation of critical
habitat: before the development of recovery plans may not be
prudent: and that the two enforce ought t:o be more c3~o';ely
integrated. We would therefore appreciate a review of the role
of recovery planning in the Act and any recommenda~clons on how
recovery planning cou id better contribute to the purpc>tie'; of ache
Act .
5 . RISK. Judgments about acceptable r isk pervade many of ache
cieci'3ions required by fiche Endangered species Act, including those
relating to whether and how to list a species and what
cons~ci.CUtes Jeopardy, adverse modification, reosonable and
prudery alternatives, taking, conservation and recovery. We
would appreciate a review of the role that risk has played In
decisionmaking under the I;SA. We would also appreciate ~ review'
of whet:her different levels of risk ought to apply to different
types of decisions (and the practical methods that might be
employed to assess risk) to better achieve the purposes of the
Act while providing f lexibility in appropr' ate circumstances to
accommodate other off] ecti~re6 zoo well .
6. ISSUES OF TIMING. one f ina1 question that deserves; review
relates Taco the timing of certain key decisions; under 'che Act. tile
wou ld we lcome the recommendations of the Academy on how to
improve the timing of decisions under the Act In carder to better
serve it'; purposes awhile minimizing otherwise uni nter,ded
consequences .
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.
4
November 27, 1991
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We appreciate your attention to Chit; request and believe that a
report by the tintional Academy could make an impor~cant
con~cribution to the public discourse on ache Endangered Specie';
ACt. Should you have any questions about it, please do not
hesitate to contact will stelle, sandy Ma~iesen or Mark Wallcer
of our staffs.
With king! regards.
Thomas Foley
The Speaker
Sincerely,
/ ~
/ A/~
Mark 0. Hatf told
U. I; . Senatar
I LED
Gerry~hairman
Subcom tee on Fisheries and wildfire
concert Lion and ache Environment
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Representative terms from entire chapter:
species act
