ALERT: ESA Modernization Bill

HR102 was introduced by Representative Andy Biggs (Arizona). This bill amends the Endangered Species Act to prevent a species that is not native to the United States from being listed as an endangered or threatened species. You may read the bill details at https://www.congress.gov/bill/119th-congress/house-bill/102.

Like many aspects of our world today, the Endangered Species Act (ESA) must evolve and see change. Enacted in 1973, ESA is now outdated and extremely flawed. While well-intended in 1973, the regulation of nonnative species through ESA just does not work (especially since FWS has no authority to regulate the wildlife in foreign countries and profiteering “enviro” groups now manipulate ESA for fraudulent fundraising, thus costing the Government many millions of dollars which could instead be used for legitimate conservation).

In fact, the listing of nonnative species under the ESA is not just redundant and pointless, the ESA is actually harmful to conservation efforts for nonnative species. Through modern, multifaceted methodologies such as conservation through education, utilization of captive populations, and consideration of genetic diversity, we can do better than the archaic 1973 law. Currently, ESA places severe restrictions on interstate movement and effectively creates detrimental genetic islands limited to populations within states. The ESA does nothing to conserve or protect the habitat for nonnative species, merely giving lip service to conservation while hindering real conservation and education efforts.

For many years now, the Convention on International Trade in Endangered Species (CITES) has been the global organization administering international trade and movement of endangered and threatened species. CITES is now an incredibly robust worldwide society with nearly 200 member countries.

For many reasons, ESA should not include nonnative species, but should focus entirely on native species. America must more efficiently utilize and protect the resources we have. We must tighten the reins and terminate wasteful expenditures of our money and energy. Regarding this issue, that means turning ESA’s focus solely to native species, while collaborating with CITES for nonnative species matters.

While well-intentioned, the ESA is over 50 years old and desperately needs amendments and modernization. ESA has become overreaching and draconian, especially regarding Captive Bred Wildlife (CBW) permits for nonnative species.

Let’s bring conservation into the 21^st Century by removing the duplicate listings of nonnative species on the ESA and allowing the U.S. Fish and Wildlife Service to focus on saving America’s endangered species.

You may read the history of similar bills for the previous three sessions of Congress at https://usark.org/action-alert-h-r-2603/.

Talking Points

1. Enhances conservation of endangered species by allowing for improved genetic diversity among captive populations previously isolated by arbitrary geographic lines;
2. Decreases federal spending by millions of dollars through elimination of unnecessary regulation, petition responses, and litigation by profiteers;
3. Removes duplicate regulations as CITES will continue to regulate international movement and protection of endangered species;
4. Increases genetic strength of captive populations as private breeders, in addition to zoos, are successfully breeding ESA-listed species and this would allow for far greater success of breeding programs;
5. Allows captive propagation to aid conservation by providing essential understanding of husbandry and biology of endangered species;
6. Saves additional millions of federal dollars by preventing exploitive NGOs from profiting by misusing ESA to continually litigate against the USFWS;
7. Liberates precious USFWS resources by abolishing the pointless and costly Captive Bred Wildlife permit system, as well as the five-year review process, for nonnative species;
8. Over 650 nonnative animal species are listed, nearly 1/3 of the species on ESA, with more petitions mounting annually, thus crippling FWS’ ability to focus upon and save native species;
9. ESA has been successful for recovery of native species, not nonnative species;
10. Eliminates unintended conflict between federal and state law where bans on possession of these species destroy both conservation and American freedoms in 26 states;
11. Eradicates unintentional conflict between ESA and CITES;
12. Prevents criminalization of responsible Americans and animal owners whose species of interest are frequently being unjustly listed under ESA due to political pressure from pseudo-environmental groups;
13. Increases commerce and economic opportunity through deregulation of interstate movement;
14. Allows FWS to continue regulating nonnative invasive species and in no way impairs their ability to do so.