Endangered Species Act Should Be Altered to Cover Economic Impact

Much has been in the news lately about the California gnatcatcher, but many don’t know about the shameful role that Rep. Christopher Cox (R-Newport Beach) has played in an attempt to delay a decision to federally protect the threatened gnatcatcher.

At the urging of Orange County developers, the local congressman is a leader in asking the Department of the Interior to override a decision of the U.S. Fish and Wildlife Service to close public comment on the gnatcatcher studies.

The public comment for the gnatcatcher was already extended longer than what is considered usual in these cases, but Cox wants it extended again, and is going over the heads of Fish and Wildlife to do it.

Further delay could have a catastrophic affect on protecting the gnatcatcher. According to a recent report from the Fish and Wildlife Service, at least 1,000 acres of potential gnatcatcher habitat has been destroyed in the last six months. Time weighs heavily on this issue.

The Fish and Wildlife Service is the responsible agency for gathering scientific data to evaluate if a species should be listed and protected as an endangered species. By law, it has up to 12 months to collect and evaluate the data and make its recommendation.

But in this case, Cox is asking the usual 12-month review period be extended to 18 months. This in spite of a preponderance of scientific evidence establishing that gnatcatcher numbers have so severely dwindled from overdevelopment in coastal sage scrub areas that some immediate action is mandatory to save the tiny songbird.

His stated concern is that results of spring nesting could show an increase in the gnatcatcher population, making federal listing unnecessary. However, biologists with the National Audubon Society and the Manomet Bird Observatory say that even if the gnatcatcher population doubled--not very likely--its numbers would still be so low as to require some immediate protection.

A more sensible solution would be to support immediate listing of the gnatcatcher, evaluate its progress and remove it from endangered status at a future point if scientific evidence concluded it was safe to do so.

The approach taken by Cox delays protection of a species that could otherwise be saved, and gives conservationists one more reason to doubt the commitment of Orange County politicians to protecting the environment.

MICHAEL PHILLIPS

Executive Director

Laguna Canyon Conservancy