A grizzly bear catches a salmon. The grizzly was one of 14 mammals listed in the original Endangered Species Act, which turned 50 on Dec. 28, 2023. (Nicholas Dale/iStock photo)
Did you miss the party on Dec. 28, 2023, while prepping for New Year’s Eve? No worries, you may celebrate in the privacy of your own home. The event was the 50th anniversary of the Endangered Species Act, one of the most consequential and controversial acts of Congress in our lifetimes. Love it or hate it, 80% of Americans support retaining the legislation.
If you are a logger seeking to cut old-growth forests, or a rancher seeking to convert sensitive desert habitat to grazing land, the Endangered Species Act triggers conniption fits. If you believe gray wolves and grizzly bears should have the same freedoms to procreate and relocate as humans, the act is a vehicle for achieving your goals. If you are an energy executive hoping to tap billions of barrels of oil under the Arctic National Wildlife Refuge, you are begging your senators to chop funding for the Endangered Species Act. If you are a botanist who treasures rare plants like the Furbish lousewort and the Navasota ladies-tresses, the Endangered Species Act is probably your only hope.
Some history is in order. The story of mankind’s stewardship of the Earth and her species is a sordid tale. The tide began to turn in 1900, when Congress passed the Lacy Act to prevent the sale of illegally harvested game animals. In 1918, the Migratory Bird Treaty Act arrived. 1937 saw the International Agreement for the Regulation of Whaling to protect the right whales that have been so much in the Maine news. The 1940 Bald and Golden Eagle Protection Act added new safeguards.
In the opening chapter of 1962’s “Silent Spring,” Rachel Carson wrote, “A grim specter has crept upon us almost unnoticed,” and predicted that chemical pollution would become a stark reality for all of us. Carson would savor what author Paul Brooks credits to her: “environmental legislation at every level of government.” After early endangered species legislation in 1966 and 1969, President Richard Nixon declared species conservation efforts to be inadequate. In response, Congress passed the sweeping Endangered Species Act of 1973. Incredibly, in comparison with our current Washington morass, the Endangered Species Act was unopposed in the Senate and passed the House 390-12!
The Endangered Species Act charged the federal government with protecting mammals, fish and plants listed as endangered or threatened. It mandated preparation and implementation of recovery plans for listed species. It enabled protection of “critical habitat” to support species recovery. Federal agencies were required to cooperate with states and give them financial assistance. Finally, we joined the Convention on International Trade in Endangered Species of Wild Flora and Fauna to block trafficking in products like ivory and rhinoceros horns.
The original act listed 14 mammals, 36 birds, 12 reptiles and amphibians, and 22 fish species. Among them were the bald eagle, Florida panther, American ivory-billed woodpecker, red wolf, California condor, and grizzly bear. Today the U.S. list, maintained by the U.S. Fish and Wildlife Service, stands at 1,252 endangered species and 417 considered threatened. In addition, another 65 species have been proposed for listing, with 17 species accepted as candidates when manpower and funding is available. This latter group includes the monarch butterfly.
Many states passed versions of the Endangered Species Act, including Maine in 1975 for land-based creatures and in 2003 for marine wildlife. Maine also created the 1983 Chickadee Check-off that allows taxpayers to contribute to conservation efforts and the 2008 Sportsman license plate, directing 10% of sales to protecting endangered species. Today Maine lists 26 species as endangered and 31 as threatened, including the piping plover, Atlantic sturgeon, hawksbill sea turtle, and Canada lynx.
Supporters argue that the Endangered Species Act has been successful, since 95% of the species on the original list are still with us, and only 32 species listed at any time are now extinct. Against an original forecast that 300 species would be recovered by now, only 57 have been delisted, including the bald eagle, peregrine falcon, gray wolf, and humpback whale. Unfortunately, the U.S. Fish and Wildlife Service has been slow in developing recovery plans for every listed species, and Congress has not provided sufficient funding for those plans.
The reality is that 50 years is insufficient to recover species that are near extinction or dependent upon scarce habitat threatened by ongoing development. In battling over the snail darter fish and a major dam, or the loss of 32,000 jobs to protect the northern spotted owl, species recovery often clashes with economics. Evolution always moves forward and some species cannot recover, but we must continue the fight for conservation.
Ed Robinson’s latest book, “Nature Notes from Maine Vol. II: Puffins, Black Bears, Raccoons & More,” is available from the Harpswell Heritage Land Trust. All profits support HHLT’s conservation and education efforts.
