Legal Protection of Species Do Environmental Laws Work? Tortuguero National Park – Costa Rica

A History of Endangered Species Wildlife and other Natural resources were perceived as limitless by the Europeans who colonized the United States.

Men killing fur seals on Saint Paul Island, Alaska, 1890’s

The Fur Trade

Pelt sales (in thousands) in the London fur market – the drop beginning in the 1880s reflects dwindling sea otter populations. From William T. Hornaday’s Book Our Vanishing Wildlife published in 1913.

Official Record Of Game Killed In Louisiana During The Season (12 Months) Of 1909-10 Birds Wild Ducks, sea and 3,176,000 river Coots 280,740 Geese and Brant 202,210 Snipe, Sandpiper and 606,635 Plover Quail (Bob-White) 1,140,750 Doves 310,660 Wild Turkeys 2,219 ------Total number of 5,719,214 game birds killed Mammals Deer 5,470 Squirrels and Rabbits 690,270 ------Total of game 695,740 mammals Fur-bearing mammals 1,971,922 ------Total of mammals 2,667,662 ------Grand total of birds 8,386,876 and mammals The first systematic attempt to list all species “threatened with early extermination” was William T. Hornaday’s Our Vanishing Wildlife, published in 1913.

Free ebook From William T. Hornaday’s Book Our Vanishing Wildlife published in 1913.

Hornaday was an eminent zoologist and a taxidermist.

Six Recently Exterminated North American Birds:

• Great Auk • Labrador Duck • Pallas Cormorant • Passenger Pigeon • Carolina Parakeet • Eskimo Curlew

The great auk was once found across the North Atlantic but is now extinct.

Great Auk Known as the penguin of the north, the great auk was the only flightless auk.

The great auk was heavily hunted in the mid 1800s, with feathers, meat, fat and oil in high demand.

The great auk was finally driven to extinction by collectors wanting increasingly precious specimens. The Labrador Duck • This is the first bird species found in continental North America to disappear during the wave of extinctions that began soon after European settlement. The species disappeared before much could be learned about its biology.

• The species probably bred on the rocky islands in the Gulf of St. Lawrence, and possibly on coastal Labrador. The bird wintered close to shore along the Atlantic Coast of North America where the last collected specimen was shot in 1875. Pallas Cormorant The species was first identified by George Stellar in 1741 on Vitus Bering’s Kamchatca expedition. The population declined quickly after visitors to the area started collecting the birds for food and feathers. Reports of profitable whaling grounds and large populations of Arctic foxes and other animals with valuable pelts led to a massive influx of whalers and fur traders into the region. The last birds were reported to have lived around 1850 on Ariy Rock islet, off the northwestern tip of Bering Island. The Passenger

Pigeon A photograph of Martha in her cage at the Cincinnati Zoo

From William T. Hornaday’s Book Our Vanishing Wildlife published in 1913. Passenger Pigeon

The passenger pigeon was once As in the case of these fisheries, intensive the most numerous bird on planet. market hunting of Passenger Pigeons was

aided by ever-improving technology. Flocks 1 mile wide and 300 miles Sophisticated netting techniques allowed long. the "catch" to be more complete. Whole

railroad lines were installed to export The winner of one hunting hundreds of tons of squabs (young competition killed 30,000 birds. pigeons) and adults from massive colonies

in the northern deciduous forests to city The last passenger pigeon named markets, and freezer cars facilitated this “Martha” died at the Cincinnati Zoo long-distance shipping. in September 1st, 1914. Carolina Parakeet

• This was the only parrot native to continental North America north of Mexico. The Carolina Parakeet inhabited deciduous forests in the eastern United States as well as wooded river bottoms of the Great Plains. It nested in tree cavities and ate the fruits and seeds of many trees and other plants.

• The story of the Carolina Parakeet runs parallel to that of the Passenger Pigeon in that they were regarded as serious pests, they were slaughtered in great numbers, and the last representatives of the species died at the Cincinnati Zoo. Until the 1870s, immense migrating flocks of Eskimo Eskimo Curlew Curlews that left their breeding grounds in the Arctic would stop to feed on blueberries and fruits in Eastern Canada and New England in route to their wintering grounds in Argentina. Similarly sized flocks migrating north in the spring fed upon grasshoppers and other insects in the Great Plains. Despite its vast numbers, the Eskimo Curlew population was devastated over just a 20-year period, and was rarely seen after 1890. Such a swift disappearance can be explained by a lethal combination of three simultaneous events. 1. After Passenger Pigeons disappeared, the Eskimo Curlew became the target of choice for market hunters in search of new foods to exploit. 2. During its migration northward in April and May, the Eskimo Curlew depended almost exclusively on the abundant insect foods of native tallgrass and mixed grass prairies. In the late 1800s, these critical habitat patches were virtually eliminated by wholesale conversion of prairies to agricultural fields and by widespread suppression of wildfire. 3. Extinction of the Eskimo Curlew's primary spring food item, the Rocky Mountain grasshopper. List Of Birds Now Being Exterminated For The London And Continental Feather Markets: Species. Locality. Venezuela, S. America, W.T. Hornaday complied a list of all the birds being exterminated by American Egret Mexico, etc. Venezuela, S. America, Snowy Egret Mexico, etc. the growing number of ‘plume-hunters’ harvesting birds for the Scarlet Ibis Tropical South America. Species not recognizable “Green” Ibis by its trade name. Herons, generally All unprotected regions. London feather markets in almost all parts of the world: Marabou Stork Africa. Pelicans, all species All unprotected regions. Bustard Southern Asia, Africa. Greater Bird of New Guinea; Aru Islands. Paradise Lesser Bird of New Guinea. Paradise Islands of Waigiou and Red Bird of Paradise Batanta. Twelve-Wired Bird of New Guinea, Salwatti. Paradise Black Bird of Paradise Northern New Guinea. Rifle Bird of Paradise New Guinea generally. Jobi Bird of Paradise Island of Jobi. King Bird of Paradise New Guinea. Magnificent Bird of New Guinea. Paradise Impeyan Pheasant Nepal and India. Tragopan Pheasant Nepal and India. Argus Pheasant Malay Peninsula, Borneo. Silver Pheasant Burma and China. Golden Pheasant China. Jungle Cock East Indies and Burma. Peacock East Indies and India. Condor South America. Vultures, generally Where not protected. Eagles, generally All unprotected regions. Hawks, generally All unprotected regions. Crowned Pigeon, two New Guinea. species “Choncas” Locality unknown. Pitta East Indies. Magpie Europe. Touracou, or Plantain- Africa. Eater Velvet Birds Locality uncertain. “Grives” Locality uncertain. Mannikin South America. Green Parrot (now India. protected) “Dominos” (Sooty Tropical Coasts and Tern) Islands. Garnet Tanager South America. Grebe All unprotected regions. Green Merle Locality uncertain. “Horphang” Locality uncertain. Rhea South America.[Page 120] “Sixplet” Locality uncertain. Starling Europe. Tetras Locality not determined. Emerald-Breasted West Indies, Cent, and S. This map based on Hummingbird America. Blue-Throated West Indies, Cent, and S. Hummingbird America. Hornaday's research Amethyst West Indies, Cent, and S. Hummingbird America. Resplendent Trogon, Central America. several species Cock-of-the-Rock South America. Macaw South America. Toucan South America. Emu Australia. Sun-Bird East Indies. Owl All unprotected regions. Kingfisher All unprotected regions. Jabiru Stork South America. Albatross All unprotected regions. Tern, all species All unprotected regions. Gull, all species All unprotected regions. Market Hunting Plume Hunter

1600 HUMMINGBIRD SKINS AT 2 CENTS EACH. Part of Lot Purchased by the Zoological Society at the Regular Quarterly London Millinery Feather Sale, August, 1912. Lady’s hat decorated with stuffed bird. Photo courtesy of Clackamas County Historical Society The first official list of endangered wildlife was released in 1942 by the American Committee for International Wildlife Protection.

It took 6 years to make this list and Glover Allen died of heart failure before the book was released.

The committee hoped it would encourage international cooperation to preserve vanishing wildlife. Fading Trails: The Story of Endangered American Wildlife • Also published in 1942 – this was a book for the general public. • Put together by a group of biologists from the National Park Service and the Fish and Wildlife Service. • Had chapters on 25 “vanishing species”. • “Vanishing was the common term for rare species until the 1960’s when endangered and threatened came to be used. International Union for the Protection of Nature founded in 1948 • Now called the IUCN (International Union for the Conservation of Nature.) • In 1949 published a list containign 27 gravely endangered species (14 mammals and 13 birds) • Precursor to the IUCN Red List, the worlds most comprehensive list of threatened species. Published September 1962

By focusing on the decline of birds, Carson helped bring species extinctions for the forefront of the environmental movement.

In 1964 the department of interior published its first list of extinct and endangered fish and wildlife. Legal Protection of Species Do Environmental Laws Work? Tortuguero National Park – Costa Rica

The Lacey Act of 1900 • First federal protection of endangered species

• Law was passed in response to growing public concern over the decline of the passenger pigeon.

The passenger pigeon was once the most numerous bird on planet.

Flocks 1 mile wide and 300 miles long.

The last passenger pigeon named “Martha” died at the Cincinnati Zoo in September 1914. The Lacey Act

• The Lacey Act prohibits interstate commerce of animals killed illegally and requires the secretary of agriculture to preserve, introduce, distribute and restore wild bird and game bird populations. • Today the Lacey Act regulates the import of any species protected by international or domestic law and prevents the spread of invasive or non-native species.

Lacey Act The Lacey Act has been amended to include illegal trafficking in “illegal” wildlife, fish, and plants. To import certain plant and plant products you need an import declaration. India Africa

A 2008 amendment to the Lacey Act included anti-illegal logging provisions. In 2009 there was a raid on facilities of Gibson Guitar Corporation in which hardwoods that had been illegally harvested in Madagascar were seized. The USFWS announced a ban under the Lacey act effective March 23, 2012 on the importation of 4 species of constrictor Snakes due to the snake’s impact on the Florida Everglades.

• Constrictors grow fast – some 20 ft. long 200 lbs. • They are habitat generalists. • They are arboreal (tree dwelling) and feed on birds and arboreal mammals. • They are tolerant of urbanization. • They mature rapidly and produce lots of offspring. • They serve as potential hosts for parasites and diseases . • In 2009 2 Year old was strangled in her crib by a 9 foot Burmese Python. • Python may be on the brink of wiping out what remains of the endangered Key Largo wood rat and other South Florida animals like the Key Deer.

Yellow anaconda captured in Putting a radio transmitter in a Big Cypress Natural Reserve Burmese python

Endangered Key Largo rats found in the stomach of a Boa Constrictor Burmese python The Endangered Species Act of 1973

• “Provides a means whereby the ecosystems upon which endangered and threatened species depend may be conserved [and] to provide a program for the conservation of species”. By protecting habitats, the ESA in effect uses listed species as indicator species to protect entire biological communities and the thousands of species they contain. The Endangered Species Act

• Petition to list – Endangered • “Is in danger of extinction throughout all or a significant part of its range” – Threatened • “Likely to become endangered within the foreseeable future” – Candidate species • Species that potentially qualify for listing. Human supervised migration

Link to USFWS Official Listing

• Species that appear on the “Endangered and Threatened Wildlife and Plants” list maintained by the U.S. Fish and Wildlife Service. (USFWS)

• Since 1973 more than 1,400 U.S. species have been added to the list including the whooping crane and manatee.

Note: Many species are listed only when there are fewer than 100 individuals left. Critical Habitat To Be Designated at Time of Listing

• A species “critical habitat” is the area “essential to the conservation of the species”.

• Authorizes the acquisition of land essential to endangered or threatened species through the Land and Water conservation Fund Act.

• Sources of revenue include oil a gas leases. Section 7: Consultation

• Requires federal agencies to consult with the USFWS (U.S. Fish and Wildlife Service) or NMFS (National Marine Fisheries Service) when projects, permits, or other federal actions will affect a listed species or its critical habitat. • This section has generated the most controversy. Example: the spotted owl. Section 9: Prohibition on Take • Take means “to harass, harm, pursue, hunt, wound, trap, capture, collect, or attempt to engage in any such conduct.

• The definition of “take” can also include the damaging of habitat of an endangered species.

• Applies to all partied, public or private. CBS Sunday Morning The Endangered Species Act Video on the ESA Joel Sartore Section 10: Incidental Take

• 1982 amendment allows the USFWS to issue an incidental take permit in situations where developers and landowners have prepared “habitat conservation plans” or HCP’s.

• HCP’s must specify – The impact that will result from taking. – The steps to minimize such impacts. – The funding that will be available to implement these steps. – The alternative actions to the taking considered by the applicant and the reasons why such alternatives were not chosen.

Note: Private lands harbor populations of more than 2/3 of listed species. “Safe Harbor” Agreements

• Voluntary agreements between a private landowner and FWS. The landowner agrees to alter the property to benefit or even attract a listed or proposed species in exchange that the FWS will permit future “takes” above a pre-determined level. The Red – Cockaded Woodpecker

Longleaf Pine Pinus palustris forest It seeks out only living pines with red heart disease, a fungus that affects the tree’s heartwood, in which it excavates nesting holes, drilling smaller holes to drain pitch. Groups usually breed in loose colonies in stands of tall pines, reusing their nests from year to year. The specificity of the bird’s breeding habitat makes it extremely vulnerable to habitat loss. Red heart fungus was once common in trees at least 70 years old, but most pines are cut before they reach that age, resulting in a shortage of nesting sites. Fire prevention and suppression policies have also negatively impacted the species, allowing underbrush to clog the open forests it prefers. Red-cockaded woodpeckers live only in mature pine forests of the American southeast. Chiricahua Leopard Frog • Principle threats are non-native predators Safe Harbor Agreement (bullfrogs and numerous fish species) an a fungal disease called chytridiomycosis. • Ranchers Matt and Anna Magoffin hauled 1000’s of gallons of water by truck, week after week, for two years to sustain a population in a stock tank that was drying out during a drought. • Scientists unaware of the population. The ranges invited biologist from nearby wildlife refuge to see population at ranch. • The Malpai Group worked with the FWS to develop Safe Harbor agreements so ranchers that intentinally create habitat or introduce frogs to existing habitat are not penalized. • FWS assigned the Magoffin’s a baseline of “Zero” on their ranch.

USFWS species profile Success Stories

• Brown pelican • Peregrine falcon • Bald eagle • American alligator Species Whose Populations Have Increased Since Listing

Species Population size at Population size at Removed from List listing specific time Bald Eagle 417 pairs 11,040 pairs Removed in 2007 Whooping Crane 54 birds 436 birds in 2003 Not removed Kirtland’s Warbler 210 pairs 1,415 pairs in 2005 Not removed Peregrine Falcon 324 pairs 1,700 pairs in 2000 Removed from list Gray Wolf Populations have increased in certain locations Gray Whale 13,095 whales in 1968 26,635 whales in 1998 Removed from list Grizzly Bear 271 bears in GYE in1975 580 in GYE in 2005 Removed from list CA Southern Sea Otter 1,789 in 1976 2,735 in 2005 Not removed Red Wolf 17 in 1980 257 in 2003 Not removed Florida’s Key Deer 200 in 1971 750 in 2001 Not removed Hawaiian Goose 400 in 1980 1,275 in 2003 Not removed Black-Footed Ferret 18 in 1986 600 in 2006 Not removed IUCN Red List http://discover.iucnredlist.org/ http://www.arkive.org/ www.iucnredlist.org

• Standardized way to access a species status • Consistent quantitative criteria to determine status IUCN Categories

EXTINCT (EX) - A taxon is Extinct when there is no reasonable doubt that the last individual has died.

EXTINCT IN THE WILD (EW) - A taxon is Extinct in the wild when it is known only to survive in cultivation, in captivity or as a naturalized population (or populations) well outside the past range. A taxon is presumed extinct in the wild when exhaustive surveys in known and/or expected habitat, at appropriate times (diurnal, seasonal, annual), throughout its historic range have failed to record an individual. Surveys should be over a time frame appropriate to the taxon's life cycle and life form.

CRITICALLY ENDANGERED (CR) - A taxon is Critically Endangered when it is facing an extremely high risk of extinction in the wild in the immediate future, as defined by any of the criteria A to E in Table 6.1. (Next slide)

ENDANGERED (EN) - A taxon is Endangered when it is not Critically Endangered but is facing a very high risk of extinction in the wild in the near future, as defined by any of the criteria A to E in Table 6.1 (Next slide)

Table 6.1: IUCN Criteria for the Assignment of Conservation Categories IUCN Categories

VULNERABLE (VU) - A taxon is Vulnerable when it is not Critically Endangered or Endangered but is facing a high risk of extinction in the wild in the medium-term future, as defined by any of the criteria A to E in Table 6.1 IUCN Categories LOWER RISK (LR) - A taxon is Lower Risk when it has been evaluated, does not satisfy the criteria for any of the categories Critically Endangered, Endangered or Vulnerable. Taxa included in the Lower Risk category can be separated into three subcategories:

1. Conservation Dependent (cd). Taxa which are the focus of a continuing taxon- specific or habitat-specific conservation programme targeted towards the taxon in question, the cessation of which would result in the taxon qualifying for one of the threatened categories above within a period of five years.

2. Near Threatened (nt). Taxa which do not qualify for Conservation Dependent, but which are close to qualifying for Vulnerable.

3. Least Concern (lc). Taxa which do not qualify for Conservation Dependent or Near Threatened. IUCN Categories DATA DEFICIENT (DD) A taxon is Data Deficient when there is inadequate information to make a direct, or indirect, assessment of its risk of extinction based on its distribution and/or population status. A taxon in this category may be well studied, and its biology well known, but appropriate data on abundance and/or distribution is lacking. Data Deficient is therefore not a category of threat or Lower Risk. Listing of taxa in this category indicates that more information is required and acknowledges the possibility that future research will show that threatened classification is appropriate. It is important to make positive use of whatever data are available. In many cases great care should be exercised in choosing between DD and threatened status. If the range of a taxon is suspected to be relatively circumscribed, if a considerable period of time has elapsed since the last record of the taxon, threatened status may well be justified.

NOT EVALUATED (NE) A taxon is Not Evaluated when it is has not yet been assessed against the criteria. • What is CITES – Created at Convention of 80 countries in Washington DC in 1973 (Now there are 178 member countries). – An international agreement between governments to ensure international trade in specimens of wild plants and animals does not threaten their survival – More than 30,000 species of animals and plants receive various degrees of protection from CITES – CITES is an international agreement to which countries adhere to voluntarily The Structure of CITES www.CITES.org

UNEP: United Nations Environmental Program

Conference of the Parties Parties = Member countries

Every 2 – 3 years the Conference of the Parties meets to review the implementation of the convention. Members of the public may also attend the meetings but theycannot participate in discussions.

The Secretariat coordinates and distributes information to member parties CITES Member Countries CITES Appendix I

• Prohibits commercial trade in species that are threatened with extinction.

• These species may be traded only under special circumstances, usually for display or scientific purposes.

• Examples include great apes, sea turtles, giant pitcher plant CITES Appendix II • Appendix II – Includes species not necessarily threatened with extinction, but in which trade must be controlled in order to avoid utilization incompatible with their survival. – Examples include the Mexican population of bighorn sheep, the maned wolf of South America, and the Vicugna of South America

CITES Appendix III

• Appendix III – Provides an option of listing a species protected within the borders of a country. This country may ask other CITES members for assistance in controlling the trade. – Examples include the northern tamanuda and the African civet.

TRAFFIC Trade Record Analysis of Flora and Fauna in Commerce www.traffic.org • TRAFFIC’s mission is to ensure that trade in wild plants and animals is not a threat to the conservation of nature. • TRAFFIC is a joint program of the WWF (World Wildlife Fund) and the IUCN (International Union for the Conservation of Nature) • TRAFFIC is a non-governmental organization (NGO) that focuses solely on the international wildlife trade. Some Functions of TRAFFIC • Collects data on the volume and types of wildlife trade. • Promotes public awareness – Alerts tropical fish buyers – coral reef fishes – Attempts to slow souvineer and gift trade in endangered species. – Attempts to educate people about endangered species. http://www.traffic.org/campaigns/ • Uncovers smuggling rings An information panel in A TRAFFIC India billboard raising Suvarnabhumi airport, Thailand, awareness about Tiger conservation alerts passengers "wildlife trafficking STOPS here"

TRAFFIC investigators found Campaign poster: Graphic images the parts of an depict the long evolutionary history of a estimated 23 tigers particular species, ending abruptly at for sale the use that threatens its survival. Some key moments in TRAFFIC's history

•1992: TRAFFIC develops the Bad Ivory Database System (BIDS) to hold worldwide records of ivory seizures and confiscations. In 1994 it becomes the Elephant Trade Information System (ETIS), and is adopted by CITES.

•1993: TRAFFIC publishes a review of the European medicinal plant trade, and begins to asses the impact of this trade on wild plant populations and local health care systems. Following an investigation by TRAFFIC, the largest seizure of tiger bones ever recorded is made in India: 283 kg tiger bones, 8 tiger skins and 60 leopard skins.

•1994: TRAFFIC publishes “Killed for a cure: a review of the worldwide trade in tiger bone”. Some key moments in TRAFFIC's history

•1996: TRAFFIC assists in investigations leading to arrests and seizures of ivory and shahtoosh shawls, in India. TRAFFIC publishes a review of the caviar trade from the Caspian Sea. A year later all sturgeon species are listed in the CITES Appendices.

•2007: A major report into Tiger farming finds that legalizing the trade would create demand, leading to increased poaching of wild Tigers. At CITES CoP14, Parties adopt by consensus a Decision to ban the raising of captive tigers for trade, and China is urged to phase out its large-scale commercial tiger farms. Just prior to CITES CoP 14, TRAFFIC ETIS report reveals the alarming levels of ivory poaching and the link to organized crime. Display of illegal wildlife products used in Chinese medicine confiscated by customs officers at Heathrow Airport, UK. © WWF-Canon/Edward PARKER TRAFFIC provides information and assistance to help the decision-making processes at CITES, supporting efforts to ensure that international wildlife trade is at sustainable levels and does not pose a threat to the conservation of species.

Awareness Campaigns

TRAFFIC Video: Wildlife and Forest Crime