TESTIMONY OF DON KNOWLES
NATIONAL MARINE FISHERIES SERVICE
NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION
DEPARTMENT OF COMMERCE
ON THE LISTING AND DELISTING OF SPECIES UNDER THE ESA
SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS SUBCOMMITTEE ON FISHERIES, WILDLIFE AND DRINKING WATER
MAY 9, 2001
Mr. Chairman, my name is Don Knowles and I am Director of the Office of
Protected Resources in the National Marine Fisheries Service (NMFS), an agency
of the National Oceanic and Atmospheric Administration. Thank you for the
opportunity to testify on the process we use to list and delist species under
the Endangered Species Act (ESA).
The ESA provides for the recovery of
threatened and endangered species and the conservation of their ecosystems.
Terms such as conservation, species, threatened, endangered, and critical
habitat are defined in the Act. Section 4 elaborates on listing, delisting,
critical habitat and recovery. This section states that listing determinations
are to be made solely on the basis of the best scientific and commercial data
available after conducting a review of the status of the species and after
taking into account those conservation efforts, if any, being made by any
locality, State, foreign nation or tribal government. In the 1988 amendments to
the Act, the word "solely" was added to the above criteria to expedite the
listing process and to prevent non-biological considerations, such as economic
impacts, from affecting listing determinations. The Act also requires recovery
plans that include specific management actions that will achieve the plan's
goal. Plans must include measurable criteria, which, when met, will result in
removing the species from the list.
Implementing regulations for listing,
delisting, or designation of critical habitat were developed jointly with the
U.S. Fish and Wildlife Service (FWS). The process for listing usually begins
when we receive a petition to list a species. In some cases, when we have
information indicating that a species may warrant listing, NMFS will begin the
process without a petition. The next step is to evaluate the status of the
species, that is, to conduct a status review. Based on the status of the species
and after taking into account efforts made by others, NMFS will determine
whether it is warranted to propose to list a species. Within one year of the
proposal, NMFS will make a final determination on whether listing is warranted.
In addition to implementing regulations, we have issued joint policies that
elaborate on the listing and delisting process. For example, in 1994 NMFS and
FWS issued a policy to clarify the role of peer review in ESA activities and a
policy to provide criteria, establish procedures, and provide guidance to ensure
that decisions made by the Services under the ESA meet the law's requirements.
NMFS has also issued guidance on listing and recovery priorities as well as
guidance on developing recovery plans. We plan to update the recovery plan
guidance this year.
Overview of NMFS' Protected Species Program
NMFS is currently
responsible for 55 species listed under the ESA, including marine mammals, sea
turtles, plants, salmon and other fish. Of these, 26 are salmon and steelhead in
California and the Pacific Northwest [Alaska currently contains no listed salmon
species]. Only one NMFS species, the California gray whale, has recovered to the
point where it could be delisted. However, several other species have stabilized
and we consider this a successful result of the ESA.
To be sure, NMFS' listing decisions have been the subject of litigation,
especially with regard to West Coast salmon and steelhead. NMFS has lost some
cases and learned valuable lessons. To address the issue of whether NMFS'
decisions were based on the best available science, NMFS collected information
from the Pacific Salmon Biological Technical Committees and interested parties
in Washington, Oregon, Idaho and California. NMFS also established a Biological
Review Team (BRT) to review available information. While these efforts have not
eliminated lawsuits, they have helped NMFS gather the best available science.
For all the species under NMFS' jurisdiction, NMFS
continues to look for new
ways to ensure that it uses the best available science in its decision
making.
Mr. Chairman, thank you for this opportunity to testify. I look forward to
answering any questions.