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The Fish and Wildlife Service receives an appropriation from Congress that explicitly limits how much money they can spend in any given year on actually listing species that receive a "warranted" 12 month finding. The finding requires a publication in the Federal Register, and then the actual listing requires promulgation of a new rule and a separate publication in the Federal Register, all of which is really expensive. This is a big reason for the listing backlog. It costs a lot of money to list a species from start to finish, so when CBD sends in a huge petition for hundreds of species greatly exceeding the number FWS could list under their authorized budget, a large number of those species on the list that do actually qualify for listing will be placed on the candidate list. If, of course, those species meet the listing criteria. If half of the species on these large petition lists do not meet the criteria, then FWS wastes a lot of time and money reviewing them rather than on clearing the candidate backlog or recovering already-listed species.
More frustrating is CBD equating listing under the Act as conveying protection. The Florida panther has been listed for many years...how's that ESA protection working out for the species? Adding a species to the list simply provides a means by which the US government can become involved in managing a critter, and there are legal limits to what the government can do. If a private citizen elects to do something on his or her property that might adversely affect a listed critter, he can have at it as long as he's not killing the critters in question - for example, he could cut down nesting trees outside of nesting season, or pave over a nesting beach, or some other habitat modification - and if no federal money is involved he's free to do this. The FWS can really only intercede where there is another federal agency already involved, or where someone is illegally killing or harming a listed critter without a permit. Even then, enforcement is by law largely citizen-driven; you have to sue a federal agency that is violating ESA, because FWS is not a regulatory agency in that sense. The FWS options for protecting plants are almost nonexistent.
What's more, finding a way for the agency to spend a larger portion of its funding on actually listing species would diminish the already fairly minimal things it can afford to do to help the species that are on the list. As it is the agency doesn't have the funding to hire more biologists to do the 90 day and 12 month reviews for each individual species on a petition, and occasionally has to pull biologists off of conservation and recovery assignments to review listing petitions to meet statutory or judicially mandated deadlines. Biologists working in recovery programs are then either not working on recovering species or can't get necessary funding to deal with the species already on the list, and morale suffers. Remember, these people are GS-11s and 12s who do the work, they are already on the receiving end of policy and regulation coming from high up in the administration, and friendly fire from conservation advocates tend to either push these biologists out of the agency or steel their resolve to not collaborate with such groups in the future*. Simply put, CBD is approaching a point here where it'll be cutting off its nose to spite its face. The ESA and wildlife laws in general do a poor job of reflecting biological reality. They are almost universally constructed to conserve charismatic megafauna rather than functional ecosystems. The best course of using ESA for protection of maximal biological diversity (i.e., the 35ish animal phyla that don't have a backbone for starters) would be to list umbrella species and their critical habitat with ranges that happen to overlap with known biodiversity hotspots.
Here's something you can do right now to conserve some bird species that might warrant listing, and in the process prevent the need for them to even be listed. Write your representatives and senators to make two changes to the upcoming farm bill. First, lower or remove biofuels incentives for marginal lands. Second, increase funding for CRP, especially native grass mixes. You could go further and request strengthening of swampbuster rules or a clean water restoration rewrite to protect prairie wetland species, but now that Feingold is out of the Senate that will go nowhere. Basically, this gets down to protecting habitats before species are ever threatened with extinction. By that point, with habitat and ecosystem function gone, ESA listing offers little hope for meaningful recovery. If you say "Well, we need switchgrass ethanol on that marginal land," or "We need more drain tile to grow corn in Minnesota and the Dakotas," or some such, then you've already made your decision and ESA is not going to change the outcome.
*Asking because I'm not intimately familiar with CBD, does CBD actually take part in conserving and recovering species by funding fieldwork or property acquisition, or are they solely focused on legal concepts?
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