The premise of the Endangered Species Act is that all wildlife are valuable natural resources and the extinction of species in the name of progress must be halted. To achieve this end, Congress requires all Federal agencies to consult with the Fish and Wildlife Service when any of their programs or projects affect a listed endangered or threatened species. Problems of special interest to this conference are those that project an endangered or threatened species in direct conflict with man

Parker, Warren T.

English

The premise of the Endangered Species Act is that all  wildlife are valuable natural resources and the extinction of species in the name of progress must be halted. To achieve this end, Congress requires all Federal agencies to consult with the Fish and Wildlife Service when any of their programs or projects affect a listed endangered or threatened species. Problems of special interest to this conference are those that project an endangered or threatened species indirect conflict with man.  Undoubtedly the most publicized of these conflicts has involved the threatened timber wolf and the livestock producers of northern Minnesota. This long-term battle continues on the ground and in the courts. Of perhaps special note is the fact that the courts have typically sided with the Congressional intent of the Endangered Species Act, even when the Fish and Wildlife Service supported limited trapping and hunting of wolves

DigitalCommons@University of Nebraska

University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln 2 - Second Eastern Wildlife Damage Control Conference (1985) Eastern Wildlife Damage Control Conferences September 1985 ANIMAL DAMAGE CONTROL AND THE ENDANGERED SPECIES ACT Warren T. Parker U.S. Fish and Wildlife Service Follow this and additional works at: https://digitalcommons.unl.edu/ewdcc2  Part of the Environmental Health and Protection Commons Parker, Warren T., "ANIMAL DAMAGE CONTROL AND THE ENDANGERED SPECIES ACT" (1985). 2 - Second Eastern Wildlife Damage Control Conference (1985). 35. https://digitalcommons.unl.edu/ewdcc2/35 This Article is brought to you for free and open access by the Eastern Wildlife Damage Control Conferences at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in 2 - Second Eastern Wildlife Damage Control Conference (1985) by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. ANIMAL DAMAGE CONTROL AND THE ENDANGERED S P E C I E S  ACT by Warren T o  Parker*  The premise o f  the Endangered Species Ac t  i s  t h a t  a l l  w i l d l i f e  are va luab le  n a t u r a l  resources and the e x t i n c t i o n  of species i n  the  name o f  progress must be ha l t ed .  To achieve t h i s  end, Congress r e q u i r e s  a l l  Federa l  agencies t o  c o n s u l t  w i t h  the  F i s h  and W i l d l i f e  Serv ice  when any of t h e i r  programs o r  p r o j e c t s  a f f ec t  a  l i s t e d  endangered o r  th rea tened species.  Problems of spec i  a1 i n t e r e s t  t o  t h i s  conference are those t h a t  p r o j e c t  an endangered o r  th rea tened species i n  d i r e c t  c o n f l i c t  w i t h  man. Undoubtedly the most p u b l i c i z e d  o f  these c o n f l i c t s  has i nvo l ved  t he  threatened t imber  wolf and the 1  i vestock producers of n o r t h e r n  Minnesota. Th i s  long- term b a t t l e  con t inues  on the  ground and i n  the c o u r t s .  Of perhaps s p e c i a l  no te  i s  the  f a c t  t h a t  the  c o u r t s  have t y p i c a l l y  s ided  w i t h  the  Congressional  i n t e n t  of the Endangered Species Act,  even when the F i s h  and W i l d l i f e  Se rv i ce  supported l i m i t e d  t r a p p i n g  and hun t i ng  of wolves. F o r t u n a t e l y ,  few damage c o n t r o l  c o n f l i c t s  w i t h  the  Act  have surfaced i n  the  eas te rn  s ta tes ,  due p a r t i a l l y  t o  the absence of l a r g e  l i s t e d  p reda to rs .  P o t e n t i a l  f o r  such c o n f l i c t ,  however, may become more v i s i b l e  i n  the e a s t  as more species are l i s t e d  as endangered o r  threatened, and as recove ry  e f f o r t s  b r i n g  back t o  eas te rn  s t a t e s  c e r t a i n  e x t i r p a t e d  p reda to ry  spec ies such as t he  endangered red  w o l f .  Animal damage c o n t r o l  e f f o r t s  i n  t he  eas te rn  s t a t e s  p r e s e n t l y  a f f e c t  l i s t e d  species i n  o n l y  i n d i r e c t  ways. An example i s  t he  spray ing  o f  b l a c k b i r d  r o o s t s  w i t h  PA-14, Before such spray ing  i s  undertaken, i t  must be determined t h a t  t he  t a r g e t  watersheds do n o t  c o n t a i n  l i s t e d  b i r d s ,  f i s h ,  o r  i n v e r t e b r a t e s .  If p r o t e c t e d  species a re  present ,  a  Sect ion 7 c o n s u l t a t i o n  must be i n i t i a t e d  and e i t h e r  a  de te rmina t ion  o f  "no e f f e c t "  made o r  e l s e  m o d i f i c a t i o n s  i n  the program are developed. What does the  f u t u r e  h o l d  f o r  animal damage c o n t r o l  e f f o r t s  and p o t e n t i a l  c o n f l i c t s  w i t h  the  Endangered Species Ac t?  I n  a d d i t i o n  t o  t he  p r e v i o u s l y  mentioned impacts o f  a d d i t i o n a l  species l i s t i n g  and recove ry  e f f o r t s ,  I am of the  o p i n i o n  t h a t  the  eastward expansion o f  the c o y o t e ' s  range i n t o  areas now vo id  o f  top  p reda to rs  may become a  major source of c o n f l i c t .  For example, the  use of Compound 1080 c o l l a r s  on sheep and goats  i n  the  western s t a t e s  i s  be ing  w ide l y  advocated by wool growers. Use of such l e t h a l  compounds i n  c o l l a r s  o r  a t  b a i t  s t a t i o n s  i n  eas te rn  s ta tes  cou ld  p resen t  complex env i ronmenta l  problems, o n l y  one o f  which would i n c l u d e  endangered and th rea tened species.  The coyo te ' s  range expansion c o u l d  a l so  d i s r u p t  recovery  e f f o r t s  f o r  such species as the  red  wo l f .  L a s t l y ,  I f e e l  t h a t  the spec ia l  "exper imenta l "  des igna t i on  o f  l i s t e d  animals i s  wor thy o f  no te  a t  a  conference of t h i s  na tu re .  A  spec ia l  amendment t o  the  Endangered Species Ac t  i n  1982 p rov ided  f o r  the es tab l i shment  o f  "exper imenta l "  popu la t i ons  o f  endangered species under c e r t a i n  c ircumstances. Such exper imenta l  r e i n t r o d u c t i o n s  have t o  be r e s t r i c t e d  t o  the h i s t o r i c  range o f  t he  species and have t o  be made t o  a i d  i n  t he  recovery  of t he  species.  Those s p e c i f i c  animals se lec ted  f o r  r e i n t r o d u c t i o n  would be c l a s s i f i e d  as " threatened," and many of the  more s t r i n g e n t  Sec t ion  7 requirements would be re laxed,  e s p e c i a l l y  on p r i v a t e  1 ands . 0Sta t i on ,  U.S. F i s h  and W i l d l i f e  Serv ice,  Ashev i l l e ,  Nor th  C a r o l i n a  

ANIMAL DAMAGE CONTROL AND THE ENDANGERED SPECIES ACT

DigitalCommons@USU

ANIMAL DAMAGE CONTROL AND THE ENDANGERED SPECIES ACT by Warren T. Parker* The premise of the Endangered Species Act is that all wildlife are valuable natural resources and the extinction of species in the name of progress must be halted. To achieve this end, Congress requires all Federal agencies to consult with the Fish and Wildlife Service when any of their programs or projects affect a listed endangered or threatened species. Problems of special interest to this conference are those that project an endangered or threatened species in direct conflict with man. Undoubtedly the most publicized of these conflicts has involved the threatened timber wolf and the livestock producers of northern Minnesota. This long-term battle continues on the ground and in the courts. Of perhaps special note is the fact that the courts have typically sided with the Congressional intent of the Endangered Species Act, even when the Fish and Wildlife Service supported limited trapping and hunting of wolves. Fortunately, few damage control conflicts with the Act have surfaced in the eastern states, due partially to the absence of large listed predators. Potential for such conflict, however, may become more visible in the east as more species are listed as endangered or threatened, and as recovery efforts bring back to eastern states certain extirpated predatory species such as the endangered red wolf. Animal damage control efforts in the eastern states presently affect listed species in only indirect ways. An example is the spraying of blackbird roosts with PA-14. Before such spraying is undertaken, it must be determined that the target watersheds do not contain listed birds, fish, or invertebrates. If protected species are present, a *Supervisor, Endangered Species Field Station, U.S. Fish and Wildlife Service, Asheville, North Carolina 270 Section 7 consultation must be initiated and either a determination of "no effect" made or else modifications in the program are developed. What does the future hold for animal damage control efforts and potential conflicts with the Endangered Species Act? In addition to the previously mentioned impacts of additional species listing and recovery efforts, I am of the opinion that the eastward expansion of the coyote's range into areas now void of top predators may become a major source of conflict. For example, the use of Compound 1080 collars on sheep and goats in the western states is being widely advocated by wool growers. Use of such lethal compounds in collars or at bait stations in eastern states could present complex environmental problems, only one of which would include endangered and threatened species. The coyote's range expansion could also disrupt recovery efforts for such species as the red WO 1f • Lastly, I feel that the special "experimental" designation of listed animals is worthy of note at a conference of this nature. A special amendment to the Endangered Species Act in 1982 provided for the establishment of "experimental" populations of endangered species under certain circumstances. Such experimental reintroductions have to be restricted to the historic range of the species and have to be made to aid in the recovery of the species. Those specific animals selected for reintroduction would be classified as 11 threatened," and many of the more stringent Section 7 requirements would be relaxed, especially on private lands. 

Animal Damage Control and the Endangered Species Act

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University of Nebraska - Lincoln 
DigitalCommons@University of Nebraska - Lincoln 
2 - Second Eastern Wildlife Damage Control 
Conference (1985) Eastern Wildlife Damage Control Conferences 
September 1985 
ANIMAL DAMAGE CONTROL AND THE ENDANGERED SPECIES 
ACT 
Warren T. Parker 
U.S. Fish and Wildlife Service 
Follow this and additional works at: https://digitalcommons.unl.edu/ewdcc2 
 Part of the Environmental Health and Protection Commons 
Parker, Warren T., "ANIMAL DAMAGE CONTROL AND THE ENDANGERED SPECIES ACT" (1985). 2 - 
Second Eastern Wildlife Damage Control Conference (1985). 35. 
https://digitalcommons.unl.edu/ewdcc2/35 
This Article is brought to you for free and open access by the Eastern Wildlife Damage Control Conferences at 
DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in 2 - Second Eastern Wildlife 
Damage Control Conference (1985) by an authorized administrator of DigitalCommons@University of Nebraska - 
Lincoln. 
ANIMAL DAMAGE CONTROL AND THE ENDANGERED S P E C I E S  ACT 
by Warren T o  Parker*  
The premise o f  the Endangered 
Species Ac t  i s  t h a t  a l l  w i l d l i f e  are 
va luab le  n a t u r a l  resources and the 
e x t i n c t i o n  of species i n  the  name o f  
progress must be ha l t ed .  To achieve 
t h i s  end, Congress r e q u i r e s  a l l  
Federa l  agencies t o  c o n s u l t  w i t h  the  
F i s h  and W i l d l i f e  Serv ice  when any of 
t h e i r  programs o r  p r o j e c t s  a f f ec t  a  
l i s t e d  endangered o r  th rea tened 
species.  Problems of spec i  a1 i n t e r e s t  
t o  t h i s  conference are those t h a t  
p r o j e c t  an endangered o r  th rea tened 
species i n  d i r e c t  c o n f l i c t  w i t h  man. 
Undoubtedly the most p u b l i c i z e d  o f  
these c o n f l i c t s  has i nvo l ved  t he  
threatened t imber  wolf and the 
1  i vestock producers of n o r t h e r n  
Minnesota. Th i s  long- term b a t t l e  
con t inues  on the  ground and i n  the 
c o u r t s .  Of perhaps s p e c i a l  no te  i s  
the  f a c t  t h a t  the  c o u r t s  have 
t y p i c a l l y  s ided  w i t h  the  Congressional  
i n t e n t  of the Endangered Species Act,  
even when the F i s h  and W i l d l i f e  
Se rv i ce  supported l i m i t e d  t r a p p i n g  and 
hun t i ng  of wolves. 
F o r t u n a t e l y ,  few damage c o n t r o l  
c o n f l i c t s  w i t h  the  Act  have surfaced 
i n  the  eas te rn  s ta tes ,  due p a r t i a l l y  
t o  the absence of l a r g e  l i s t e d  
p reda to rs .  P o t e n t i a l  f o r  such 
c o n f l i c t ,  however, may become more 
v i s i b l e  i n  the e a s t  as more species 
are l i s t e d  as endangered o r  
threatened, and as recove ry  e f f o r t s  
b r i n g  back t o  eas te rn  s t a t e s  c e r t a i n  
e x t i r p a t e d  p reda to ry  spec ies such as 
t he  endangered red  w o l f .  Animal 
damage c o n t r o l  e f f o r t s  i n  t he  eas te rn  
s t a t e s  p r e s e n t l y  a f f e c t  l i s t e d  species 
i n  o n l y  i n d i r e c t  ways. An example i s  
t he  spray ing  o f  b l a c k b i r d  r o o s t s  w i t h  
PA-14, Before such spray ing  i s  
undertaken, i t  must be determined t h a t  
t he  t a r g e t  watersheds do n o t  c o n t a i n  
l i s t e d  b i r d s ,  f i s h ,  o r  i n v e r t e b r a t e s .  
If p r o t e c t e d  species a re  present ,  a  
Sect ion 7 c o n s u l t a t i o n  must be 
i n i t i a t e d  and e i t h e r  a  de te rmina t ion  
o f  "no e f f e c t "  made o r  e l s e  
m o d i f i c a t i o n s  i n  the program are 
developed. 
What does the  f u t u r e  h o l d  f o r  
animal damage c o n t r o l  e f f o r t s  and 
p o t e n t i a l  c o n f l i c t s  w i t h  the  
Endangered Species Ac t?  I n  a d d i t i o n  
t o  t he  p r e v i o u s l y  mentioned impacts o f  
a d d i t i o n a l  species l i s t i n g  and 
recove ry  e f f o r t s ,  I am of the  o p i n i o n  
t h a t  the  eastward expansion o f  the 
c o y o t e ' s  range i n t o  areas now vo id  o f  
top  p reda to rs  may become a  major 
source of c o n f l i c t .  For example, the  
use of Compound 1080 c o l l a r s  on sheep 
and goats  i n  the  western s t a t e s  i s  
be ing  w ide l y  advocated by wool 
growers. Use of such l e t h a l  compounds 
i n  c o l l a r s  o r  a t  b a i t  s t a t i o n s  i n  
eas te rn  s ta tes  cou ld  p resen t  complex 
env i ronmenta l  problems, o n l y  one o f  
which would i n c l u d e  endangered and 
th rea tened species.  The coyo te ' s  
range expansion c o u l d  a l so  d i s r u p t  
recovery  e f f o r t s  f o r  such species as 
the  red  wo l f .  
L a s t l y ,  I f e e l  t h a t  the spec ia l  
"exper imenta l "  des igna t i on  o f  l i s t e d  
animals i s  wor thy o f  no te  a t  a  
conference of t h i s  na tu re .  A  spec ia l  
amendment t o  the  Endangered Species 
Ac t  i n  1982 p rov ided  f o r  the 
es tab l i shment  o f  "exper imenta l "  
popu la t i ons  o f  endangered species 
under c e r t a i n  c ircumstances. Such 
exper imenta l  r e i n t r o d u c t i o n s  have t o  
be r e s t r i c t e d  t o  the h i s t o r i c  range o f  
t he  species and have t o  be made t o  a i d  
i n  t he  recovery  of t he  species.  Those 
s p e c i f i c  animals se lec ted  f o r  
r e i n t r o d u c t i o n  would be c l a s s i f i e d  as 
" threatened," and many of the  more 
s t r i n g e n t  Sec t ion  7 requirements would 
be re laxed,  e s p e c i a l l y  on p r i v a t e  
1 ands . 
0
Sta t i on ,  U.S. F i s h  and W i l d l i f e  
Serv ice,  Ashev i l l e ,  Nor th  C a r o l i n a  


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Animal Damage Control and the Endangered Species Act

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