Endangered Species Act Amendments of 1993 : hearing before the Committee on Environment and Public Works, United States Senate, One Hundred Third Congress, second session, on S. 921, a bill to reauthorize and amend the Endangered Species Act for the conse

336 Pages·1994·10.6 MB·English

by  United States. Congress. Senate. Committee on Environment and Public Works

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ENDANGERED S. Hrg. 10A3-76C8, PTt. 1
SPECIES
^
AMENDMENTS OF
1993
Y 4.P 96/10: S. HRG. 103-
768/PT.
1
Endangered Species Act ftnendnents o...
HEARING
BEFORE THE
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED THIRD CONGRESS
SECOND SESSION
ON
S. 921
A BILL TO REAUTHORIZE AND AMEND THE ENDANGERED SPECIES ACT
FOR THE CONSERVATION OF THREATENED AND ENDANGERED SPE-
CIES, AND FOR OTHER PURPOSES
JULY 23, 1994—RONAN, MT
PART 1
Printed for the use of the Committee on Environment and Public Works
U.S. GOVERNMENT PRINTING OFFICE
81^78 WASHINGTON : 1994
ForsalebytheU.S.GovernmentPrintingOffice
SuperintendentofDocuments,CongressionalSalesOffice.Washington,DC 20402
ISBN 0-16-046008-5

.
\V\/ ENDANGERED S. Hrg. 10A3-76C8, PTt. 1
SPECIES
^
AMENDMENTS OF
1993
Y4.P 96/10; S. HRG, 103-
768/PT,
1
Endangered Species Act finendnents o. .
HEARING
BEFORE THE
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED THIRD CONGRESS
SECOND SESSION
ON
S. 921
A BILL TO REAUTHORIZE AND AMEND THE ENDANGERED SPECIES ACT
FOR THE CONSERVATION OF THREATENED AND ENDANGERED SPE-
CIES, AND FOR OTHER PURPOSES
JULY 23, 1994—RONAN, MT
PART
1
Printed for the use of the Committee on Environment and Public Works
>"<",»,
U.S. GOVERNMENT PRINTING OFFICE-
; .^i .
81-478 WASHINGTON : 1994 ' ,T '
ForsalebytheU.S.GovernmentPrintingOffice
SuperintendentofDocuments,CongressionalSalesOffice.Washington,DC 20402
ISBN 0-16-046008-5
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
MAX BAUCUS, Montana, Chairman
DANIEL PATRICK MOYNIHAN, New York JOHN H. CHAFEE, Rhode Island
GEORGE J. MITCHELL, Maine ALAN K. SIMPSON, Wyoming
FRANK R. LAUTENBERG, New Jersey DAVE DURENBERGER, Minnesota
HARRY REID, Nevada JOHN W. WARNER, Virginia
BOB GRAHAM, Florida ROBERT SMITH, New Hampshire
JHOOSWEAPRHDI.ML.IMEEBTEZRMEANNB,AUCMon,neOchtiicout LDiI\RUKCHKEFMAPITRHCLOORTNHE,,NIodrathhoCarolina
HARRIS WOFFORD, Pennsylvania
BARBARA BOXER, Cahfornia
Peter L. Scher, StaffDirector
Steven J. Shimberg, Minority StaffDirector and ChiefCounsel
(H)
CONTENTS
Page
Baucus, Hon. Max, U.S. Senator from the State of Montana, opening state-
mentof 1
WITNESSES
Allestad, Elaine, MontanaWoolgrowersAssociation 65
Applegate, Rick, NorthwestPowerPlanningCouncil 43
Prepared statement 179
Ashe, Douglas • 101
Baker, James, northwestsalmoncampaigncoordinator. Sierra Club 45
Prepared statement 202
Bell, Bob 118
Blackler, Ed 103
Blood, Ken, Montana StockgrowersAssociation 90
Bloomquist, Dan 98
Bloomquist, John, Montana StockgrowersAssociation 27
Prepared statement 151
Bruhm, Charlotte 105
Chadlers, Pat, Marathon Oil Co 103
Clinton, Jeremy 116
Cobbler, Sarah 109
Cook, John, general manager, Columbia Falls Aluminum Co 39
Prepared statement 158
CraigheadJohn, founder, Wildlife-Wildlands Institute 23
Prepared statement 137
Day, Rich 99
Dinwitty, Becky 116
Ellis, Janet, MontanaAudubon Council 82
Prepared statement 261
Ellsworth, Tom 107
Farling, Bruce, Montana Council,TroutUnlimited 56
Prepared statement 216
Fischer, Hank, DefendersofWildlife 64
Prepared statement 230
Frazier, Stan 89
Funk, Hilary 106
Gay, Brian 115
Gash, Charles 110
Graham, Pat, Montana DepartmentofFish, Wildlife, and Parks 6
Haas, Greg 114
Harvey, Sam 104
Hicks, Loren, manager. Fish and Wildlife Resources, Plum Creek Timber
Co 19
Prepared statement 130
HI
Hinkle, Jack
Hunter, Chris, Chief, Special Projects Bureau, Fisheries Division, Montana
DepartmentofFish, Wildlife and Parks 53
Prepared statement 213
Johnson, Herb, Montana Wildlife Federation 67
Joyce, Pat, on behalf of Hon. Conrad Bums, U.S. Senator from the State
ofMontana 4
Kahn, Brian, Statedirector, MontanaNature Conservancy 78
Keller, SheUa 108
Knox, Dick, Montana State Representative 8
Prepared statement 123
(III)
IV
Page
Lake, Susan 118
Lamfhere, Randy 107
Langley, Gary, Montana MiningAssociation 84
Prepared statement 268
Lear>',Jesse 114
Lund, Hertha, Montana Farm Bureau Federation 68
Prepared statement 234
Madsen, Art 120
Malone, Colin Ill
Maynard, Troy,Wildlife SocietyofNorthAmerica 94
Merkel,Jim 91
Niyai, Nina 98
Olson, Delon 96
Olson, Keith, Montana LoggingAssociation 83
Prepared statement 266
Olson, Maureen 97
Peck, Brian, Rocky Mountain Regional Office, NationalAudubon Society 102
Perjeau, Lila 117
Pettit, James 100
Reuben,Adam 112
Richards, Michelle 108
Rogers, Jim 112
Roy, Michael, wildlifebiologist. NationalWildhfeFederation 21
Schneider, Russ 101
Schreckengast, Clyde 96
Schuman, Bobbi 93
Servheen, Chris, Grizzly Bear Recovery Coordinator, U.S. Fish and Wildlife
Service 25
Prepared statement 145
Shiner, Rupert 118
Smith, Thompson 113
Snodgrass, Will 92
Stanford, Jack, UniversityofMontana ". 58
Prepared statement 225
Stevens, Tim 95
Stone,Jim, BlackfootChallenge 54
Sullivan, Roger 120
Swaney, Rhonda, Confederated Salish and KootenaiTribes 12
Prepared statement 127
Swanson, Emily, Montana StateRepresentative 10
Tabor, Clarence 119
Thompson, Steven 91
Tiddler, Amy 121
Wagner, Peggy, Montanans forMultipleUse 79
Prepared statement 249
Warner, Julie 91
Welch, Leanne 106
Willcox, Louisa, program director. GreaterYellowstone Coalition 70
Prepared statement 241
Williams, Noel, Lincoln CountyCommissioner 40
Prepared statement 165
Wright, Kate,Yellowstone Coalition 102
ADDITIONAL MATERIAL
S. 921 301
Statements and letters:
Alliance forthe Wild Rockies 272
Alumnium WorkersTrades Union Council 276
Buck, Jack 278
Day, Donna 280
Friends ofthe Bitterroot 281
Grassroots forMultiple Use 283
Hodges, Roberta and Theodore 285
Kauffman,Angus Ranch 286
Kern, Donald H 287
MiUer, JohnW 289
V
Page
—
Statementsandletters Continued
Montana:
Grain GrowersAssociation et al 290
WaterResourcesAssociation 293
Nyah Grange 295
Okanogan CountyCitizens Coalition •^yo
Watson, Vicki 298

REAUTHORIZATION OF THE ENDANGERED
SPECIES ACT
SATURDAY, JULY 23, 1994
U.S. Senate,
Committee on Environment and Public Works,
Ronan, MT.
The committee met, pursuant to notice, at 9:30 a.m. at Ronan
High School, Ronan, Montana, Hon. Max Baucus (chairman of the
committee) presiding.
Present: Senator Baucus.
Senator Baucus. The hearing will come to order.
Good morning, everybody.
A Voice. Extinction is forever.
Senator BAUCUS. One thing I can say is I really appreciate the
spirit here.
It's a beautiful day. We should be out fishing. We should be out
in the woods.
AVoice. There's no fish left.
Senator Baucus. We're working on that.
OPENING STATEMENT OF HON. MAXBAUCUS, U.S. SENATOR
FROM THE STATE OF MONTANA
Senator BAUCUS. I appreciate everybody showing up here so we
can work out some ofthe problems that all ofus face in implement-
ing the Endangered Species Act.
The reason I'm holding this hearing today in Ronan is that we've
been holding hearings in Helena and in some of the major towns
in our State, so I figured that Ronan, the heart of the beauty of
our State, and a part of some of the conflict regarding the Endan-
gered Species Act, would be a very good place to hold a hearing.
I can tell that that decision wasn't too far off the mark based on
the attndance here. Again, I appreciate that.
I believe strongly that the Act has to be changed in many ways.
In working to change the Act, I begin with a few basic principles.
First, we should Hst and delist species because of science, not be-
cause ofemotion. Also, the Feds must work with States, they must
work with towns and they must work with private landowners;
they've not done this very well in the past. Next, we should empha-
size incentives rather than sanctions and preven—tion more than re-
covery. When recovery plan—s become necessary and they will be-
come necessary on occasion they must consider jobs and families
as well as animals and fish.
These are not very complicated ideas. They're pretty simple.
They are basic common sense, and that's why groups like the West-
(1)
em Grovemors' Association have already endorsed the bill that I've
introduced. The Western Grovemors' Association has endorsed the
bill because I wrote the bill in a way to address the concerns of
western States. So if we work together, look for the common
ground and give ordinary people a voice, we're going to get a much
better result.
On the other hand, when bureaucrats sit down in Washington,
as often has happened, without talking to State government and
without talking to the people on the ground who live with the Act,
we get a bad result, and that's often happened.
Salmon protection is a perfect example. Last fall some people in
Washington came up with a plan for saving salmon that relied far
too heavily on water discharges from Hungry Horse and
Koocanusa. It would have just about bled those lakes dry. It would
have threatened bull trout, and it would have threatened 700 jobs
at the Columbia Falls Aluminum Company.
Marc Racicot and I said. Enough. That's unacceptable, and we
got Montana back into the plan. Together we made sure the salm-
on plan will treat Montanans fairly, because we stood together,
State and Federal Grovernment, at least Montana State and Fed-
eral Government, and offered a common sense alternative, a plan
that makes sense. Montana will have some responsibility in this,
but will not have to bear all ofit.
When the government emphasizes prevention and works with
people, we all benefit, and there's a good example nearby. About
once a month I get home and spend an entire day, a full day shift,
at a regular Montana job. I call them work days. I pump gas, bag
groceries. I've worked in saw mills, on the green chain, in mines,
driven a beer truck. I've even driven a roller on highway construc-
tionjust outside ofWhitefish.
Last February I spent a day working on the Foote ranch near
Ovando, a few miles past Missoula down near 200. The ranch has
a few head of sheep, a few draft horses. It also has a stream that
is a spawning area for bull trout. Jeff Foote, the landowner, wants
to step in early and do what needs to be done to prevent a listing.
Local Fish and Wildlife Service authorities are part of the Black-
foot Challenge. They're helping, as they should, not by handing out
forms to fill out and giving orders but by coming down to the ranch
and offering advice. Then, everybody who lives in and has an inter-
est in the Big Blackfoot, one day, altogether, we were hauling rocks
and planting willows, picking up shovels and moving some dirt to
find a solution.
It was a sunny day. The water was just above freezing. We got
in a good day's work. We deepened and narrowed the channel. We
planted some willows to stop siltation for the banks, built some
deep pools for fish to lie in on hot summer days and moved one
part of the channel to avoid contamination from mud and manure.
This restores the stream to a more natural state, protects the habi-
tat for bull trout and may help Montana ranchers avoid a listing.
If efforts like this succeed, we'll have given the country a good ex-
ample. We'll have thought ahead, acted fast and made sure species
are not listed, and we'll have avoided a whole lot of regulation, a
whole lot oflitigation and wrangling.