James Sensenbrenner, September 30, 2005

Have you considered how much life has changed over the years? In 1973, a lot of things were different for me. I was single and a junior Representative in the Wisconsin State Assembly. Since then, I have become the senior Republican Member of Congress from Wisconsin, gotten married, and fathered two sons. Americans have also experienced change with the advent of the Internet Age, and countless advances in the medical field. America’s endangered species, unfortunately, have not been the beneficiary of these society-wide advancements over the past three decades.

The country is improving, but essentially, the ESA is still stuck in 1973, collecting pet rocks. According to the U.S. Fish and Wildlife Service, only ten of the roughly 1,300 species on the ESA’s list have recovered in the Act’s history. This is less than a one percent success rate. Sixty percent of all listed species are either "declining" or in "unknown" status. Even more unbelievable is that 3% of endangered species are actually thought to be extinct. The grey wolf, Wisconsin’s most recognizable endangered animal, has been federally classified as an endangered species ever since the enactment of the law. Now, we all know it takes time to recover endangered species, but after three decades of implementation, these are not the statistics of a successful law.

The bottom line is the Endangered Species Act is in desperate need of an update. This week, with my yes vote, the House of Representatives passed H.R. 3824, the Threatened and Endangered Species Recovery Act, with wide bipartisan support. This bill promotes long-term endangered species recovery by increasing accountability, strengthening scientific standards, and creating larger roles for state and local governments. Most importantly, it respects the interests of private property owners.

More than 90% of all endangered species have habitats on private property. Yet under current law, landowners unlucky enough to discover such a critter, lose the use of their land, and face crippling regulations, costs, and uncertainty. It’s no wonder that most landowners prefer to "shoot, shovel, and shut up." Under H.R. 3824, property owners who discover that they host an endangered species can apply to the Interior Department for permission to use their land for private purposes. If the government insists on habitat protections, landowners would be compensated. This legislation will protect the rights of property owners, and provide them with incentives to protect species. Moreover, the government would finally become accountable when deciding which species to protect and how to achieve recovery.

Some radical environmental groups are trying to say the ESA is successful, but when I consider the official U.S. Fish and Wildlife statistics, the math doesn’t add up. You don’t have to be a card carrying environmentalist or spend ten months of the year in the Kettle Moraine Forest to understand the ESA needs an update. The environmental lobby is already wringing its hands that this bill "guts" the ESA, but don’t believe it. What these interest groups really care about is losing the immense leverage that the current law has given them, in the courts and in Washington, to interfere with the property rights of middle-class Americans.

It’s not 1973 any more. Perhaps it’s time for the interest groups to realize times have changed, and support modernizing the way our country treats its endangered species.

Congressman James Sensenbrenner, a Republican, represents the Fifth Congressional District of Wisconsin. He serves as chairman of the House Committee on the Judiciary. The Fifth District of Wisconsin forms an arc surrounding Milwaukee to the North and West, and includes parts of Jefferson, Milwaukee and Waukesha counties, and all of Ozaukee and Washington counties.