By Thomas Au, Sierra Club PA Conservation Chair
The gas drilling and mining industries have been pushing new legislation to undermine the
independence of the PA Fish and Boat Commission and the PA Game Commission to
administer Pennsylvania's endangered species laws.
The so-called Endangered Species
Coordination Act (House Bill 1576 and Senate Bill 1047) would place regulations
for rare species by the Fish and Boat Commission and Game Commission under the
purview of the state's Independent Regulatory Review Commission - a five member
body dominated by the legislature. While
this process appears to be innocuous on the surface, it essentially subjects
proposed actions by these independent agencies to second-guessing by political
appointees.
The current
process allows scientists from the PA Game Commission, PA Fish and Boat
Commission and the Department of Conservation and Natural Resources, after
public hearing and discussion, to determine when a species in Pennsylvania is
rare, threatened or endangered and take steps to protect them. The current
process also allows the Pa Fish and Boat Commission to designate wild trout
streams. The bills would take this independent authority away from these
agencies and their professional staff, and put the ultimate decisions in the
hands of political appointees.
The bills
would actually prevent a species from being listed in Pennsylvania, unless it
is first listed by the federal government.
This ignores the fact that many species may be threatened in
Pennsylvania due to conditions in our state that do not exist in other
states. These include the great egret,
the long-eared owl, and numerous species of mussels and fish. And according to
testimony from the staff of the Commissions, it would make it more difficult to
protect many rare Pennsylvania wildlife and fish species.
The bills
would also require the agencies to re-propose all the species currently under
their protection by enacting regulations on each one of them. This would require a huge amount of agency
resources to be used to re-justify listed endangered species, without providing
funding pay for the agency work. This
mandate that will divert scarce resources from other agency critical work.
The
cumulative effect of the changes proposed in the bill blunt the Commissions'
programs for threatened and endangered species of fish and wildlife -
allowing drilling, mining, and clear-cutting to evade agency review.
In 2012, the
Governor’s Energy Executive, Patrick Henderson, wrote in a report to the
General Assembly that the Pennsylvania Natural Diversity Inventory
environmental review tool should continue to be enhanced so as to assist in the
up-front avoidance of conflicts with threatened and endangered species, flora,
fauna, habitat and other sensitive natural resources and increase certainty in
decision making and long-term planning of pipeline operators. If this is the Governor's position, his
office should be leading the opposition to these bills.