[Coral-List] Gene's comment on coral ESA listing

[Jennifer.Moore at noaa.gov]

Dear Gene,
I am replying to your message from last Friday and would like to respond
to the quote below.  As the primary NOAA Fisheries Service biologist
working on the listing, I would like to clear some things up. 
Specifically, the causes of the Acroporids' demise have been documented
as a combination of several stressor as summarized by the Biological
Review Team (available at http://sero.nmfs.noaa.gov/pr/protres.htm). 
Although, some of the stressors are not manageable under current
knowledge, that is not a criterion for listing under the ESA.  If a
species' status meets the definition of threatened or endangered, then
we must list the species, regardless of whether we can manage for the
threats.  That is just the way to Act is written.  Additionally, the
reason that the BRT did not make a listing recommendation is that it was
not within their purview to do so.  Only NOAA Fisheries Service as
delegated by the Secretary of Commerce can make the listing
determination.  The BRT responded to their charge to summarize the best
scientific and commercial information available to assist in NOAA
Fisheries Service making the listing determination.  Lastly, to answer
how NOAA took authority, the ESA of 1973 as amended specifically gives
authority to both the Secretaries of Interior and Commerce to implement
the Act.  The Sec of Commerce has jurisdiction over all marine and
anadromous species, as such they have the authority to list corals,
marine species.  Please let me know if you have any other questions.

Cheers,
Jennifer

"no one really knows the cause of Acropora demise, (along with many other
coral species), and therefore no one knows what to protect it from.
It was interesting to read that the Biological Review Team (BRT) who
did an excellent review of Acropora did not in fact suggest that it
be listed. They only concluded that it was threatened, something we
have known for over 20 years...Can anyone enlighten me when and how NOAA
(Dept
of Commerce) took authority to list corals?"


******************************************************************************
Message: 1
Date: Fri, 19 May 2006 12:33:16 -0400
From: Gene Shinn <eshinn at marine.usf.edu>
Subject: [Coral-List] Regarding Mike Risk's comment
To: coral-list at coral.aoml.noaa.gov
Message-ID: <a06200765c093a1cce622@[131.247.136.102]>
Content-Type: text/plain; charset="us-ascii" ; format="flowed"

Dear Jim, I was especially up set about unlisting Mike Risk
especially since he was responding to the polar bear article I posted
on the list. Mike is one of my special buddies so I hated to see it
happen. We can all depend on Mike to give us an honest and accurate
appraisal of coral issues. I do understand the fish bowl in which you
operate while at the same time know, as you do, that that is one of
the most common words in the English language. But I do understand
that you do what you have to do as a government agency. Ironically
others responded to my posting and provided abundant information
about polar bears. I suppose they missed the point I was making which
was about how different government agencies respond differently to
petitions from the same outside pressure groups.
       As most readers of the coral list know I questioned the need and
motives of listing Acropora in an article I published in a 2004 issue
of the Marine Pollution Bulletin. My point was and still is that no
one really knows the cause of Acropora demise, (along with many other
coral species), and therefore no one knows what to protect it from.
It was interesting to read that the Biological Review Team (BRT) who
did an excellent review of Acropora did not in fact suggest that it
be listed. They only concluded that it was threatened, something we
have known for over 20 years. Hurricanes and possibly warming still
head the list of threats to Acropora species.
       After reading how Fish and Wild life (Dept of Interior) rejected
polar bear listing I became a little confused. In the 1970s there was
a move to list Pillar coral. As I recall it was Fish and Wild life
that was in charge of the Endangered Species Act and they rejected
listing that coral. Can anyone enlighten me when and how NOAA (Dept
of Commerce) took authority to list corals? (Please choose your words
carefully). Gene