CHAIRMAN CRAPO AND MEMBERS OF THE COMMITTEE, MY NAME IS RALPH MOSS AND I APPEAR TODAY ON BEHALF OF ATLANTIC SALMON OF MAINE, LLC, A MAINE AQUACULTURE COMPANY RAISING SALMON AND SELLING SALMON FOOD PRODUCTS TO U.S. CONSUMERS.
WE APPRECIATE THE OPPORTUNITY TO TESTIFY BEFORE THIS COMMITTEE CONCERNING OUR FIRST-HAND EXPERIENCE WITH THE RECENT JOINT DECISION OF THE UNITED STATES FISH AND WILDLIFE SERVICE AND THE NATIONAL MARINE FISHERIES SERVICE TO LIST MAINE ATLANTIC SALMON AS ENDANGERED UNDER THE ESA. OUR BITTER EXPERIENCE REVEALS THAT THIS IMPORTANT ACT IS SUBJECT TO SERIOUS ABUSE AND DISTORTION, AND IN MAINE'S CASE, IS BEING IMPLEMENTED IN AN ARBITRARY AND HEAVY-HANDED MANNER THAT IS BOTH INCONSISTENT WITH CONGRESSIONAL INTENT AND COUNTERPRODUCTIVE FOR RESTORATION OF THE SPECIES.
WE WOULD LIKE TO BE CLEAR THAT OUR COMPANY IS A STRONG PARTNER IN THE STATE OF MAINE ATLANTIC SALMON CONSERVATION PLAN AND SUPPORTS SALMON RESTORATION IN MAINE RIVERS. BUT LIKE MAINE'S GOVERNOR KING AND MEMBERS OF OUR CONGRESSIONAL DELEGATION, OUR COMPANY OPPOSES THE SERVICES' DECISION TO LIST THESE FISH AS AN ENDANGERED SPECIES.
THE LISTING IS FUNDAMENTALLY WRONG FOR SCIENTIFIC, LEGAL AND POLICY REASONS. MAINE SALMON RUNS ARE RESTORATION FISH, THE PRODUCT OF OVER MORE THAN ONE HUNDRED AND TWENTY YEARS OF HATCHERY STOCKING OF NON-INDIGENOUS SALMON INTO THESE RIVERS AND DO NOT QUALIFY AS A DISTINCT POPULATION SEGMENT FOR ESA LISTING.
II. FAILURE TO HONOR STATE CONSERVATION PLANS
THE MAINE LISTING REPRESENTS A DANGEROUS BACKSLIDE BY THE SERVICES INTO AN INFLEXIBLE INTERPRETATION OF THE ESA THAT FAILS TO HONOR STATE CONSERVATION PLANS AND CREATES AN UNSUSTAINABLE BURDEN ON FEDERAL WILDLIFE PROGRAMS.
IT IS WIDELY RECOGNIZED THAT THE FEDERAL GOVERNMENT ALONE CANNOT RECOVER ENDANGERED OR THREATENED SPECIES. THE STATES, WITH THEIR TRADITIONAL AUTHORITY OVER WILDLIFE MANAGEMENT AND LAND USE PLANNING ARE IDEALLY POSITIONED TO FASHION CONSERVATION PLANS THAT ARE CUSTOM TAILORED TO THE RESOURCE, ITS HABITAT, AND LOCAL CONDITIONS. THIS IS ESPECIALLY TRUE IN MAINE, WHERE VIRTUALLY ALL SALMON HABITAT IS IN PRIVATE LAND OWNERSHIP, AND ONLY THE VOLUNTARY COOPERATION OF LANDOWNERS WILL ENABLE SALMON HABITAT UPGRADES.
IN MAINE'S CASE, THE SERVICES INITIALLY RECOGNIZED THE VALUE OF THE STATE'S CONSERVATION PLAN. DEVELOPED BY A STATE- APPOINTED TASK FORCE WITH INPUT FROM FEDERAL FISHERIES SCIENTISTS. THE MAINE PLAN PROVIDES A FIVE YEAR ACTION PLAN TO RECOVER THE SPECIES, WITH SPECIFIC PRIORITY ACTIONS FOR EACH OF THE RIVERS. THE PLAN GIVES TOP PRIORITY TO PROJECTS THAT DIRECTLY BENEFIT THE RESOURCE AND PROVIDES CREATIVE SOLUTIONS FOR THE AGRICULTURAL, FORESTRY AND AQUACULTURE AREAS TO MINIMIZE STOCK IMPACTS AND DISRUPTION TO THE BUSINESSES.
IN DECEMBER 1997, THE SERVICES CELEBRATED THIS MAINE PLAN AS A "NATIONAL MODEL" THAT WOULD OPEN "A NEW CHAPTER IN CONSERVATION HISTORY." THE SERVICES DETERMINED THAT A THREATENED ESA LISTING OF THE RUNS WAS NOT WARRANTED BECAUSE THE STATE PLAN OFFERED SUFFICIENT PROTECTIONS. BUT LESS THAN TWO YEARS LATER, APPARENTLY IN RESPONSE TO PRESSURE FROM A LAWSUIT FILED BY ENVIRONMENTAL GROUPS, THE SERVICES ABRUPTLY REVERSED COURSE, AND DECIDED TO LIST MAINE ATLANTIC SALMON AS ENDANGERED. THE SERVICE FAILED TO PROVIDE A CREDIBLE RATIONALE FOR THE LISTING OR TO DEMONSTRATE ANY TRULY CHANGED CIRCUMSTANCES IN THE STATUS OF THE MAINE RUNS.
THE SERVICES' FAILURE TO HONOR THE STATE CONSERVATION PLAN REPRESENTS THE LOSS OF THE BEST OPPORTUNITY TO RECOVER MAINE SALMON RUNS. THE STATE HAD APPROPRIATED OVER $2 MILLION IN NEW MONEY, HAD SHIFTED EXISTING STAFF AND PROGRAMS TO SUPPORT THIS PLAN, AND HAD ORGANIZED SIGNIFICANT PUBLIC-PRIVATE PARTNERSHIP SUPPORT. AT THE STATE'S REQUEST, OUR COMPANY HAD CONTRIBUTED MORE THAN $200,000 IN DIRECT COSTS ALONE FOR AN INNOVATIVE ADULT RESTORATION STOCKING PROGRAM, RAISING WILD FISH FROM THE RIVER FOR LATER RELEASE AND NATURAL SPAWNING. ALTHOUGH HIGHLY SUCCESSFUL TO DATE, THE ADULT STOCKING PROGRAM'S FUTURE IS UNCERTAIN AFTER THE LISTING.
BY RUSHING INTO THE LISTING THE SERVICES EFFECTIVELY DERAILED A STATE PLAN THAT WAS WELL ON ITS WAY TO ACHIEVING THE GOALS JOINTLY ENDORSED BY THE STATE AND THE SERVICES. ALTHOUGH SUPPORT FOR THE MAINE PLAN REMAINS STRONG TO DATE, IT IS HIGHLY UNLIKELY THAT THE PRIVATE BUSINESS COMMUNITY WILL CONTINUE THAT SUPPORT IF THE FEDERAL LISTING IS NOT REVERSED. THERE IS NO APPETITE FOR DEALING WITH THE SERVICES, GIVEN THEIR FAILURE TO BE GUIDED BY THE BEST AVAILABLE SCIENCE, AND THEIR POOR TRACK RECORD ON PRAGMATIC SOLUTIONS.
III. FAILURE TO FOLLOW LISTING CRITERIA
THE SERVICES TURNED A DEAF EAR TO THE ESA MANDATE THAT THE BEST SCIENTIFIC EVIDENCE BE USED TO MAKE LISTING DETERMINATIONS AND FAILED TO HEED CONGRESSIONAL CAUTIONS TO USE THEIR POWER TO LIST "DISTINCT POPULATION SEGMENTS" SPARINGLY. THE MAINE CASE ILLUSTRATES A CONTINUING PROBLEM IN ESA ADMINISTRATION: CONGRESS INTENDED THAT CONCLUSIVE EVIDENCE, REPRESENTING THE BEST AVAILABLE SCIENTIFIC DATA, BE USED IN LISTING DECISIONS FOR DISTINCT POPULATION SEGMENTS. BUT INCREASINGLY, THE SERVICES RELY UPON THE "PRECAUTIONARY PRINCIPLE" TO JUSTIFY LISTING DECISIONS IN THE ABSENCE OF COMPLETE DATA. WE HEARD SERVICES REPRESENTATIVES REPEAT MANY TIMES IN THE MAINE LISTING HEARINGS THAT ALTHOUGH THE GENETIC EVIDENCE WAS INCOMPLETE, AND THAT THE GENETIC HERITAGE OF THE MAINE SALMON WAS NOT CLEAR, THE PRECAUTIONARY PRINCIPLE REQUIRED THAT THE SALMON BE LISTED GIVEN THE LOW POPULATION LEVELS. THE AGENCY'S GROWING RELIANCE UPON THE PRECAUTIONARY PRINCIPLE IN ESA REPRESENTS A FUNDAMENTAL CONFLICT WITH STATUTORY AUTHORIZATION AND CONGRESSIONAL INTENT IN ESA LISTING.
OUR WRITTEN TESTIMONY OFFERS A DETAILED EXPLANATION OF THE SERVICES' MULTIPLE FAILURES TO FOLLOW LISTING CRITERIA IN THE MAINE SALMON CASE.
IV. FAILURE TO HONOR THE NEEDS OF THE RESOURCE AND ITS HABITAT
THE SUDDEN AND ILLOGICAL REVERSAL OF THE SERVICES' POSITION ON THE NEED FOR ESA LISTING OF MAINE SALMON CLEARLY REVEALS THAT THIS WAS A POLITICAL LISTING THAT HAD NOTHING TO DO WITH THE NEEDS OF THE RESOURCE OR WITH THE BEST SCIENCE AVAILABLE. WE BELIEVE THAT THE SERVICES DECIDED TO TAKE THE PATH OF LEAST RESISTANCE, AND LIST THE SPECIES RATHER THAN DEFEND ITS DECISION IN THE LAWSUIT. IRONICALLY ONE OF THE DOCUMENTS THAT THE SERVICES ATTEMPTED TO SUPPRESS FROM FOIA DISCLOSURE ARGUED THAT IT WAS BETTER TO SACRIFICE ONE STATE PLAN SO THAT THE CONCEPT OF STATE PLANS COULD BE PRESERVED FOR FUTURE USE. THIS ABANDONMENT OF THE STATE PLAN, AFTER ENCOURAGING THE STATE AND ITS CITIZENS TO IMPLEMENT THE PLAN, REPRESENTS A SERIOUS BREACH OF FAITH BY THE SERVICES, AND A COMPLETE DISREGARD FOR THE REAL NEEDS OF THE SALMON RESTORATION.
HAVING INSISTED ON DERAILING THE STATE PLAN, THE SERVICES HAVE TAKEN NO EFFECTIVE ACTION TO ADDRESS THE PRIORITY NEEDS OF SALMON RESTORATION. THE SERVICES HAVE ACTUALLY CUT FUNDING FOR MAINE RIVER RESTORATION PROGRAMS, AND IGNORED THE AGREED UPON PRIORITY NEEDS FOR SALMON RESTORATION REFLECTED IN THE MAINE PLAN. IN THE LAST BUDGET PROPOSAL, THE SERVICES PROPOSED TO SPEND ONLY $1.2M IN MAINE ON THE ESA STOCKS, AN OUTRIGHT BUDGET CUT FROM PRE-LISTING BUDGETS. IN CONTRAST, THE SERVICES PROPOSED TO SPEND $6.2M ON THE RESTORATION STOCKS TO THE SOUTH OF MAINE. THE SERVICES' OWN BUDGET PROPOSAL IS THE MOST DEVASTATING POSSIBLE CRITIQUE OF THEIR DISORGANIZED AND INEFFECTIVE RESTORATION PROGRAMS.
INSTEAD, THE SERVICES HAVE CHOSEN TO FOLLOW THEIR DEFAULT COURSE, SEEKING TO BULK UP STAFF TO CARRY OUT SECTION 7 CONSULTATIONS. THEY HAVE LOST NO TIME IN DEMANDING NEW PERMIT CONDITIONS FOR AQUACULTURE THAT ARE WHOLLY UNSUPPORTED BY SCIENCE, AND WOULD CAUSE MASSIVE DISRUPTION AND LOSSES TO THE MAINE AQUACULTURE INDUSTRY IF IMPLEMENTED. REFUSING TO CONSULT WITH THE DEPARTMENT OF AGRICULTURE EXPERTS ON AQUACULTURE, MARKING, OR GENETICS ISSUES, THE SERVICES HAVE DEMANDED MARKING TECHNOLOGY THAT DOES NOT EXIST FOR FISH, AS WELL AS IMMEDIATE SLAUGHTER OF PERFECTLY HEALTHY BROODSTOCK AND FISH BEING RAISED BY THE COMPANIES ON THE THEORY THAT THEY ARE NOT GENETICALLY COMPATIBLE WITH MAINE RUNS. THE SERVICES HAVE NO KNOWLEDGE OR UNDERSTANDING OF OUR INDUSTRY, BUT CONTINUE TO TURN A DEAF EAR TO THE EXPERT STATE OF MAINE AGENCIES AND FEDERAL DEPARTMENT OF AGRICULTURE ON AQUACULTURE ISSUES. IN SPITE OF THE TREMENDOUS POTENTIAL LOSSES TO OUR COMPANY, THE SERVICES HAVE ARBITRARILY REPUDIATED THEIR PRIOR COMMITMENTS TO THE STATE OF MAINE THAT NON-NORTH AMERICAN ORIGIN ATLANTIC SALMON COULD CONTINUE TO BE USED WITH EFFECTIVE CONTAINMENT. IT IS JUST THIS TYPE OF ARBITRARY AND UNACCOUNTABLE SERVICES ACTION THAT TURNS ESA LISTINGS INTO A NIGHTMARE FOR PRIVATE CITIZENS AND CREATES STRONG OPPOSITION TO ESA LISTINGS.
IT SHOULD BE NOTED THAT THE SERVICES' DEMANDS ON AQUACULTURE IN THIS LISTING CREATE VERY SIGNIFICANT ADVERSE PRECEDENTS FOR AGRICULTURE IN ESA LISTINGS GENERALLY, ESPECIALLY WHERE THE SERVICES ARE PROCEEDING UPON THE PRECAUTIONARY PRINCIPLE TO JUSTIFY THEIR ACTIONS.
IT IS CLEAR THAT THE SERVICES ARE ATTEMPTING TO SCAPEGOAT AQUACULTURE, WHICH DID NOT EVEN EXIST WHEN THE MAINE SALMON RUNS DECLINED, IN ORDER TO DISTRACT ATTENTION FROM THE SERVICES' FAILURE TO ADDRESS THE CRITICAL NEEDS OF THE RESOURCE. IRONICALLY, THE SERVICES HAVE FAILED TO FULFILL THE ONE EXCLUSIVE FEDERAL ROLE THAT WOULD BENEFIT SALMON RESTORATION - TO WORK THROUGH INTERNATIONAL TREATY ORGANIZATIONS SUCH AS THE NORTH ATLANTIC SALMON CONSERVATION ORGANIZATION (NASCO) TO SECURE A MORATORIUM ON THE ON HIGH SEAS SALMON FISHERIES. THE NATIONAL FISH AND WILDLIFE FOUNDATION LED A SIMILAR MORATORIUM EFFORT IN 1993 - 94, RESULTING IN A 1995 POPULATION REBOUND-THE ONLY SUCH REBOUND IN RECENT HISTORY. SIMILARLY THE SERVICES CONTINUE TO SHRINK FROM EFFECTIVE INDEPENDENT PEER REVIEW OF THEIR MAINE SALMON STOCKING PROGRAMS, WHICH ARE CONTRIBUTING TO THE DECLINE OF THE SPECIES. MAINE SALMON CANNOT RECOVER UNTIL THESE PRIORITIES ARE ADDRESSED.
CONCLUSION
AFTER NEARLY THIRTY YEARS, THE ESA AND ITS ADMINISTRATION IS IN NEED OF UPDATING TO REFLECT THE ADVANCES IN SCIENCE AND TECHNOLOGY AND TO PRESERVE TRADITIONAL STATE ROLES IN WILDLIFE MANAGEMENT. WE REQUEST THAT CONGRESS ESTABLISH CLEAR GUIDANCE TO THE SERVICES THAT WILL PROTECT AND SUPPORT STATE CONSERVATION PLANS IN THE LISTING PROCESS. CONGRESS MUST TAKE ACTION TO REQUIRE STRICT ADHERENCE BY THE SERVICES TO ESA LISTING CRITERIA AND SPARING USE OF THE DPS CONCEPT. FINALLY, CONGRESS MUST HOLD THE SERVICES ACCOUNTABLE FOR POST-LISTING DECISIONS, REQUIRING THE SERVICES TO DEMONSTRATE THAT THERE IS A QUANTIFIABLE SCIENTIFIC BASIS FOR THE PERMIT CONDITION OR OTHER FEDERAL ACTION, AND THAT EVERY EFFORT HAS BEEN MADE TO MINIMIZE UNNECESSARY DISRUPTION OF PRIVATE PROPERTY RIGHTS AND BUSINESSES.