Coastal Services Center

National Oceanic and Atmospheric Administration



Endangered Species:
How State Laws are Aiding Connecticut and Massachusetts


"Nothing is more priceless and more worthy of preservation than the rich array of animal life with which our country has been blessed."
President Nixon,
upon signing the national Endangered Species Act

While the national Endangered Species Act receives a lot of attention, it is often state regulations that are the first line of defense in protecting species that have state or regional importance. Increasingly, coastal resource managers are having to balance development and recreational activities along our nation's shoreline with the habitat needs of endangered or threatened species.

"Habitat loss is the most significant threat to endangered species," notes Scott Melvin, senior zoologist for the Natural Heritage and Endangered Species Program in the Massachusetts Division of Fisheries and Wildlife. "Given human population trends in this country, it's probably going to continue to be a significant threat.

"The coastline in Connecticut is highly developed," says Greg Chasko, assistant director of the Connecticut Department of Environmental Protection's Wildlife Division. "People and wildlife competing for space along the coast is a significant issue in Connecticut."

This article looks at the issue of endangered species and how state laws in Connecticut and Massachusetts are impacting coastal management.

Long List

"There are a lot of things we review with the coastal zone program" for endangered species impacts, notes Jenny Dickson, wildlife biologist with Connecticut's Wildlife Division. These include "dock permits, dredge permits, construction activities affecting beaches, dunes, and tidal wetlands, issues of marsh restoration, doing phragmites control. The list is pretty long."

Melvin adds energy issues to the list. "It could be oil spills or the siting and installation of wind-power facilities. Really, any development in the coastal zone" could impact an endangered or threatened species.

He also includes managing animals that prey upon endangered coastal species as a management issue.

"Recreational management is a huge issue for endangered species," adds Susi von Oettingen, an endangered species specialist with the New England Field Office of the U.S. Fish and Wildlife Service. "Several species have literally been crushed out of existence through much of their range."

National Law

In 1973, President Nixon signed the national Endangered Species Act to protect species and their ecosystems. The act encompasses birds, insects, fish, reptiles, mammals, crustaceans, flowers, grasses, and trees.

The act prohibits federal agencies from doing anything that may jeopardize endangered or threatened species, and forbids the harming, harassing, or killing of endangered animals without a permit. The act also requires that critical habitat be designated for a species.

The U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration's (NOAA) National Marine Fisheries Service share responsibility for administration of the act. NOAA handles marine species, and Fish and Wildlife has responsibility over freshwater fish and all other species, and maintains the list of over 1,500 endangered and 300 threatened species.

Another Layer

According to the State Environmental Resource Center, 45 states have their own endangered species acts, which model the national law and provide a mechanism for listing endangered or threatened species and prohibit the taking of, or trafficking in, listed species. A number of states also include species recovery or critical habitat designation.

As a result, state endangered species acts can provide a second layer of protection for species that are already federally listed, and also help a state protect non-federally listed species.

"A lot of species that are of conservation concern in Connecticut are not a concern on a national scale," explains Dickson.

She points to the example of the saltmarsh sharp-tailed sparrow, which is found only in the coastal saltmarshes of the eastern U.S. "We have a responsibility for the global population of that species. If we only looked at the federally listed species, it would be overlooked, to our detriment."

Mirror Image

Both Connecticut's and Massachusetts' endangered species acts mirror the federal act, says Julie Victoria, wildlife biologist with Connecticut's Wildlife Division.

In Massachusetts, however, coastal habitat is specifically addressed in a second state law—the Massachusetts Wetlands Protection Act—that prohibits harmful alterations to the wetland habitats of rare wildlife species.

The Wetlands Protection Act has been an "especially effective tool for protecting the habitats of rare coastal waterbirds," Melvin says. "These include coastal beaches, dunes, intertidal areas, and wetland resource areas." It is administered at the local level, providing "a whole network of local administrators to review projects."

Both Connecticut's and Massachusetts' managers say they coordinate closely with other state and federal agencies, private organizations, and individuals when addressing endangered species issues.

Sustained Efforts

The endangered species acts in both states have been successful in avoiding or mitigating adverse impacts to endangered and threatened resources.

"The piping plover is a positive example," says Melvin. "Both the Atlantic coastal population and Massachusetts' population have increased substantially over 20 plus years of intensive management."

What's worked, says Dickson, is "having conversations up front about a project that may impact a rare species and coming up with creative solutions before we end up having a problem."

Getting Harder

Even as the state and national endangered species acts have resulted in the protection and recovery of certain species and the reduction of some environmental threats, other risks still exist, and many species will require sustained management efforts, Melvin says.

"I think it's going to get harder," he says. "We have a finite habitat base, a growing population with no end in sight, and our economic system is based on sustaining never-ending growth. Something will have to give."

"Historically, we've been more reactive than proactive in terms of endangered species management," says Dickson. "It's much more economical and easier if we keep species from becoming endangered in the first place."

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For more information on Connecticut's Endangered Species Act, contact Greg Chasko at (860) 424-3011, or greg.chasko@po.state.ct.us. You may also contact Jenny Dickson at (860) 675-8130, or jenny.dickson@po.state.ct.us, or Julie Victoria at (860) 642-7239, or julie.victoria@po.state.ct.us. For more information on Massachusetts' Endangered Species Act, contact Scott Melvin at (508) 389-6345, or scott.melvin@state.ma.us.

Additional Resources

Information on the Connecticut Endangered Species Act
www.ct.gov/dep/endangeredspecies

Information on the Massachusetts Endangered Species Act
www.mass.gov/dfwele/dfw/nhesp_temp/regulatory_review/mesa/mesa_home.htm

Information on endangered species and the Massachusetts Wetlands Protection Act
www.mass.gov/dfwele/dfw/nhesp_temp/regulatory_review/wpa/wpa_home.htm

U.S. Fish and Wildlife Service's Endangered Species Program
www.fws.gov/endangered/

National Oceanic and Atmospheric Administration (NOAA)
Fisheries' Office of Protected Resources
www.nmfs.noaa.gov/pr/laws/esa/


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