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(updated May, 2008!)
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(c)
Priscilla Titus
- Contact us!
- Native Plant
- Conservation Campaign
PMB 151
- 1459 18th St.
- San Francisco, CA
94107
Phone: 415 970 0394
- Director, NPCC

(c) David Tibor
(c) John
Game

(c)
Susan Meyer

(c) Lori
J. Makarick

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- Equal Protection for Plants
Background Information
and Materials:
NPCC Special Report:
Legislative and Budgetary Barriers to Native
Plant Protection
Equal
Protection for Plants Campaign
Equal
Protection for Plants Sign-on Statement
SIGN the Equal Protection Statement (ORGANIZATIONS ONLY PLEASE. This
is not an individual sign on letter)
House Legislation
Protecting Wildlife From Climate Change Excludes Plants
See our Press
Release
Read our
LETTER to
Congress
Read the
legislative language excluding plants.
It is in the
Global Warming Wildlife Survival Act section "Energy
Independence, National Security, and Consumer Protection Act". See
highlighted portions in particular.
- Read the full Energy Independence, National
Security, and Consumer Protection Act:
- Go to the
Library of Congress. Search for H.R. 3221 and click
"H.R.3221.PCS" - the version placed on the Senate Calendar
______________________________________
For Immediate Release,
September 18, 2007
Contact: Emily B. Roberson, Center for Biological
Diversity Native Plant Conservation Campaign, (415) 970-0394
Plant Science and Conservation Groups Ask Congress to
Add Plants to Legislation Protecting Wildlife From Climate Change
WASHINGTON, D.C.— Today the Native Plant Conservation
Campaign, Ecological Society of America, Botanical Society of America,
American Society of Plant Taxonomists, and the American Society for
Horticultural Science sent a letter asking Congressional leaders to add
provisions to protect plants to new legislation designed to help wildlife
survive threats from global climate change.
The Native Plant Conservation Campaign is a program of
the Center for Biological Diversity. The campaign is a network of 38
native-plant societies, botanical gardens, and other plant science and
conservation organizations representing more than 80,000 individual plant
scientists and enthusiasts nationwide.
The request addresses the Global Warming Wildlife
Survival Act, a section of the Energy Independence, National Security, and
Consumer Protection Act. The legislation passed the House this summer and
may soon be considered by the Senate. The Act contains groundbreaking
provisions that would direct federal agencies to develop strategies to
assist wildlife affected by global warming. But it does not allow the
agencies to develop strategies for the thousands of plants also at risk from
climate change.
“While we applaud this step forward in addressing the
impacts of climate change on wildlife, the most effective conservation
strategies must be designed at the ecosystem level — to include plants,
wildlife, and their habitats,” said Dr. Norman Christensen, president of the
Ecological Society of America. “Because of complex interactions among
species, it is imperative to employ protection for plants as well as
wildlife to ensure the health of ecosystems and their resilience to climate
change.”
“Plants are the foundation of life on this planet, and
critical to human welfare,” said Dr. Emily Roberson, director of the Native
Plant Conservation Campaign. “Through photosynthesis, plants generate the
oxygen we breathe and create the fuel for life. Their roots help clean the
water we drink, and they supply foods, fibers, medicines and countless other
products and commodities we depend on for survival, jobs, and economic
security.”
"Horticulturalists value native plants, not only for
their aesthetic value in the landscape, but for their present and potential
contributions as medicinal plants and new crops. In addition, native plants
worldwide are an important source of genetic diversity for breeders of both
ornamental and crop plants," said Dr. Mary Peet, president of the American
Society of Horticultural Science.
Scientists are already identifying numerous plants
that may be lost to climate change. These include delicate mountain
wildflowers like the deep-yellow snow buttercup and bright blue sky pilot as
well as alpine forest types like spruce/fir in New England — all of which
may disappear completely as mountaintops warm. Coastal plants are also at
risk as sea levels rise. Some mangrove forests, for example, may be wiped
out, causing serious problems in areas like Florida where mangroves have
protected coasts from hurricanes and floods and created habitat essential to
multi-billion dollar fisheries and other industries.
The omission of plants from the Global Warming
Wildlife Survival Act is part of a broader trend. Plants are often treated
as “second-class conservation citizens” in the United States; funding and
legal requirements for their conservation are substantially lower than for
animal species. Nearly 60 percent of species listed under the Endangered
Species Act are plants, but less than three percent of federal endangered
species funding goes to plants.
One example is the federally funded Wildlife Action
Plan program, which provides money for state species and habitat
conservation projects. More than $400 million was disbursed by the program
between 2001 and 2006, but not a dollar went to plants since federal law
explicitly prohibits states from using Wildlife Action Plan funds for plant
conservation (unless such conservation comes as a byproduct of "wildlife"
conservation projects).
“No scientific evidence supports the contention that
meaningful conservation of wildlife or habitats can be accomplished in the
absence of vigorous plant conservation,” said Roberson. “If it is to achieve
its goals, this landmark energy legislation, like all conservation laws and
policies, must provide equal protection for the plant kingdom.
| Plants Receive
inferior protection under the Federal Endangered Species Act and other Laws. These policies
undermine the effectiveness of biological diversity conservation programs in the United
States. The Native Plant Conservation Campaign
has released a Special Report detailing the barriers to effective plant
conservation under federal laws and policies. These barriers include:
- Imperiled plants are less than half as likely to be listed
under the Federal Endangered Species Act as imperiled animals
- Plants receive only 3% of total recovery spending for federally
listed species.
- The Federal Endangered Species Act provides inferior protection to
plants than to other species
Read the full Report: Barriers
to Native Plant Conservation in the U.S..
These outdated
policies fly in the face of biological reality. Science tells us that plants and animals
are inextricably intertwined and contribute equally to the health and survival of the
ecosystems that sustain us all. If we are to conserve healthy ecosystems and biological
diversity, we cannot pick some species to save and ignore others. |
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- Fringed Gentian, OH
- (c) Ami Horowitz
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- Glandularia
- bipinnatifida, NM
- (c) Robert Sivinski
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Equal Protection for Plants
Campaign
The Califonia Native Plant Society and the Native Plant Conservation Campaign
have launched an Equal
Protection for Plants Campaign. Our longterm goals are to amend FESA, improve
budgets, and change state species protection laws where necessary, to provide plants with
the same protections and recovery opportunities that are currently provided to other
listed species. We have launched a public education campaign and a petition drive to build
support for this idea. Your organization can SIGN ON to the Equal
Protection for Plants statement (below)
Fact Sheets:
Open Letter
calling for Equal Protection for Plants under the Federal Endangered Species Act
Plants
and animals contribute equally to the stability, health, and functions of the ecosystems
on which we all depend for survival. However, plants and animals are not treated equally
under the Federal Endangered Species Act.
Federally
listed plant species are among the rarest and most imperiled species in our nation. But
although the Federal Endangered Species Act prohibits the unauthorized destruction or even
harm of Federally listed animals everywhere they occur, it allows many listed plants to be
killed, without limit, on non-Federal lands, except in restricted circumstances*. In fact,
some plant species can be knowingly driven to extinction without violating the Federal
Act.
Lesser
protection for plants is unsupportable biologically. It disregards our current
understanding that plants and animals are inextricably intertwined in the structure and
functioning of healthy ecosystems.
Unless
plant species are protected from extinction as vigorously as animals, efforts to conserve
biological diversity will inevitably fail. Plants and animals depend upon each other for
food, habitat, indeed for their very survival. We cannot arbitrarily pick only one kingdom
to protect. Ecosystems cannot survive with only one group or the other.
For these
reasons, the undersigned organizations urge that the Federal Endangered Species Act be
amended to provide the same protection for plants that it currently provides for animals
through all of its policies, programs, and penalties.
Signed (as of October 5, 2007),
- California Native Plant Society,
Sacramento, CA
- National Parks and Conservation
Association, Washington D C
- Natural Resources Defense Council,
Washington, DC
- American Lands Alliance, Washington DC
- Endangered Habitats League, San Diego,
CA
- Endangered Species Coalition, Washington
DC
- Sierra Nevada Forest Protection
Campaign, Sacramento, CA
- Pacific Rivers Council, Portland, OR
- California Botanical Society,
Sacramento, CA
- Oregon Natural Resources Council Action,
Eugene, OR
- Sequoia Forest Alliance, Weldon, CA
- Safe Alternatives for our Forest
Environment, Hayfork, CA
- Cold Mountain, Cold Rivers, Missoula MT
- Forest Issues Group, Grass Valley, CA
- Center for Sierra Nevada Conservation,
Georgetown, CA
- Whidbey Environmental Action Network,
Seattle, WA
- Oregon Natural Desert Association,
Portland, OR
- Grassroots Environmental Effectiveness
Network, Washington DC
- Center for Biological Diversity, Tuscon,
AZ
- Society for Conservation Biology
- Student Environmental Action Coalition,
Normal Il
- Defenders of Wildlife, Washington DC
- John Wesley Powell Audubon Society,
Normal IL
- US PIRG, Washington DC
- Florida Native Plant Society
- Native Plant Society of Oregon
- Texas Committee on Natural Resources
(TCONR)
- Washington Native Plant Society
- Southern California Botanists
- Indiana Native Plant and Wildflower
Society
- The Wilderness Society, Washington DC
- The Sierra Club, Washington DC
- Friends of Georgia, Inc , Stone
Mountain, GA
- North Carolina Wild Flower Preservation
Society
- Botanical Society of America
- Society for Conservation Biology,
Missouri Chapter
- T&E Inc , Cortaro, Arizona
- Utah Native Plant Society
- American Society of Plant Taxonomists
- Virginia Native Plant Society
- Xerces Society
- Center for Native Ecosystems,
- North Carolina Botanical Garden
- California Institute for Biodiversity,
Walnut Creek, CA
- Maryland Native Plant Society
- Native Seeds/SEARCH, Tucson, AZ
- Invasive Plants Association of Wisconsin
- Institute for Applied Ecology
- Kauai Native Plants Society
- Florida Native Plant Society
- Botresearch USA
- Longleaf Ecological, Whispering Pines,
NC
- Ticonderoga Arboretum and Botanical
Gardens, Chantilly, VA
- Clean Earth Foundation, Chantilly, VA
- Iowa Native Plant Society
- WindStar Wildlife Institute, Meyersville,
MD
- Great River Greening, StPaul, MN
- Herb Society of America
- South Carolina Native Plants Society
- Northside Greenspace Inc, Cincinnati OH
- Minnesota Native Plant Society
- American Society for Horticultural
Science
- Leech Lake Band of Ojibwe Division of
Resources Management, MN
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*Section
9 (a) (1) of FESA (16 U.S.C. § 1531 et seq.) gives animals full protection from
destruction within the United States or the territorial sea of the United
States or upon the high seas. But Section 9 (a) (2) (B) of FESA
prohibits destruction of Federally listed plant species only on areas under Federal jurisdiction.
Plants also cannot be killed in knowing >violation
of state law, while trespassing, or in violation of Section 7 of FESA which governs
Federal agency actions.
Therefore,
listed plants are only protected
(1) on Federal lands or during activities that are
funded, permitted, or carried out by a Federal agency and are therefore under Federal
jurisdiction, or
(2) in the unlikely event that it can be proved that they are destroyed
in knowing violation of state law or during trespassing.
Logging, housing development,
mining, and other activities may all kill unlimited numbers of Federally listed plants,
even cause extinction of a species, as long as the destruction does not meet these
conditions.
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