January 22, 2019

Our Federal Government Determined That it Will Control and Censor the Internet With or Without SOPA/PIPA

It’s blatantly disgusting! And any American who willing stands by to allow our government to employ such Stalinist-like control and censorship over the one remaining mechanism to express freedom of speech, belongs in an internment camp.

While some of us are focusing on stopping SOPA/PIPA, it is doing absolutely nothing to stop the feds from shutting down websites willy-nilly. What ever happened to DUE PROCESS?

Check out the Drudge Report this morning! And here are some of the links Drudge provides that show government overstepping authority and shredding of our constitution:

1.) US government hits Megaupload with mega piracy indictment

2.) Anonymous Goes on Megaupload Revenge Spree: DoJ, RIAA, MPAA, and Universal Music All Offline

3.) Google Is Already Using SOPA-Like Censorship

4.) Republicans stand together to oppose piracy law And don’t forget it was many of the faux republicans who wrote and supported SOPA/PIPA.

It’s time to wake up and get rid of every one of these bastards who have no regard for our freedoms! Or you can sit by and do and say nothing……Komrades!

Tom Remington

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Is Wind Energy About Clean, Alternative Energy or Greasing Palms and Crooked Politicking?

Hat tip to Richard Paradis for providing the information for this article.

Maine is like many states that have been bombarded with the construction of intrusive, environment-destructive wind turbines, all hiding behind the image of providing alternative energy, lowering energy costs and saving the planet. Those who have had the nasty turbines planted in their back yards are finding out that all the promises made about how quiet and unobtrusive they are were false. In addition, while the entire efforts were billed as a cost effective alternative to carbon polluting oil and coal, over time we are finding out that much of the goings on behind providing funds to promote more wind energy, is nothing more than political paybacks by the Obama Administration from the 2008 campaign. With a new election coming this year, what kind of palm greasing can we expect?

From the book, “Throw Them All Out”, by Peter Schweizer, on page 94 we discover that Obama gave $115 million in taxpayer money to a wind energy company First Wind. People of Maine, Utah and New York in particular are familiar with First Wind.

The chart below shows a listing of people who were large contributors and/or bundlers to the Obama presidential campaign in 2008. For Maine residents, take notice that former Gov. Angus King and now owner of Record Hill Wind, received $102 million in taxpayer money to build his wind farms.

The center column shows the energy companies, i.e. wind energy, these donors own. In the right hand column is the amount of tax dollars kicked back to these donors by the Obama Administration after the election. So it’s all about clean energy is it?

I would put into action exactly what the title of the referenced book says: Throw Them All Out!

Tom Remington

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3 ATF Officials Suspended So Far Over “Fast and Furious”

Cam Edwards of Cam and Company interviews Katie Pavlich from Townhall, via Brietbart.tv, on announcement of the suspension of three ATF officials tied in with “Fast and Furious”.

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Ron Paul On His Personal Faith

I am not endorsing any candidate, including Ron Paul. I share this only because this is the first time I’ve heard him express his personal faith in God.

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Ceding Away Rights in the Name of Public Safety

My good friends at the National Center for Public Policy Research put out a press release today about the state of Illinois’ seeming hypocrisy and double standards when applying law mandating the use and/or need of producing government identification.

As a whole, I support the policies and efforts of the National Center for Public Policy Research (NCPPR) but today I have to take issue with some of the argument used by the Center’s Project 21 representative, Stacey Swimp.

At issue is the fact that the state of Illinois now requires government endorsed identification when purchasing certain products, among them drain cleaner. Swimp’s beef comes from the fact that Illinois has rejected previous bills attempting to require some kind of photo identification in order to vote.

“If people must provide a government-issued ID to unclog their drains, they certainly should do the same for the very important task of selecting their elected leaders.”

The point is well taken and I might have left it at that and made some small remark wondering why it is even necessary to require anybody to produce a government-approved ID card to buy Drano?

To bolster the argument, Swimp later says the following:

“Having been certified as a pesticide applicator in the past and knowing the harm they can inflict if used maliciously, I understand why some might want to have a means of identifying who obtains them and for what reasons. The same would apply to guns, fertilizers, over-the-counter medications that can make illicit drugs and — in this case — acids and other dangerous chemicals. So it’s only logical that people who have these concerns would also want similar identification rules to prevent vote fraud.”

I might understand that “some” people might want to regulate breathing of humans but that is not a valid reason to require them to obtain a government permit to do so. It’s easy to spout off about those “reasonable” regulations because we “understand why some”, but how is any of this constitutional and what kind of trouble has this country gotten itself into because we cede away our rights in the name of public safety because “some people might want”?

I’m not suggesting that I think Swimp is advocating for tougher regulations on buying Drano, guns, fertilizers, etc. I have no idea of his position on these issues. It’s simply the fact that he is using defective logic to make a point.

Isn’t it about time that people in this country begin demanding back their rights? Please show me in the constitution where it is “reasonable” that I cede rights. And while your there show me where it is required that I obtain a government approved ID card to buy and sell.

What’s next? The mark of the beast in order that anyone can buy or sell? You keep giving away your freedom by swallowing the Kool-Aid about public safety and national security and we won’t even be having this conversation.

Tom Remington

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Prominent Marine Biologist Facing 20 Years in Prison for Feeding Whales

Hat tip to reader “Harley”

Nancy Black, a well known “whale expert” is being charge with violating the Marine Mammal Protection Act because she allegedly fed killer whales in 2005, a claim her attorney says is false. The story is bizarre and drives home further thoughts of fascist government control over our lands and waters.

Tom Remington

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SOPA/PIPA Misunderstood by Those Who Misunderstand the Misunderstood

SOPA and PIPA are acronyms for U.S. House and Senate bills designed to censor the Internet and in particular a focus on putting out of business political pundits and anyone who associates with or perhaps even “links” to those websites.

In Politico yesterday, Tim Mak quotes Erick Erickson of Red State:

“Congress has proven it does not understand the Internet. Perhaps they will understand brute strength against them at the ballot box. If members of Congress do not pull their name from co-sponsorship of SOPA, the left and right should pledge to defeat each and every one of them.”

While I can share in the sentiments that “brute strength” at the ballot box might oust certain supporters in Congress of SOPA/PIPA, I have to disagree with Erickson’s assessment that “Congress has proven it does not understand the Internet”. On the contrary! I believe Congress completely understands the Internet and thus this is the real reason for SOPA/PIPA and all other Internet limiting/censoring bills that have been proposed over the years.

Government works everyday to limit our freedoms and destroy our rights. A free and uncontrolled-by-government Internet is a direct threat to Congress and the White House.

Congress completely understands that the freedom to exercise one’s first amendment rights via the Internet does not bode well for them. They fear truth and work hard to suppress it. Truth always wins out in the end so why should Congress fear the Internet?

We shouldn’t buy into some claim that Congress is ignorant of the Internet. They simply want to usurp that power and freedom away from their subjects as well. Ultimately it’s all about control. Freedom is the antithesis of control.

Tom Remington

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Robert Fanning, Jr. Candidate for Mt. Gov. “Speaks From the Heart”

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“Recodification” of Maine Statutes in 2003 Gave That State It’s Ban on Snaring

In 2003, by mandate of the Maine Constitution, laws governing the Department of Inland Fisheries and Wildlife were “recodified”. The end result was a statewide ban, with exceptions, on the use of snares for trapping, other than underwater snares for beaver and foothold snares for bear.

If you are puzzled, join the ranks of thousands of other Maine sportsmen.

Let me present a bit of personal history to help readers understand how I got here. As a hunter, I have become concerned over what I believe to be an overgrown population of coyotes in many parts of Maine. This has contributed to a sizable reduction in the whitetail deer population there. Efforts to do something about that population have seen many hurdles and are currently mired in court orders and confusion over just what the Maine laws are. Perhaps it is intended to be this way.

Trappers using snares has proven to be an effective tool to target those coyotes who like to consider wintering deer yards as their own private 5-star restaurants. Implementation of snares around deer yards took care of a respectable number of coyotes that would kill winter-weary deer.

Use of snares was stopped and subsequent lawsuits by environmental and animal rights groups, coupled with a federal listing for protection of Canada lynx, has left Maine in a situation where, even if IFW agreed coyotes were that serious a problem, there is little they are willing or able to do to stop the demise of the deer herd.

But confusion has run deep as to what the Maine laws governing trapping and in particular snaring are. Here’s a brief history.

In 1929, the Maine Legislature passed and was signed by the governor, a law that banned the use of snares…..period. Over the years there have been minor changes to what equipment and definitions constituted a snare. I believe it was in 1983 when the Maine Legislature mandated that the Maine Department of Inland Fisheries and Wildlife (MDIFW) begin a program to control the population of coyotes. This, to my knowledge, was the first attempt at implementing the use of snares.

Through the 80s and 90s, it seems the Maine Legislature as a whole has been mostly supportive of controlling coyotes and have instructed MDIFW to do something about coyote control, and yet there is none.

To keep my focus where it needs to be in this article, I’ll become more directed to the events of 2003. The Maine Legislature and Gov. Baldacci, signed into law LD237, “An Act to Improve the Coyote Control Program”. Initially, LD237 was a bill to ban snaring again, even after it had shown its effectiveness. Subsequently and during debate, etc., LD237 was amended and thus the title I gave above was attached to the bill.

LD237 was not an all out ban on snaring. What remained was the authority given to the commissioner of MDIFW to use “agents” to “meet management goals established by the commissioner for deer……”. I say this with all due diligence that I firmly believe the overwhelming majority of Maine sportsmen believe this is the law that is in place today as it pertains to snaring. If this were the case, then surely the Commissioner, Chandler Woodcock, or any commissioner before him or after, could have easily put together a plan to implement a targeted snaring program for coyotes in areas of Maine most vulnerable to coyotes……if that were the law.

As the result of a lawsuit filed against Maine by the Animal Protection Institute, in 2007 a Consent Decree was activated by the Courts. In that Consent Decree, the use of snares was prohibited within those Wildlife Management Districts that had been deemed critical habitat for the Canada lynx; a species protected under the Endangered Species Act.

Because the majority of hunters and trappers (and to be honest, I think the ignorance ran deeply into MDIFW and probably the Maine Legislature) were still thinking that Maine was operating under the statute of LD237, people began asking why MDIFW didn’t implement snaring programs in areas outside critical lynx habitat. Downeast regions come to mind.

The Consent Decree was to remain in effect until such time as Maine was granted an Incidental Take Permit (ITP) from the U.S. Fish and Wildlife Service (USFWS), for the “incidental” taking of lynx during trapping season. Once again, sportsmen waited eagerly for Maine to acquire such a permit, believing that with this ITP, the commissioner has authority under LD237 to begin a snaring program. In the meantime, the deer herd is suffering.

I was one of many in the ranks of those led astray, or poorly informed, who wrote extensively on LD237 and the commissioner’s authority granted in that bill, fully believing through many hours of research that LD237 was the snaring law we were abiding by. Nobody has attempted to clear this up that I am aware of.

So, what law is the MDIFW, trappers and the people of Maine being governed by as it pertains to the use of snares? It took me many hours of research and a lot of dead ends and frustration, before I contacted the Maine Law Library seeking information, hoping it would answer some of my many questions.

What really piqued my level of frustration came when I was reading the Application for an Incidental Take Permit. Included at the end of this application was a copy of the trapping laws and rules that govern trapping in Maine. This is where I came upon Maine Statute 12252. Reading that statute, it says that it is unlawful to “set or tend a snare…….”. I told myself that there was something seriously wrong here. This isn’t even close to LD237, the law I and many others believed to be the law governing snaring.

A very important note that needs to be made here: This is the only statute provided in the ITP application that refers to the use of snares for capturing and killing coyotes. More in a minute.

Once the fine people at the Maine Law Library helped me and sent me some 800 pages of files and documents, I have learned that LD1600, “An Act To Recodify the Laws Governing Inland Fisheries and Wildlife” is the bill that governs trapping statewide.

Before I proceed, I want you to embed into your memory that LD237 was signed into law by Governor John Baldacci on April 25, 2003.

On June 3, 2003, Governor John Baldacci signed into law LD1600. LD1600 was introduced by Senator Bruce Bryant. There were no sponsors or cosponsors. Mr. Bryant was Chairman on the Joint Committee on Inland Fisheries and Wildlife at that time I was told by the Law Library. By law, the Joint Committee was to read LD1600 and debate all 600 pages or so and they ultimately made a unanimous recommendation to the Maine Legislature, “Ought to Pass”. According to House and Senate records there was no debate on LD1600. It passed the Legislature on May 27, 2003 and was signed into law by the governor as described above.

The Maine Constitution, Article X, Sec. 6, mandates the “recodification” of statutes every ten years beginning in 1973.

Section 6. Constitution to be arranged by Chief Justice of the Supreme Judicial Court; Constitution to be enrolled and printed with laws; supreme law of the State. The Chief Justice of the Supreme Judicial Court shall arrange the Constitution, as amended, under appropriate titles and in proper articles, parts and sections, omitting all sections, clauses and words not in force and making no other changes in the provisions or language thereof, and shall submit the same to the Legislature; and such arrangement of the Constitution shall be made and submitted to the regular session of the Legislature in 1973 and every 10 years thereafter unless sooner authorized by the Legislature; and the draft and arrangement, when approved by the Legislature, shall be enrolled on parchment and deposited in the office of the Secretary of State; and printed copies thereof shall be prefixed to the books containing the Revised Statutes of the State. And the Constitution, with the amendments made thereto, in accordance with the provisions thereof, shall be the supreme law of the State. (emphasis added)

My first knowledge about codification as it pertains to laws taught me that codification was more of a housekeeping measure. Its intent was to clear up language, redundancies, typos, grammar, etc., that sometimes made it difficult to interpret and administer the laws, but never to alter the law. Once statutes have been “codified”, which according to the Maine Constitution appears to have been in 1973, each ten-year term becomes “recodification”.

Wikipedia defines “recodification” this way:

Recodification refers to a process where existing codified statutes are reformatted and rewritten into a new codified structure. This is often necessary as, over time, the legislative process of amending statutes and the legal process of construing statutes by nature over time results in a code that contains archaic terms, superseded text, and redundant or conflicting statutes. Due to the size of a typical government code, the legislative process of recodification of a code can often take a decade or longer.

I think it becomes clear and should be a logical conclusion that the purpose of recodification isn’t to rewrite existing laws; only to clear up any confusions, etc. that make it difficult to understand the law.

And so, with the passage of LD1600 by the Maine Legislature, this is where the MDIFW came up with the statute that they provided in the application for an ITP to the USFWS that included a statewide ban on the use of snares.

As you might expect, this story doesn’t end here. In the “recodified” MDIFW trapping laws, i.e. Maine Statute 12252, Section 2, paragraph A reads: “A. Set or tend a snare for the purpose of trapping any wild animal or wild bird, except as provided in section 10105, subsection 1 and section 12259;” (emboldening added). If we examine the “recodified” MDIFW statutes under section 10105, subsection 1, we see that it tells us that the commissioner has the authority to issue permits to anyone in order to assist in the “taking and destruction of any wildlife”.

However, there is no mention in Statute 12252, of any reference to section 10105, subsection 3, “Coyote Control Program”, which I am under the impression is an attempt to recodify LD237. There exists no other place in the MDIFW statutes any law that resembles LD237 except for what is found in Statute 10105, subsection 3.

But, I’m left here with some of what I am considering serious and troubling problems with this entire procedure and the end results. First, if the purpose of recodification is to clear up confusing laws, errors, etc., one would think that during this process that Maine Statute 12252, Section 2, paragraph A. would have been changed to read: “A. Set or tend a snare for the purpose of trapping any wild animal or wild bird, except as provided in section 10105, subsection 1 and subsection 3 and section 12259;” (I emboldened what should have been added during recodification.)

As far as the laws that govern snaring, doesn’t it make sense that if a law is created that bans snaring and there were exceptions to that ban that all exceptions would be listed? Furthermore, shouldn’t it be expected that this should have been corrected during the recodification process? So was this a mistake by those undertaking the ginormous task of recodification, or something more sinister?

Second, before you answer that last question about the possibilities of something being more sinister, let me get back to something I mentioned before about the only snare-relevant statute included on the application for an ITP was 12252. Why didn’t the application also include statute 10105? The ITP application was drafted, according to dates on the draft, August 13, 2008. Gosh, the recodification and passage of LD1600 took place on June 2003.

The purpose, I am to presume, of MDIFW including the trapping statutes for Maine, is to show the USFWS what Maine’s current laws are that pertain to trapping, including snares so that USFWS officials can better determine how current laws will effect protection of the Canada lynx. The application included 12252, which “exceptions” 10105 subsection one but no mention of subsection three.

Was the omission of Statute 10105, the recodified law about coyote control and snaring an error, or something more sinister? You have permission to attempt to answer that now, however, you might want to read further.

Third, I have one more issue to discuss and bring to light. Above I provided information that I had as it pertains to codification and recodification. I think I made my case that recodification is not a tool to be used to rewrite existing laws, only to clear up discrepancies.

If that be the case, then certainly there is room for debate as to whether the recodification of the laws governing snaring were clearing up discrepancies or rewriting laws.

I am of the opinion that Maine Statute 12252 is a clear attempt at re institution of a statewide ban on snaring as was done in 1929. Maine Statutes in 1929, Chapter 331, Section 44 reads: “No person shall set a snare…..for any fur-bearing animal…”. Statute 12252 reads that it is unlawful to: “Set or tend a snare for the purpose of trapping any wild animal or wild bird”. Other than changing up some non existent and outdated terms and language, the recodification appears cut and dry.

I’m not sure the same can be said about Maine Statute 10105, Section 3, paragraphs A, B, and C. This has to be either an attempt to recodify LD237 or LD237 was stricken from Maine Statutes and this law was inserted in its place. This article is already quite lengthy but I believe it’s imperative to post the following information in order that readers can easily review and decide for themselves.

First, is LD237 passed into law on April 25, 2003:

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §7035, sub-§3, ¶B, as amended by PL 1999, c. 636, §1, is repealed.

Sec. 2. 12 MRSA §7035, sub-§3, ¶B-1 is enacted to read:

B-1. An agent may use snares to control coyotes during winter months under the following conditions.

(1) Agents may use snares only for animal damage control purposes to help meet management goals established by the commissioner for deer, threatened or endangered species or other wildlife species or to benefit agricultural interests as described in paragraph C.
(2) Agents must be trained and certified by the department in the use of snares.
(3) Agents must be deployed by a department wildlife biologist before setting snares.
(4) Agents shall post access points to areas in which snaring activity is taking place, including, but not limited to, roads and trails for motorized vehicles, cross-country skiers or hikers or other obvious travel ways that may be used by people.
(5) An agent shall plainly label snares with the full name and address of that agent.
(6) An agent shall keep an accurate record of the number and location of snares set by that agent and must be able to account for those snares at all times.
(7) An agent shall check that agent’s snares that are equipped with relaxing locks on a daily basis.
(8) Department employees may accompany agents at any time an agent is checking snares.
(9) Agents shall report monthly to the department on forms provided by the department the coyotes and nontarget species taken by snaring during the reporting period.
(10) The commissioner shall revoke the snaring certificate of an agent who violates any provision of this paragraph.

The commissioner shall adopt policies and procedures on the use of snares as necessary to minimize the potential for taking nontarget species and to adequately protect threatened and endangered species.

And the following is Maine Statute 10105, Section 3:

3. Coyote control program. Pursuant to section 10053, subsection 8, the commissioner shall maintain a coyote control program as follows.

A. The commissioner may employ qualified persons to serve as agents of the department for purposes of coyote control. These agents must be trained by the department in animal damage control techniques and must be utilized by the department to perform coyote control duties in areas where predation by coyotes is posing a threat to deer or other wildlife. Each agent shall execute a cooperative agreement with the department specifying the conditions and limitations of the agent’s responsibilities as an agent, including any terms for reimbursement of expenses or payment of wages.

B. Agents must be trained in the use of snares and must be deployed in the unorganized townships to control coyotes during the winter months. All snaring must be carried out under the direction of department officials and with the knowledge of the local game warden. All areas of snaring activity must be adequately posted.

C. Agents may be utilized for the benefit of agricultural interests as long as the department is reimbursed annually for the cost of those efforts by the Department of Agriculture, Food and Rural Resources from funds specifically appropriated or otherwise made available to the Department of Agriculture, Food and Rural Resources for that purpose.

It certainly would appear to me that certain liberties were taken in “recodifying” LD237, if that is what this is supposed to be. While at first glace it may appear that this recodified statute is the same or at least similar to LD237, there is at least one specific qualifier in this statute that does not appear in LD237 and is far more than a clarification of text or outdated language, etc.

The first sentence in subsection “B” above states: “Agents must be trained in the use of snares and must be deployed in the unorganized townships to control coyotes during the winter months. (emphasis added).

In my opinion, this far exceeds what should be considered “recodification” of existing laws. Nowhere in LD237 did it state that snaring can only take place in “unorganized townships” nor was it limited to the winter months.

Granted LD237 gave the authority to the commissioner to formulate a plan which may spell out precisely that snaring will be in unorganized townships and in winter only. However, that was not necessarily the desire of LD237 nor was it even implied, nor is it the point of this article. If the Maine Legislature had intended to ensure that snaring was only going to take place in unorganized townships during the winter, then the bill would have stated such. Whoever rewrote this took the liberty to add in language that didn’t exist in LD237.

The question should become, who authorized or took in upon themselves to rewrite the laws of the state of Maine? Unless the laws in Maine that govern the recodification process are so lenient as to provide for such action, one must be left questioning whether this in an illegal action that needs some serious attention.

It should matter not whether one thinks snaring should or shouldn’t be used. It matters not whether snaring, if used, were to be relegated to unorganized townships. It matters not whether snaring should take place in winter or summer. What should matter is whether or not the recodification process in Maine results in the rewriting of laws enacted by the people of Maine? This cannot be. There has to be some kind of better oversight here, otherwise what confidence do any of us have that every 10 years our laws will get changed and we know nothing about it.

Did the process fail the people or was the failure a result of the process, which includes certain checks and balances or lack thereof? The Maine Supreme Court, via the constitution, is responsible for this undertaking. Were there all the necessary checks and balances done here to ensure no rewriting would take place.

The recoded laws, done by whom I am not sure, then went to the Joint Committee on Inland Fisheries and Wildlife. Did they read the entire revised statutes or give it a cursory nod that it must be alright? Was there a failure to perform according to the wishes of the people of Maine?

And then it went on to the Legislature in which there was no debate recorded. This should tell us nothing was read and obviously no questions asked. It all appears like a very easy and convenient way to make changes and rewrite existing laws for which most people will never be informed about until one day it might effect them personally.

While recodification may be a great idea and may help in the process of reading, understanding and applying laws, if laws are being rewritten, whether intentional or not, whether allowed by law or not, it can’t be. Something must change. This is a faulty process to say the least.

In my mind, I am left with three very important and unanswered questions:

1. Was it someone’s intent through recodification of the MDIFW statutes to actually alter the existing laws that govern snaring or was it ignorance, lack of proper skills and poor workmanship?

2. Was the omission of Maine Statute 10105 on the application for an Incidental Take Permit from USFWS an error, oversight or was it intentionally left off in order to deliberately deceive anyone reading the application?

3. And during the recodification process was it also intended to NOT make reference to Maine Statute 10105, subsection 3 when the recodification of Maine Statute 12252 was carried out?

Answers to these questions will never come about as there is no way to prove a person’s intent. I feel it is my duty and responsibility to share what I have learned and to ask questions that many of us will also be asking.

If, however, there is intent here somewhere to deliberately mislead the people of Maine through, 1). Using recodification as a tool to rewrite Maine’s laws, and/or 2). intentionally deceive the USFWS in order to achieve an ITP, then I shall have nothing to do with that. Other than exposing what I know, there is no way that I will become partner to any unethical, illegal or deceitful acts in order to obtain an objective that I feel is important.

I hope my efforts have helped some to come to better understand where we are as it pertains to snaring and trapping and its associations with Canada lynx.

Tom Remington

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Obama Administration’s Attempt to Define “Significant Portion of it’s Range”

Let me say right off the top in order that some may not want to waste their time seeking truth, that I believe very strongly that the Endangered Species Act of 1973 (ESA)(Act) is unconstitutional. It is such because it does not stand up against the authority of the Constitution in which a statute cannot, in and of itself, be a violation of the Constitution. It also does not mean that I oppose species protection. The majority of people in this country don’t care nor are they free to undertake independent thought to learn about the truth. Most every, if not all, laws on our books are nothing more than tools to extract power from the people and put it into the hands of government. I pray for your epiphany for truth.

However, simply because I believe the Act is criminal, doesn’t dismiss me from exposing the further fraud behind the ESA and now the attempts by Congress and the Obama Administration to “fix” it.

As I have written about recently, the U.S. House Committee on Natural Resources has begun a series of hearings to examine the Endangered Species Act, (ESA) in hopes of determining: “How litigation is costing jobs and impeding true recovery efforts.” With the Committee using that description of the intent of their hearings, should we hold out any hope that any efforts will be directed at amending or, as some are asking, repealing of the ESA? Not likely.

But this has not stopped the Obama Administration of getting into the ESA fray. After all, we do have an election coming up and doing and saying anything to steal a vote is chichi these days in Washington. The “Services”, collectively the Department of Interior, the Fish and Wildlife Service, Department of Commerce and the National Oceanic and Atmospheric Administration, have gone all out to help Americans define the simple phrase, “significant portion of its range”.

That phrase is used extremely sparingly in the ESA and it pertains, at least in my mind and after reading Obama’s proposal I question if the “Services” have any mind, to criteria used to determine when and if a species might be considered for federal protection under the ESA.

Either I’m not fully enlightened or am too honest, but I happen to think that “significant portion” would mean a big or perhaps as much as a majority or more of something, especially when used in the context of a word that describes size, i.e. “portion”. Evidently I’m wrong, according to the “Services” Draft Policy to define “significant portion of its range”.

There is a reason that Congress and the President, beyond the usual politics, are taking a look, finally, at the ESA. It’s badly broken. In its day, it was intended, we were told, to provide a means in which government regulation could prevent the needless destruction of plant and animal species. Perhaps because the bill was signed into law by President Richard Nixon, who was embroiled in the Watergate scandal, set the stage for a bill designed to fail. And fail it has.

The Act has done little to save species and a lot to put a lot of money into the bank accounts of environmentalists, stifling job growth and stripping Americans of their rights to life, liberty and the pursuit of happiness.

If you and I can get beyond arguing whether the ESA is worth anything and discover that it’s not, then surely we can begin to see the efforts of Congress to examine portions of the ESA and President Obama’s administration to define words in the Act as laughable.

Regardless of whether President Obama thinks he can define “significant”, it is NOT going to do anything to change the problems with the ESA. Among the massive issues that makes the ESA look like a falling down old barn, is the lack of specific information in the administration of this bill. This leaves the door open to giving the Secretary of Interior too much discretion, flexibility and deference as it pertains to interpretive policy, and it has led to a myriad of court rulings in which judges have taken it upon themselves to interpret the ESA in any fashion they can.

One of the downsides to the judicial branches of our government is that every time there is a court ruling the words created in that ruling become case law and at least to some degree becomes precedent in future court cases, regardless of the truth or accuracy of what is written.

So what I can say right from the beginning that what the “Services” are attempting to do in defining “significant portion of its range”, is to hand select from existing statutes, case histories and case law, some or all which are seriously flawed, combined with their own interpretations of what they think the intention of the legislators were in writing the Endangered Species Act.

What on earth could go wrong?

Remember back in 1998?, when then President Bill Clinton was answering questions before a grand jury about his involvement with Monica Lewinsky? He was asked if there was anything going on between him and Miss Lewinsky. Bill Clinton responded to the jury:

“It depends on what the meaning of the word ‘is’ is. If the–if he–if ‘is’ means is and never has been, that is not–that is one thing. If it means there is none, that was a completely true statement….Now, if someone had asked me on that day, are you having any kind of sexual relations with Ms. Lewinsky, that is, asked me a question in the present tense, I would have said no. And it would have been completely true.”

This kind of jibber-jabber spin is endemic among politicians and governmental agencies. That’s why we all hate them so. Obama’s “Services” people don’t go quite to that extreme in their attempts to define “significant portion of its range”, but read what they did say.

This Draft Policy took approximately 20 or more pages to conclude using the various resources and criteria I have already described above to determine that “significant portion of its range” in its entirely, together, as a whole, means:

provides an independent basis for listing and protecting the entire species

In other words, this is pretty much what we have all become subjected to over the past near 40 years. Some too highly paid, well indoctrinated person(s) at the U.S. Fish and Wildlife Service (USFWS) made a determination that a particular species was in trouble and was in trouble over a “significant portion of its range” and therefore was declared “endangered” and the “range” essentially became critical habitat.

But the “Services” have determined that it depends on what the meaning of significant is as to whether or not significant actually becomes significant.

This draft policy includes the following definition of “significant” as it relates to SPR [significant portion of its range]: a portion is “significant” in the context of the Act’s “significant portion of its range” phrase if its contribution to the viability of the species is so important that, without that portion, the species would be in danger of extinction.

Significant, used as an adjective, which if my English 101 is correct, is defined in most dictionaries as:

1. important; of consequence.
2. having or expressing a meaning; indicative; suggestive: a significant wink.
3. Statistics . of or pertaining to observations that are unlikely to occur by chance and that therefore indicate a systematic cause.

If “significant” is used as an adjective to describe portion, and portion in this context relates to a physical area or size of land, i.e. range, then wouldn’t significant portion suggest what is being talked about here is geographical scope of the range of a species?

The “Services” concluded that the choice of definition for “significant” is “important”. Therefore, it’s not the size of the portion of the range but the importance of the portion of the range they have decided to use.

I could go on with such foolishness but it’s more important to provide focus on what’s the bottom line. The bottom line here is that not only will Obama’s Draft Policy not only not help anything as it pertains to the ESA but will in fact make matters even worse.

Nothing in this policy limits the discretion and authority of the “Secretary” to implement and make definitions and rulings as he/she deems “scientific” and necessary for the administration of the ESA. Not only that, but this policy seriously places into the hands of the government, greater authority to not only create “portions of its range”, in other words, the Secretary can declare a species endangered and establish all the “critical habitat” he wants. He will still have power to create Distinct Population Segments. However, this new policy will allow the Secretary, through a series of predetermined “thresholds”; a measure of how important it is to protect one small area where a certain species may exist in order to save the entire species globally, create millions of tiny DPSs that the “Services” have said they don’t want to do.

Try to paint a picture in your mind of what this might look like. Haul out a map of the U.S. and it is peppered with 6,537,129 little dots where the Secretary has created a “significant” “significant portion of its range”. And that “significant” range happens to be the 350-acre ranch your trying to eke out a living on. I think this is significant.

Oh, that won’t happen! You all say. Won’t it? If not, then why is this included in the Draft Policy?

Therefore, if a species is determined to be endangered in an SPR, under this draft policy, the
species would be listed as endangered throughout all of its range, even in situations where the facts simultaneously support a determination that the species is threatened throughout all of its range. However, we recognize that this approach may raise concerns that the Services will be applying a higher level of protection where a lesser level of protection might arguably fit if viewed across a species’ range. The Services are particularly interested in public comments on this issue.

I am sure that how I see this Draft Policy and how others may see it will be worlds apart. For those who have faith and confidence in government and believe the ESA is a viable statute that actually protects species, while preserving the rights of Americans, you may think this attempt at defining “significant portion of its range” is a good thing. I do not!

I see it as further pushing the ESA bus over the cliff. It defines nothing. It only serves to foist even more autocratic power into the hands of government, particularly that of the Secretary of Interior. And, gives authority to the Secretary to amass hundreds upon thousands of SRPs (Significan Range Portions) and DPSs (Distinct Population Segments) all over the country.

One can think of instances where this authority and application may be practical but you shouldn’t think it actually will. One example might be the instance in Wyoming, where the state, in working with the Feds, has come up with a SRP of sorts that provides protections for the gray wolf in one zone, while at the same time the rest of the state isn’t burdened under the same ball and chain of ESA protection. But when you consider the amount of abuse that will come from this authority, it becomes a more effective fire starter than an extinguisher. There are so many catch words and phrases in this Draft that one would be foolish to think it’s intended for anything of value to the people.

While I am not expecting anything productive to come out of the Committee hearings in Washington, I will write them and tell them that they need to derail this Draft Policy and actually get down to meat and potato changes or consider complete repeal of the ESA.

If you would like to take the time to read Obama’s Draft Policy, you can read it at this link. In addition, at the end of the Policy proposal, you’ll find specific questions the “Services” are seeking comments on and how you can submit comments about this policy. Comments will be opened for 60 days after the official posting of the Draft to the Federal Register.

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