Hearings to examine challenges and opportunities with implementing the Endangered Species Act

Public Lands and Energy MarkupsSenate Environment and Public Works Subcommittee on Fisheries, Water, and Wildlife · March 18, 2026 · 119th Congress
The Senate Environment and Public Works Subcommittee on Fisheries, Water, and Wildlife held this hearing to examine the challenges and opportunities in implementing the Endangered Species Act (ESA), including low species recovery rates, staffing and funding shortfalls at the U.S. Begins at ▶ 0:19:24
Transcript
Highlights

Title

Endangered Species Act implementation, recovery rates, and reform ideas

Purpose

The Senate Environment and Public Works Subcommittee on Fisheries, Water, and Wildlife held this hearing to examine the challenges and opportunities in implementing the Endangered Species Act (ESA), including low species recovery rates, staffing and funding shortfalls at the U.S. Fish and Wildlife Service, and proposals for state-federal collaboration. Chair Ricketts opened by highlighting Nebraska's ongoing wildfires before turning to the ESA's record, while Ranking Member Schiff and three witnesses discussed recovery statistics, staffing losses, and incentive-based reform ideas. Begins at▶ 0:19:24

Who spoke

• Chair Pete Ricketts (R-NE)▶ 0:19:24: Opened by discussing Nebraska's wildfires, which have burned over 750,000 acres▶ 0:19:58, then argued only 3-4% of listed species have recovered against a projected 300▶ 0:21:13, and pressed witnesses on using localized science and realistic environmental baselines▶ 0:48:53▶ 0:52:35 and on Platte River and Missouri River flow-management tradeoffs▶ 1:10:59▶ 1:13:47.

• Sen. Adam Schiff (D-CA), Ranking Member▶ 0:24:43: Noted the ESA passed the Senate 92-0 in 1973 and was signed by President Nixon▶ 0:25:15, said 99% of ever-listed species have avoided extinction▶ 0:25:45, and warned nearly 25% of Fish and Wildlife Service staff (about 530 people) have left since January 2025 amid a long-standing funding shortfall of roughly 3.5% of estimated need▶ 0:26:38▶ 0:27:09; later asked about gray wolf conflicts in California▶ 1:16:23 and AI-assisted permitting tools▶ 1:19:39.

• Tom Riley, Riley Consulting / former Nebraska DNR Director▶ 0:31:32: Described the Platte River Recovery Implementation Program's basin-wide, multi-decade structure through 2032▶ 0:33:43, argued new projects shouldn't bear the full weight of historical environmental baselines▶ 0:53:22, and said the Service sometimes disregards local scientific data, citing a Columbus, Nebraska power district case where a temperature rule contradicted the applicant's own study and later killed fish▶ 1:33:14▶ 1:34:37.

• Brian Yablonski, CEO, Property and Environment Research Center▶ 0:37:44: Called the ESA "a tale of two cities" — 99% of species persist but only about 3% have recovered, with PERC finding the Service missed 96% of its own 2023 recovery predictions▶ 0:38:42▶ 0:39:12; proposed rewarding incremental recovery with regulatory flexibility via the ESA's 4(d) rule▶ 0:40:36▶ 1:37:54 and described a "zombie listing" problem in grizzly bear delisting caused by merging population segments▶ 1:26:46.

• Jake Li, VP of Conservation Policy, Defenders of Wildlife▶ 0:43:10: Said the Service lost roughly 25% of its staff and 40% of its executive team in the past year, calling it a loss of "several centuries" of institutional knowledge▶ 0:44:37▶ 0:45:02; touted the IPaC online tool, which handles about a quarter of roughly 10,000 annual Section 7 consultations and has saved the equivalent of 37 full-time salaries▶ 1:20:03▶ 0:48:08; described a policy he signed allowing wind-energy companies to fund white-nose syndrome mitigation for bats▶ 1:03:34.

• Sen. Shelley Moore Capito (R-WV)▶ 0:59:31: Said ESA reviews have delayed West Virginia highway construction in the mountains for decades▶ 1:00:01, asked why states don't take on more management authority▶ 1:01:50, and questioned how to handle species like the northern long-eared bat that are dying from disease unrelated to habitat or development▶ 1:02:29.

• Sen. Sheldon Whitehouse (D-RI)▶ 1:05:56: Argued wildlife is being crowded off the planet by livestock biomass and pushed back on purely monetary framing of species value, illustrating with the red knot's migration to Delaware Bay▶ 1:06:27▶ 1:09:27; asked Li how successful the ESA has been at preventing extinction▶ 1:06:54.

• Sen. Cynthia Lummis (R-WY)▶ 1:30:25: Described "zombie listings," citing the grizzly bear's original 500-bear recovery target versus over 1,100 today▶ 1:30:50▶ 1:31:12; mentioned her bill S.315, the Grizzly Bear State Management Act▶ 1:31:43, and a proposal to rename the ESA the "Endangered Species Recovery Act"▶ 1:31:59; pressed on whether recovery-goal achievement should trigger automatic delisting▶ 1:35:53.

Key moments

• Ricketts said only 57 of over 100 listed species have been delisted, roughly 3% of all species ever listed, against an agency projection of 300 recoveries by now▶ 0:21:13.

• Schiff countered that 99% of species ever listed as endangered or threatened have avoided extinction under the ESA, calling it "a remarkable record"▶ 0:25:45.

• Schiff said almost 25% of Fish and Wildlife Service staff (about 530 people per the Center for Biological Diversity) have left since January 2025, and the agency historically receives only about 3.5% of the funding scientists say is needed for recovery▶ 0:26:38▶ 0:27:09.

• Yablonski cited PERC's analysis finding the Fish and Wildlife Service failed to recover 96% of species predicted to recover by 2023▶ 0:38:42.

• Li disclosed the agency lost 40% of its executive team, including himself, and described staff "trying to juggle 20 balls at once" even before the cuts▶ 0:44:09▶ 0:45:02.

• Riley described a Columbus, Nebraska case where the Service issued a biological opinion contradicting the applicant's own river-temperature science, and the resulting rule killed many fish the first time it was implemented▶ 1:33:37▶ 1:34:37.

• Yablonski explained that merging grizzly bear population segments in Montana led the Service to deny delisting despite both populations exceeding recovery targets (over 1,000 bears each), which he called being "penalized for too much success"▶ 1:26:46▶ 1:27:13.

• Lummis noted grizzly bears' original 1975 recovery target was 500 bears; the population now exceeds 1,100, yet bears remain listed and are linked to human deaths in Wyoming▶ 1:31:12▶ 1:31:12.

• Li said the IPaC online tool resolves many Section 7 consultation cases in about 15 minutes and has saved the equivalent of 37 full-time salaries annually▶ 1:20:26▶ 0:48:08.

• Yablonski described a private compensation fund model, pioneered by Defenders of Wildlife, to offset livestock losses from reintroduced gray wolves in Yellowstone▶ 1:17:21.

Metadata

CommitteeSenate Environment and Public Works Subcommittee on Fisheries, Water, and Wildlife
Chamber / CongressSenate · 119th Congress
DateMarch 18, 2026
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript221 caption blocks · 11,251 words · 1:41:58 runtime
EventCongress.gov 338064