Repeal Endangered Species Act
 
 
 
(Note: Please consider this fact -- both times the text of the "ESA Reform" bill was "leaked," the ONLY place it was located on the Internet was at the Center for Biological Diversity's website (which is not a government website). CBD has filed countless lawsuits, ostensibly "on behalf of" various and sundry "endangered species." CBD founder, Kieran Suckling, tells the world how awful it is that cows poop in streams and continues to ignore the FACT that the bodily functions of all animals -- including all wild animals, endangered or not -- are released when "nature calls," whether mid-stream or not. Please think about the fact that CBD has had the bill text published on its website before any other location on the Internet, including the Pombo Committee site. Please ask yourself why this is so. Please ask Pombo's office staff, too. Please think about the fact that this bill has "strong bipartisan support," understanding that special interest groups, Wildlands Project implementers, etc. often call the shots when Congress critters make moves. Please think about all this and then visit PropertyRightsResearch.org and click on the ESA and Wildlands Project buttons. H.R. 2834, which you may now read here: http://resourcescommittee.house.gov/issues/more/esa/TESRA/hr3824.pdf is not property rights friendly. It is the reauthorization of the ESA and uses Language Deception to make the reader think it is less harmful to America's property rights and gutted resource providers. Repeal -- complete and total -- of the ESA is the only good thing to do. Bob Fanning has hit the nail squarely on the head. It is my fervent hope that many, many others join him and me. Just look at who's co-sponsoring this: Pombo, Walden, Radanovich, Cubin, Gibbons, McMorris, Henry Brown, Graves, Cardoza, Berry, Ross, Baca, Bennie Thompson, and Costa)
 
 
 
September 1, 2005
 
 
 
By Robert T. Fanning, Jr. rtfanning@att.net
 
Pray, Montana
 
The Billings Outpost
 
Billings, Montana
 
866-311-6397 or 406-248-1616
 
Fax: 406-248-2414
 
 
To submit a Letter to the Editor: editor@billingsnews.com
 
No feudal nobleman would ever concede that the feudal system is obsolete.

Legal fees are awarded in more than 90 percent of litigation to environmental organizations when they “prevail” in their Endangered Species Act suits against the federal government. “Prevailing” can be a simple as the judge ordering more “studies.” These monies fleeced from the U.S. taxpayer are a source of funds that fund, motivate and inspire extremists who abuse and “milk” the Draconian “Endangered” Species Act for all it’s worth.

Jobs and job enticements are awarded to “former” federal employees who join, or plan to join, the extremists’ “environmental organizations” after “retirement” - and serve to ensure a formal system of bribery and corruption.

Misuse of sportsmen’s excise taxes to blackmail, bribe, extort and coerce state fish and game agencies destroys individual and states’ rights and ensures corruption at the state level.

Grants sought and “institutes” formed by academia ensure corruption and rubber-stamped, agenda-driven science from scientists whose minds and souls were purchased by extremist NGOs. Those scientists who don't “play ball” are blackballed and censored and marginalized.

Corrupted academicians are the “expert witnesses “ paraded before the courts and – with help from a like structured “major media” – the court of public opinion, to hoodwink America.

Rep. [Richard] Pombo [R-Calif.] will never “fix” the ESA with “reform.” All he is doing is preserving and perpetuating the same game for those who make a living exploiting it and wildlife.

The ESA is nothing more than the urban majority imposing its political will on the rural minority under the pretext of “rule of law.” The same scam was used by England on the people of Ireland in the genocides of 1650 and 1849.

Dr. Robert Taylor predicted on Jan. 11, 2000, before an audience of 600 attending the Predator Management Symposium in Billings, that the wolf program would end in violent human bloodshed.

Dr. Taylor has witnessed and fought the systematic and premeditated destruction of America by the ESA since the spotted owl scam targeted the logging industry a quarter-century ago.

A super majority of the Montana Legislature voted that wolf recovery is run by “law breakers” and asks for federal emergency disaster relief for communities destroyed by wolf introduction and the ESA.

Rep. Pombo’s “ESA reform” guarantees that Dr. Taylor will see his prophecy come true. The blood will be on the “reformers’” hands. Oliver Cromwell was a “reformer” too.

Complete REPEAL of the unconstitutional ESA is the only solution

 
 
 
 
Very Important Comments (highly recommended reading):
 
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Rachel Thomas badger04@earthlink.net edited comment (apparently dated September 20, 2005):
 
....as you know, the ESA bill was finally made available to us yesterday -- all 73 pages. It was made available [at] about 10 AM and they wanted everyone to throw support behind the bill that day, before anyone had time to read and analyze the total bill.
 
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September 21, 2005, Leo Schwartz vlrc@ntelos.net comments:
 
I don't want to appear to throw cold water on anyone's efforts, but I am still very suspicious about what Mr. Pombo is doing and what will finally come out of this. You are absolutely correct -- this is all too fast and rushed with not enough time to consider and analyze the current proposal. I hope we have not been victims of "good cop, bad cop" tactics. Considering the recent near-betrayal, I don't trust Mr. Pombo to fight for us when the compromising starts in Congress. Even if I am wrong on this point -- and I hope my concerns are unjustified -- once it is out of his hands there will be a loss of control.
 
After all the years of tyranny under this un-Constitutional Act, my initial reaction is there is no justification to push through a bill [that] does not totally protect private land from federal action. I may be seen as being ungrateful, but [I] keep coming back to the same point: binding down our elected representatives with the chains of the Constitution and their Oaths of Office.
 
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September 21, 2005, update from Bob Fanning rtfanning@att.net, regarding signing the Property Rights First [ESA] Letter:
 
As a kid I learned that half of taking tests had to do with the knowledge you had and the other half had to do with knowing how to take a test. I learned early that "your first instinct is the correct answer." The fact of the matter is that we have incrementally been herded into a camp by herders that will point to the fact that we have compromised and come to "consensus," thus lending validity to their position -- and eradicating, dismissing and marginalizing our arguments as being those of an "extremist lunatic fringe." With the recent Supreme Court ruling regarding eminent domain, combined with the new improved/legitimized version of the ESA, my view of the future of America is black. I would much rather be remembered as being someone who fought this Alamo to its conclusion screaming for the repeal of the Draconian and un-constitutional ESA that we can prove in public hearings is the vehicle for green Fascism. By signing on to this new version of oppression we are validating it and agreeing to live under it without a fight. Once it is crammed down the public's throat, it will be "rule of law." Bankruptcy lawyers call it a "cram down plan." The 3rd circuit court outlawed "cram down plans" in the Combustion Engineering case http://www.paed.uscourts.gov/documents/opinions/05D0236P.pdf (pages 1 and 40) Congress, in consort with the greens, are using this "cram down plan" on those who dissent to muzzle us forever. The victims in both Combustion Engineering and with the "reformed ESA" are the "future claimants." I only know about the ESA as it pertains to wolves being used as a bio-weapon against our fellow American citizens. I guarantee that very soon the fight will lead to civil disobedience and bloodshed. The repulsive thing of this is that our side of the issue never got a day in court or a chance to be heard. Standing rigid and non negotiable is how the other side got the power it has. Why is it so tough to understand for those who have lost so much and have so much to lose in the future?
 
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September 21, 2005, edited comments from studied ESA expert Helen Franklin PacificTimber@aol.com:
 
I studied the Endangered Species Act for years and wrote papers, blogs and articles in hopes that one day the Act would be repealed -- or that others could more effectively fight it. 
 
Who had access to the proposed changes and why was the document held in secret? I got better information from the Center for Biological Diversity, and I knew I could trust them, because they read.
 
Pombo received plenty of material from us over the last few years ... 
 
[T]hese would have been my recommendations:
 
The ESA applies only to federal lands, unless you're in the federal nexus. "Federal authorization" is what puts private landowners in the federal nexus.
 
Remove all federal authorization from the Act entirely and private lands are protected, plain and simple. 
 
It's a very bad idea to include State Governors in Section 6(c). Doing so would remove all powers from the State legislatures. There is nothing wrong with Sec. 6(c); it should be left as originally written. The thing that's wrong with 6(c) is that the Secretary of the Interior has been out of compliance. Shorten all dates for agency compliance, and if the work isn't done, the species in question should not be listed. 
 
The ESA was subject to NEPA until one listing was NEPA challenged in the early 1980s. Shortly thereafter, all federal agencies wrote themselves a policy statement that NEPA was no longer necessary. NEPA really gets us nothing but more process. Yes, we get to comment on the Social Assessments listed in 40 CFR 1508, but I've yet to see it considered -- or that it would matter at any level of significance.  
 
Critical Habitat Designation needed to be gone. It's a good change. 
 
Local governments already have the option of requesting to be included in the federal process (not that it has ever made a difference).
 
Tribes are in the federal nexus. They wanted to be there. No special language should be written into the Act for them.
 
Another simple change would have been to define the word "take" to mean kill, and kill only.

The U.S. Army Corps of Engineers' interpretation of the Migratory Bird Act has had greater adverse effect on the use of private property than the ESA.  
 
I read the panic responses from the so-called protectors of private property... 
 
It doesn't help us when those who read the least end up writing the most. and harder to believe they get as much attention as they do.
 
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September 21, 2005, Julie Kay Smithson propertyrights@earthlink.net comments:
 
Regarding "Pombo bill would rip the heart out of the Endangered Species Act:"
 
Both the Center for Biological Diversity (CBD) and "Defenders" [Defenders of Wildlife] are setting up a smokescreen. There's nothing they want more than for this bill to pass. CBD may have even written part or all of the darned thing. This is all a ruse, this whining -- but notice how much major muzzled media press it's getting. That ought to run up a whole raft of Red Flags! Think of Brer Rabbitt saying, "Put me anywhere but in the briar patch" -- when that's Exactly where he wanted to go! We got a late start, but are learning quickly about Language Deception, as per the below URLs.
 
 
 
Mr. Pombo has alienated his own local Tracy, California, constituents for years (and redistricting/redrawing of political boundary lines) saved him from the wrath of those few left with farms in an area that now has:
 
1. Pombo farms, owned either by his family or friends.
 
2. Housing/development.
 
3. Parks -- virtually all the former farms (read, competition) have been swallowed by Parks.
 
So, suspicions and not gratitude swirling 'round Pombo are not only justified, they are valid.
 
An elected official can champion property rights -- so long as they are his and his family's/friends' and not care about those of others. He is likable and disarming, but so are many people involved in implementing The Wildlands Project.
 
I did not sign the ESA letter because I did not agree with it, especially the part about reform.
 
I composed my own and sent it.
 
I cannot, and will not, support this bill http://resourcescommittee.house.gov/issues/more/esa/TESRA/hr3824.pdf because it is still reauthorizing the ESA, albeit in a slightly different form. Now there is copious language that mentions:
 
Endangered species (73 times)
 
Threatened species (72 times)
 
Candidate species (20 times)
 
Monitor species (2 times)
 
The Plan (10 times)
 
and if all that doesn't raise any Red Flags -- are any of you wondering how powerful a control tool "candidate species" are? -- the Secretary (that is the Secretary of the Department of Interior, and APPOINTED, not elected, position -- anyone remember Bruce Babbitt and all the swaths of "critical Babbittat" and "national monuments"? not to mention the "current Secretary" and her global "4 C's" program, which is NOT GOOD FOR PEOPLE) is mentioned a hefty 136 times!
 
Anything with as much "bipartisan support" as this and being shoved at us for "instant support" must held be suspect.
 
Dissect this bill, strictly in terms of Language Deception, and then look at it and see how much is left that is beneficial to private property.
 
I have, and it's not much.
 
For many months I have heard much about repeal versus "reform and strengthen" when referring to this legalese.
 
What has happened to those who were so stridently in favor of repeal?
 
Now many of them are caving in and suggesting that we should "try to find things we can live with."
 
Hey, folks! We were told in 1999 that no one could -- and no one ever had -- defeated USFWS when it decided to "study" for a proposed "wildlife refuge."
 
Guess what? We don't have one here, and we didn't use the recommended "hire an attorney" route. We did what was heretofore unthinkable: we relied on getting our story -- the truth about us -- out and the power of public outcry.
 
With FOX NEWS doing "Vanishing Freedom: Who Owns America" -- a four-segment one-hour story similar to 60 Minutes and featuring the Darby as one segment, we got support from all over America and Canada. We won!
 
Now we're being told that "we" "can't" repeal this property rights and resource provider decimating Medusa.
 
Where are the backbones? We need them NOW!
 
We CAN -- and we MUST -- repeal this!