Chattanooga Times Free Press

Conservati­on group says snail darter no longer needs federal protection

- BY MARK PACE STAFF WRITER

A conservati­on group has recommende­d a small fish that made big headlines in the 1970s be removed from the threatened and endangered species list now that the group believes it has fully recovered and is no longer in danger of extinction.

The Center for Biological Diversity petitioned the U.S. Fish and Wildlife Service on Tuesday to lift Endangered Species Act protection from snail darters — a species of fish not much longer than a golf tee that was discovered in the early 1970s in the Little Tennessee River. The fish is no longer in danger of extinction thanks to the efforts of citizens and government­al groups, according to a release from the center.

“The Endangered Species Act’s strength is that decisions are based on the best available science, and science now shows that the snail darter is recovered and a conservati­on success,” Tierra Curry, a senior scientist at the center, said via a release.

“The snail darter’s not alone, as 85 percent of plants and animals protected by this critical law are on the road to recovery.”

The news came as a surprise to the fish and wildlife service, which will now consult with its biologists to see if it should move forward with removing the fish.

“The U.S. Fish and Wildlife Service has been working with our partners for years to conserve the snail darter, the same type of work we undertake with many other species. As with all such petitions we receive, we will review the informatio­n provided in this petition and consider it carefully, consistent with the Endangered Species Act,” reads a statement from U.S. Fish and Wildlife Service spokesman Philip Kloer.

The 3-inch-long fish became the center of a national debate between conservati­on and water management. Citizens worked to stop the constructi­on of Tellico Dam in Loudon County, arguing its constructi­on would decimate the small remaining snail darter population. The fish would be listed on the newly-formed Endangered Species Act, and conservati­onists appealed to Tennessee Valley Authority to halt constructi­on.

It marked a change in philosophy for many about dam constructi­on. Opponents pointed to the vast change the dam caused to the darter’s ecosystem. The slower moving water and changes in oxygen levels would kill the fish. Opponents also wanted to protect area farms and Cherokee land from flooding the dam would cause while Tennessee Valley Authority believed the dam was needed for flood control, power generation and other needs.

The saga resulted in the U.S. Supreme Court case Tennessee Valley Authority vs. Hill — named for then-law student and now long-time Chattanoog­a attorney Hank Hill.

Hill, Zygmunt Plater — who wrote the citizens’ petition to save the darter — and supporters ultimately won the case as the Supreme Court cited the newly-formed Endangered Species Act.

Congress later exempted the Tellico Dam from compliance — amending the Endangered Species Act — as work on the dam had begun before the passing of the Endangered Species Act.

Biologists moved the fish into other rivers in the region, and its population has grown through Tennessee, Alabama, Georgia and Mississipp­i.

“The recovery of the snail darter marks another success for the Endangered Species Act, and it’s a prod to the Tennessee Valley Authority to continue to strive to improve its dam operations or to even consider dam removal to restore the magnificen­t flowing waters of the Southeast,” said Jim Williams, the former Fish and Wildlife Service biologist who wrote the original rule protecting the snail darter.

Williams and Plater are the authors of the petition to remove the snail darter from the endangered species list.

“After 40 years of intensive good faith official and lay efforts in mitigation of the loss of the major natural population of the darter in the Little Tennessee River, the sustainabl­e health of the darter’s population­s in diverse locations allows us now to declare a victory for the [Endangered Species Act],” the 15-page petition reads.

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