Reauthorization of the federal Endangered Species Act of 1973 has recently received considerable attention. Yet, many endangered species conflicts develop from state endangered species laws.

One of the questions asked under the New York State Environmental Quality Review Act is whether "endangered or threatened" species occur on the site. Often this question is answered with no factual information. The lack of a survey by a trained biologist could be a major misstep if there is opposition to a project.

The suitability of a site for rare species is not always obvious. For example, the northern harrier (Circus cyaneus), a bird listed as threatened in New York, nests in what might be considered by the layman to be an "ordinary looking" open field. However, the nesting habitat for this bird is very specific. TES has conducted numerous harrier surveys throughout New York. In one case, staff biologists located nesting harriers on a very large site. By carefully working with the project engineer and the NYS DEC, a plan was developed to redesign the site layout, leave the nest area undisturbed, and retain a hedgerow as a buffer and visual screen for the birds. The project was completed and harriers continue to nest and forage on this site.

In another situation involving a site in Central New York, twinleaf (Jeffersonia diphylla), a rare plant, was located during an initial site survey. The subdivision layout was subsequently designed to avoid the area of the site where twinleaf was found.

Conflicts between development and rare species are not restricted to New York. In the New Jersey Pine Barrens, a large number of plant and animal species are listed as state endangered or threatened. TES biologists have worked on numerous projects in the Pine Barrens since 1978 and have often assisted our clients with endangered species issues. TES biologists are currently developing a habitat model for a snake species listed as threatened in New Jersey. The model uses specific habitat characteristics to determine the potential suitability of a particular area as habitat for this species.

It is important to keep in mind that rare species usually occur in rare habitats. Thus, developers should rarely have a conflict with the laws and regulations that protect such species. If a conflict does arise, TES can help work out a solution.