Gnatcatcher Restricts Property Rights

Twenty years ago, biologist Jonathan L. Atwood produced a study identifying the California gnatcatcher as a distinct subspecies. As a result, the U.S. Fish and Wildlife Service (FWS) classified the blue-gray bird as "threatened" and restricted use of 200,000 acres of private land for gnatcatcher protection.



California gnatcatcher
In 2000, biologist Atwood conducted another study of California gnatcatchers and "concluded that his previous findings were wrong."

“California gnatcatchers are not genetically distinct from populations in Baja California, which are dense and continuously distributed throughout” the Mexican peninsula, the study said.

Consequently, the Fish and Wildlife Service was petitioned to delist the California gnatcatcher as "threatened" since thriving populations do exist and the initial research was flawed.

Inexplicably, this week the Fish and Wildlife Service "ruled that there is an inadequate scientific basis to remove the bird from the special protection it now enjoys under the federal Endangered Species Act."

In conclusion, a biologist reports finding a rare and unique bird and the government acts to restrict private property rights to protect the bird.

Later, the biologist says, "Oops! I'm mistaken. There's no need to protect the bird." The FWS effectively responds, "Not so fast, Bucko. We put it on our list and it's not coming off."

Note that the FWS has estimated its land-use restrictions on behalf of the California gnatcatcher will cost $900 million in lost economic development and job creation over the next 14 years.