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Endangered Species Act

Endangered Species Act. 2005 Legislative Action. House of Representatives. On Sept. 29, 2005 the House passed H.R. 3824: Threatened and Endangered Species Recovery Act of 2005 Recorded vote: 229-193 http://resourcescommittee.house.gov/. House of Representatives.

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Endangered Species Act

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  1. Endangered Species Act 2005 Legislative Action

  2. House of Representatives • On Sept. 29, 2005 the House passed H.R. 3824: Threatened and Endangered Species Recovery Act of 2005Recorded vote: 229-193 • http://resourcescommittee.house.gov/

  3. House of Representatives • Statement of Administration Policy:http://www.whitehouse.gov/omb/legislative/sap/109-1/index-number.html • Supportive: • Focus on recovery • Improved cooperation & consultation • Focus on partnerships with landowners • Concerns: • Recovery planning deadlines • Recovery agreements (mandatory compensation payments) • Private landowner foregone uses (Mandatory compensation payments)

  4. Senate • Fisheries, Wildlife and Water Subcommittee activity in 2005, 3 Hearings Conducted: • Sept 21, 2005: ESA and Roles of State, Tribes and Local Governments • July 13, 2005: ESA and Incentives for Private Landowners • May 19, 2005: Oversight on the ESA • Senators Chafee, Clinton, Inhofe, Jeffords, Crapo, and Lincoln commissioned a workgroup:Keystone Center for Science and Public Policy workgroup on ESA

  5. Threatened and Endangered Species Recovery Act of 2005 • Definitions: Best Available Scientific Data • Requires issuing regulations that establish criteria to determine which data constitute the best available scientific data The regs. would need to assure: • Compliance w/ Information Quality Act; and • Data consist of empirical data; or • Data are found in sources subject to peer review by qualified individuals recommended by the National Academy of Sciences Applies to: • Listing Determinations • Consultations (Biological Assessments) • Recovery Planning • HCPs (Changed Circumstances)

  6. Threatened and Endangered Species Recovery Act of 2005 • Listing determinations: • No other significant changes except for the new requirement to prepare analysis of: • Economic impact and benefit • Impact and benefit on national security • Other relevant impact and benefits

  7. Threatened and Endangered Species Recovery Act of 2005 • Repeals all Critical Habitat determinations and requirements

  8. Threatened and Endangered Species Recovery Act of 2005 • Recovery Plans • Identify “areas of special value” – in the interim, Critical Habitat designations are considered to be areas of special value for recovery • Must be published within 2 years of the listing • To the extent a recovery plan covers more than one state, delisting/downlisting criteria must be identified on a state-by-state basis • Voluntary recovery agreements for landowners

  9. Threatened and Endangered Species Recovery Act of 2005 • Section 7 Consultation • The jeopardy analysis conducted under Section 7(a)(2) is limited to considering only the effect of any agency actions that are distinct from a baseline of all effects upon the species that have occurred or are occurring prior to the action

  10. Threatened and Endangered Species Recovery Act of 2005 • Exemptions • Terminates the Endangered Species Committee Process • Exempts officially declared disaster areas • Exempts operators of water storage reservoirs, water diversion structures, canals or other artificial water delivery facilities from take of aquatic species resulting from effects of recreational fishing programs managed by state agencies

  11. Threatened and Endangered Species Recovery Act of 2005 • Exemptions (cont.) • Exempts pesticides that comply with the Federal Insecticide, Fungicide, and Rodenticide Act until……further effects analyses are completed under FWS/NOAA-Fisheries counterpart regs. with EPA, or five years from enactment of this Act, whichever occurs first

  12. Threatened and Endangered Species Recovery Act of 2005 • Private Landowner Exemptions and Compensation • Property owners may request a determination from the Secretary as to whether a proposed use of the owner’s property will comply with ESA • A written determination from DOI/FWS must be provided within 180 days, and failure to issue the determination within the required window deems the proposed use in compliance with ESA • For actions that are determined to not comply with ESA-- DOI must provide financial compensation • The amount of the compensation is based on the fair market value of the forgone use of the affected portion of the property

  13. Threatened and Endangered Species Recovery Act of 2005 • Habitat Conservation Plans (HCP) • Codifies “No Surprises” policy and other aspects of current regs. and practices • Provides that an incidental take permit may be revoked due to changed circumstances only if the continued activity would appreciably reduce the likelihood of survival and recovery of the species in the wild (jeopardy standard)

  14. Threatened and Endangered Species Recovery Act of 2005 • Other • Section 21: Consolidation of Programs: Transfers all ESA functions currently in Department of Commerce to the Secretary of the Interior • Section 24: Requires Secretary of Interior to survey all BLM and Forest Service lands to assess value of those lands for management for the recovery of listed species and for addition to the National Wildlife Refuge System

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