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<br />, ; <br /> <br />OfJ2293 <br /> <br />. <br /> <br />. <br /> <br />,\ <br /> <br />UNIVERSITY OF COLORADO <br />NATIJRAL RESOURCES LAW CENTER <br /> <br />"Hot Topics at the Firehouse" Series <br />March 11, 1991 <br /> <br />The Endangered Species Act <br /> <br />An Overview of the Law <br /> <br />1. Purpose - Section 2(b): to "provide a means whereby the ecosystems upon which <br />endangered species and threatened species depend may be conserved, to provide a program <br />for the conservation of such . . . species.' <br /> <br />II. "Listing" under the ESA <br /> <br />A. Definition <br />1. Listing is the formal action of the Secretary of the Interior designating a <br />species of animal or plant as "endangered" ("any species . . . in danger of <br />extinction throughout all or a significant portion of its range. . . ," 16 USC <br />~1532(6)); or "threatened" C. . . any species . . . likely to become an <br />endangered species within the foreseeable future throughout all or a <br />significant portion of its range," 16 U.S.C H532(20)). <br />2. A listed species falls under the protection of the Endangered Species Act <br />provisions described below. <br /> <br />B. Procedure <br />1. The Secretary of Interior has exclusive authority to list a species (delegated <br />to the U.S. Fish & Wildlife Service (FWS)), except that certain species are <br />under the Secretary of Commerce. <br />2. Any interested person may submit a petition to list a species under 5 U.S.C <br />~553( c). <br />3. Secretary then has 90 days to determine whether petition presents "scientific <br />or commercial information indicating that the petitioned action may be <br />warranted." 16 U.S.C ~1533(b)(3)(A). <br />4. If so, Secretary must determine within 12 months whether to propose the <br />listing, Id. ~1533(b)(3)(B), <br />and can only decline to propose listing if he publishes a written finding or <br />states that he lacks the resources to proceed immediately. <br />5. After deciding to list, the Secretary must: <br />a. publish notice in the Federal Register; <br />b. give actual notice to state/local governments; <br />c. publish proposal summary in local newspaper; <br />d. hold public hearing if requested. <br />6. Final listing decision must be made "solely on the basis of the best scientific <br />and commercial data available to him." 16 U.S.C ~1533(b)(I)(A). <br />7. If Secretary finds a significant threat to the well-being of any species, he can <br />issue emergency regulations listing the species; these are effective for 240 <br />days. <br />