A White Paper: Endangered Species Act of 1973

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X03- 273 - x-413 -=-C= =�h1 THE PROBLEMS (Continued) °_1 F11 , -IAR 31 93 :0:5 Implementation of Act frequently has been seized upon as a method of stopping land development and resource management and numerous commercial activities which affect natural resources, including denying housing, employment and social services to communities because of reduced tax revenues. The case of logging and the spotted owl amply illustrates this point. e The Act does not provide for management discretion to accomplish the goals of protecting the species. There is no provision to allow use of conservation or mitigation measures to achieve the purposes of the Act. The Act severely restricts access to the exemption process. The exemption process includes two sets of very stringent criteria, the first for determining the eligibility of an affected interest (federal agency, governor of an affected state, or applicant for federal permit or license) to apply for exemption; the second for the Endangered Species Committee to consider when determining whether to grant the requested exemption. • The Act does not provide for automatic public hearings on proposed regulations to implement its provisions and since listings and recovery plans and designation of critical habitat are two separate actions /regulations, the subjects of public hearings which may be held are only pieces of the whole. There is no provision for automatic public hearings of listings and recovery plans. Since a recovery plan and designation of critical habitat is not part of the listing process, hearings about a proposed listing do not include discussions of the impact of the listing. The Act says: "The Secretary shall promptly hold one public hearing on the proposed regulation if any person files a request for such a hearing within 45 days after the date of publication of general notice." CURRENT ISSUES e Proposed environmental legislation would make biodiversity a key part of federal land management policy. From From the Sh to the Spotlight Government a 1991 Reps. Gerry Studds, D -Mass, and James Scheuer, D -NY, have each introduced bills (HR 2082 and HR 585) that promote biodiversity. The Studds bill proposes that the federal government develop a strategy to guide agencies in their efforts to maintain viable populations of native plants and animals throughout their geographic range and to study ways of connecting the populations into larger units. Supporter David Wilcove of the Wilderness Society says, "Regulations covering environmental impact statements do not explicitly call for a consideration of biodiversity. " 9*2