H.R. 5705
would amend the ESA to restrict the Secretary's ability to alter permits.
would amend the ESA to restrict the Secretary's ability to alter permits.
would amend the ESA to require publication on the Internet of the basis for determinations that species are endangered species or threatened species.
The Endangered Species Act defines an endangered species as one at risk of extinction “throughout all or a significant portion of its range.” The U.S. Department of the Interior (DOI) has repeatedly defined “significant portion” to mean an area of the range essential to species persistence. This definition is redundant, and various iterations of the definition have been struck down in the past. At the same time, other proposals to list a species only in a portion of its range fail to satisfy the statutory requirements. This Article proposes to define “significant portion of its range” so as to allow DOI to list a species as endangered throughout its entire range based only on the risk of extinction in a portion of its range. The Article also provides a framework for understanding how past policies have failed.
would amend the ESA to prevent a species that is not native to the United States from being listed as an endangered species or a threatened species and prohibit certain types of financial assistance.
would provide for greater county and state consultation with regard to petitions under the ESA.
would amend the ESA to add requirements to the designation of areas as critical habitats.
would amend the ESA to provide for consideration of the totality of conservation measures in determining the impact of proposed federal agency action.
would amend the ESA to require review of the economic cost of adding a species to the list of endangered species or threatened species.
would amend the ESA to provide for improved precision in the listing, delisting, and downlisting of endangered species and potentially endangered species.
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