The Endangered Species Act and the Roles of States, Tribes, and Local Governments: Hearing Before the Subcommittee on Fisheries, Wildlife, and Water of the Committee on Environment and Public Works, United States Senate, One Hundred Ninth Congress, First Session, September 21, 2005, Volume 4

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Page 72 - Each Federal agency shall, In consultation with and with the assistance of the Secretary (of the Interior], insure that any action authorized, funded, or carried out by such agency... Is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species which is determined by the Secretary. . .to be critical, unless such agency has been granted an exemption for such action...
Page 70 - ... (i) the specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of section 4 of this Act, on which are found those physical or biological features (I) essential to the conservation of the species...
Page 100 - States. Such cooperation shall include consultation with the States concerned before acquiring any land or water, or interest therein, for the purpose of conserving any endangered species or threatened species.
Page 55 - It should be noted that the successful development of an endangered species program will ultimately depend upon a good working arrangement between the Federal agencies, which have broad policy perspective and authority, and the State agencies, which have the physical facilities and the personnel to see that State and Federal endangered species policies are properly executed.
Page 73 - Act by carrying out conservation programs for listed species and their habitats, and 2) insure that any action authorized, funded or carried out by the agency is not likely to Jeopardize the continued existence of any listed species or result in the destruction or adverse modification of critical habitat.
Page 106 - ... discretion to exclude areas for critical habitat designation, if the benefits of exclusion outweigh the benefits of designation. The Association recommends expanding the types and use of exclusions and institutionalizing them in policy and statute, including: a. exclusion of all lands covered by a HCP, SCA, SHA, or other approved conservation plan from critical habitat designations; b. exclusion of State lands that have protection equivalent to that provided by designation of critical habitat;...
Page 70 - critical habitat" for a threatened or endangered species means-- (i) the specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of section...
Page 97 - take" in the Act means an act which actually kills or injures wildlife. Such act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.
Page 71 - jeopardize the continued existence of" means "to engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of listed species in the wild reducing the reproduction, numbers, or distribution of that species.
Page 71 - Destruction or adverse modification means a direct or indirect alteration that appreciably diminishes the value of critical habitat for both the survival and recovery of a listed species. Such alterations include, but are not limited to, alterations adversely modifying any of those physical or biological features that were the basis for determining the habitat to be critical.