Examining impacts of the Endangered Species Act on Southern California's inland empire: oversight field hearing before the Committee on Resources, U.S. House of Representatives, One Hundred Eighth Congress, second session, Friday, September 10, 2004, in Fontana, California

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U.S. Government Printing Office, 2005 - Nature - 72 pages

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Page 1 - The CHAIRMAN. The Committee on Resources will come to order. The Committee is meeting today to hear testimony on the issue of Minimum Internal Control Standards for Indian Gaming.
Page 62 - In the late 1990s, some critics began challenging these "not prudent" findings in court; those successes led to a flood of additional suits which continue to this day. These lawsuits have subjected the Service to an ever-increasing series of court orders and court-approved settlement agreements, compliance with which now consumes nearly the entire listing program budget. This leaves the Service with little ability to prioritize its activities to direct resources to listing program actions that would...
Page 63 - Struggling to keep up with these court orders, the Fish and Wildlife Service has diverted its best scientists and much of its budget for the Endangered Species Act away from more important tasks like evaluating candidates for listing and providing other protections for species on the brink of extinction.
Page 62 - Federal resources from imperiled,, but unlisted, species which do not yet benefit from the protections of the ESA. The accelerated schedules of court-ordered designations have left the Service with limited ability to take additional time for review of comments and information to ensure the rule has addressed all the pertinent issues before making decisions on listing and critical habitat proposals, due to the risks associated with 11 on compliance with judicially imposed deadlines.
Page 62 - ... designation of critical habitat. The Service has been embroiled in a relentless cycle of litigation over its implementation of the listing and critical habitat provisions of the Act for over a decade. This has resulted in a Section 4 program with serious problems due not to agency inertia or neglect, but to a lack of scientific or management discretion to focus available resources on the listing actions that provide the greatest benefit to those species in utmost need of protection. In FY 2004,...
Page 63 - Service can work with states, landowners, and other nonfederal partners to voluntarily conserve candidate or other declining species. Under this program, the Service works to identify species that face threats that make listing under the ESA a possibility and provides information, planning assistance, and resources to encourage voluntary partnerships and agreements. These resulting conservation agreements or plans may contribute to removing the threats that might otherwise necessitate listing under...
Page 32 - I would like to thank you for allowing me to speak to you today. I...
Page 62 - Extensive litigation has shown that the courts cannot be expected to provide either relief or an answer, because they are equally constrained by the strict language of the Act. The Department of Justice has defended these...
Page 59 - ... of the FY 2004 and FY 2005 proposed and final designations were the result of court orders or settlement agreements. Protection of habitat is the key to sustaining and recovering endangered species. However, the critical habitat process under the Act is not an effective means of conserving habitat; the Service has characterized the designation of critical habitat as the most costly and least effective class of regulatory actions it undertakes. In 30 years of implementing the Act, the Service...
Page 3 - Since its inception, nearly 1,800 species have been listed as threatened or endangered. Yet, only seven domestic species listed under the ESA have ever been "recovered

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