Endangered Species Act Amendments of 1982

Summary

Endangered Species Act Amendments of 1982 - Amends the Endangered Species Act of 1973 to add the term "experimental population" to the definitions. Defines such term as a population of an endangered or threatened species that: (1) has been transported and released outside of the current range of the species to further its conservation; and (2) is wholly separate geographically from nonexperimental populations of the species. Provides for the treatment of experimental populations as threatened species. Requires the Secretary (either the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested) to issue protective regulations for such species. Increases the limit on the Federal share of costs of conservation programs for endangered and threatened species developed by States pursuant to cooperative agreements between the States and the Secretary. Prohibits the Secretary of the Interior from making less restrictive the regulations applicable to any threatened species over which program responsibilities are vested in the Secretary of Commerce without a prior favorable determination by the Secretary of Commerce. Requires the Secretary, to the maximum extent prudent and determinable, to designate the critical habitat of any endangered or threatened species concurrent with the determination of the status and the listing of the species. Deletes the requirement that the Secretary conduct a review of the status of a species before making a determination of whether the species is endangered or threatened. Requires the Secretary to review regularly the status of all species identified as in danger of extinction and determine whether to propose such such species for listing as endangered or threatened. Provides that upon receipt of a petition to add a species to, or remove a species from, the endangered or threatened species list, the Secretary shall determine and publish a finding whether the petition presents substantial scientific information that such addition or removal is warranted, in addition to conducting and publishing a review of the status of the species as required under current law. Revises the notice requirements with respect to the proposal by the Secretary of regulations relating to the determination of the status and listing of endangered or threatened species. Eliminates the review board established to consider Federal agency and permit or license applicants' applications for exemptions for agency actions likely to jeopardize endangered or threatened species or their habitats. Provides for the Secretary to review, and report to the Endangered Species Committee on, such exemption applications in place of the review board. Reduces from 60 days to 20 days the time available to make the initial determination concerning the exemption applicant's eligibility for the exemption. Reduces from 180 days to 150 days the time period within which the Secretary must complete a report on: (1) the availability of alternatives to the agency action involved; (2) the evidence as to whether the action is in the public interest or is of national or regional significance; (3) appropriate reasonable mitigation and enhancement measures which should be considered; and (4) whether the Federal agency involved and the exemption applicant refrained from making irreversible or irretrievable commitments of resources prohibited by the Endangered Species Act of 1973. Reduces from 90 days to 30 days the time within which the Committee must determine whether to grant an exemption after receiving the Secretary's report. Prohibits the Committee from granting an exemption for an agency action if the Federal agency or the exemption applicant made an irreversible or irretrievable commitment of resources prohibited by such Act. Provides that when an agency, a permit or license applicant, and the Secretary agree to extend the consultation period for determining whether an agency action is likely to jeopardize an endangered or threatened species or its habitat, the Secretary shall specify the information required to complete the consultation and the date on which the biological opinion will be completed. Provides that in addition to exempted agency actions, activities within the scope of an agency action which will promote the conservation of a listed species or critical habitat or which will not jeopardize a listed species or critical habitat shall not be considered a taking of any endangered or threatened species. Requires the Secretary to determine on the basis of the best available biological information derived from reliable wildlife management practices: (1) whether the export or introduction of any specimen of a species included in appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora will be detrimental to the survival of that species; and (2) whether the export of such specimens should be limited. Provides that the Secretary shall not be required to use population estimates in making such determinations when such estimates are not the best available biological information derived from reliable wildlife managment practices. Authorizes the Attorney General to seek to enjoin any person alleged to be in violation of the Endangered Species Act of 1973. Authorizes appropriations for FY 1983 through 1985 to carry out the Endangered Species Act of 1973.

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3 official files

• Indefinitely postponed in Senate

  summary · EN · 9 June 1982

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 26 May 1982

  Open at official source

• Introduced in Senate

  summary · EN · 30 March 1982

  Open at official source

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