I
103D CONGRESS
2D SESSION
H. R. 2207
To amend the Endangered Species Act of 1973 with common sense amend-
ments to strengthen the Act, enhance wildlife conservation and manage-
ment, augment funding, and protect fishing, hunting, and trapping.
IN THE HOUSE OF REPRESENTATIVES
MAY 20, 1993
Mr. BREWSTER (for himself, Mr. YOUNG of Alaska, Mrs. VUCANOVICH, Mr.
BARCIA, Mr. EMERSON, and Mr. WALSH) introduced the following bill;
which was referred to the Committee on Merchant Marine and Fisheries
FEBRUARY 10, 1994
Additional sponsors: Mr. HANSEN, Mr. LAUGHLIN, Mr. STUMP, Mr. ROBERTS,
Mr. TAYLOR of North Carolina, Mr. PETERSON of Minnesota, Mr.
CRANE, Mr. SCHAEFER, Mr. BOEHNER, Mr. BURTON of Indiana, Mr.
CRAPO, Mr. DOOLITTLE, Mr. ORTON, Mr. BARLOW, Mr. SMITH of Or-
egon, Mr. OXLEY, Mr. MURPHY, Mr. CLEMENT, and Mr. BACHUS of Ala-
bama
A BILL
To amend the Endangered Species Act of 1973 with common
sense amendments to strengthen the Act, enhance wild-
life conservation and management, augment funding, and
protect fishing, hunting, and trapping.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Common Sense
Amendments for All Endangered Species Act’’.
SEC. 2. WILDLIFE MANAGEMENT EFFECTS EVALUATION.
(a) AMENDMENT TO ACT.—Section 13 of the Endan-
gered Species Act of 1973 (87 Stat. 901) is amended to
read as follows:
‘‘WILDLIFE MANAGEMENT EFFECTS EVALUATION
‘‘SEC. 13. (a) IN GENERAL.—The Secretary shall
evaluate the impact on fish and wildlife management prac-
tices, including fishing, hunting, and trapping, of any pro-
posed action under this Act, including the listing of any
species or the designation of critical habitat under section
4, the making of any taking determination pursuant to
section 9, or the taking of any action under the Conven-
tion, which may have a significant effect on such practices.
Such evaluation shall include—
‘‘(1) notification of the appropriate State or
local agencies responsible for the conduct or over-
sight of fish and wildlife management practices; and
‘‘(2) notice and conduct of a hearing in the vi-
cinity of the proposed action.
‘‘(b) DISCLAIMER.—Nothing in this section shall af-
fect the substantive standards for listing determinations
set forth in section 4.’’.
SEC. 6. SUBSPECIES AND POPULATION CRITERIA; ADJU-
DICATION AND PEER REVIEW.
Section 4(b) of the Endangered Species Act (16
U.S.C. 1533(b)) is amended by adding at the end the fol-
lowing new paragraphs:
‘‘(9) The Secretary shall by regulation establish cri-
teria by which to determine whether any fish or wildlife
stock constitutes a subspecies or distinct population seg-
ment, or plant stock constitutes a subspecies, so as to be
eligible for listing as a threatened or endangered species
under this section. The criteria shall include a requirement
that genetic data analysis be employed where or when such
data are available and shall establish a reasonable burden
of proof for determinations of subspecies and distinct pop-
ulation segments.
‘‘(10) In making the determinations pursuant to this
section, the Secretary may, at his sole discretion, employ
an adjudicative procedure to assist the Secretary in ac-
quiring the best scientific and commercial data pursuant
to subsection (b)(1). Any scientific determination on a
proposed listing made by the United States Fish and Wild-
life Service or the National Marine Fisheries Service may
be submitted by the Secretary for peer review to a scientif-
ically qualified entity or entities before a final determina-
tion is made by the Secretary. Such peer review process
shall not be subject to the provisions of the Federal Advi-
sory Committee Act.’’.
SEC. 7. FUNDING AUGMENTATION STUDY.
The Secretary of the Interior shall study and report
to Congress within 18 months after the date of the enact-
ment of this Act on the feasibility of a program or pro-
grams (similar to the Dingell-Johnson and Pittman-Rob-
ertson programs which fund sport fishing, boating, and
hunting projects) under which monies shall be collected
from those who may benefit specifically from the provi-
sions of the Endangered Species Act of 1973 and used
in furtherance of the goals and purposes set forth in such
Act.
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