I
104TH CONGRESS
1ST SESSION
H. R. 2217
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
AUGUST 4, 1995
Mr. PETE GEREN of Texas (for himself, Mr. BREWSTER, Mr. LAUGHLIN, Mr.
EMERSON, and Mr. WATTS of Oklahoma) introduced the following bill;
which was referred to the Committee on Resources
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.’’.
(b) CONFORMING AMENDMENT.—The entry for that
section in the table of contents at the end of the first sec-
tion of such Act is amended to read as follows:
‘‘Sec. 13. Wildlife management effects evaluation.’’.
SEC. 3. FISH AND WILDLIFE CONSERVATION AND MANAGE-
MENT PROJECTS.
Section 6 of the Endangered Species Act of 1973 (16
U.S.C. 1535) is amended by adding the following new sub-
section at the end:
‘‘(j) ACTIVITIES THAT CONSTITUTE TAKING.—(1)
No action to plan or execute fish and wildlife management
activities and projects authorized by Federal or State fish
and wildlife management authorities, including those that
alter habitat for the benefit of selected species, shall con-
stitute a taking pursuant to section 9 unless such activity
or project actually wounds or kills an endangered or
threatened species.
‘‘(2) Nothing in this subsection shall alter or affect
consultation, if necessary, as provided in section 7 nor af-
fect the ability of a State agency or private entity to obtain
permits pursuant to section 10.’’.
SEC. 4. CITES AND SPORT HUNTING.
Section 8A(c) of the Endangered Species Act of 1973
(16 U.S.C. 1537a(c)) is amended—
(1) by striking out ‘‘practices;’’ in paragraph
(2) and inserting ‘‘practices and shall give due
weight to the conservation benefits of wildlife man-
agement practices, including sport hunting;’’; and
(2) by inserting after paragraph (2) the follow-
ing new paragraph:
‘‘(3)(A) The Secretary shall recognize and abide by
the determinations made by contracting parties to the
Convention as to which of their indigenous species are
threatened, endangered, or subject to the provisions of the
Convention, in all actions which the Secretary takes pur-
suant to the Convention.
‘‘(B) The Secretary may reject any determination re-
ferred to in subparagraph (A) if the Secretary possesses
clear and convincing evidence that the determination was
fraudulently rendered or was based on erroneous or gross-
ly inadequate scientific data.’’.
SEC. 5. FAIR NOTICE OF FOREIGN LAWS.
Section 11(b)(1) of the Endangered Species Act of
1973 (16 U.S.C. 1540(b)(1)) is amended by adding at the
end the following new sentence: ‘‘To constitute a violation
under this subsection to which criminal penalties apply,
a violation of foreign law must be of a reasonably ascer-
tainable wildlife conservation statute. All other violations
of foreign law and foreign administrative requirements
with respect to the provisions of this Act shall be subject
to subsection (a)(1).’’.
SEC. 6. SUBSPECIES AND POPULATION CRITERIA; ADJU-
DICATION AND PEER REVIEW.
Section 4(b) of the Endangered Species Act of 1973
(16 U.S.C. 1533(b)) is amended by adding at the end the
following 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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