[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1152 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1152

     To amend the Endangered Species Act of 1973 with common sense 
  amendments to strengthen the Act, enhance wildlife conservation and 
    management, augment funding, and protect fishing, hunting, and 
                               trapping.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 10 (legislative day, July 10), 1995

 Mr. Burns (for himself, Mr. Craig, and Mr. Murkowski) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
     To amend the Endangered Species Act of 1973 with common sense 
  amendments to strengthen the Act, enhance wildlife conservation and 
    management, augment funding, and protect fishing, hunting, and 
                               trapping.
    Be it enacted by the Senate and House of Representatives 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 Endangered 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 practices, including fishing, hunting, 
and trapping, of any proposed 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 Convention, 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 oversight of fish and 
        wildlife management practices; and
            ``(2) notice and conduct of a hearing in the vicinity of 
        the proposed action.
    ``(b) Disclaimer.--Nothing in this section shall affect the 
substantive standards for listing determinations set forth in section 
4.''.
    (b) Conforming Amendment.--The entry for that section in the table 
of contents to such Act of 1973 is amended to read as follows:

``Sec. 13. Wildlife management effects evaluation.''.
SEC. 3. FISH AND WILDLIFE CONSERVATION AND MANAGEMENT PROJECTS.

    Section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535) is 
amended by adding the following new subsection 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 
constitute 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 affect 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 management practices, 
        including sport hunting,''; and
            (2) by inserting after paragraph (2) the following 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 pursuant to the Convention.
    ``(B) The Secretary may reject any determination referred to in 
subparagraph (A) if the Secretary possesses clear and convincing 
evidence that the determination was fraudulently rendered or was based 
on erroneous or grossly 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 
ascertainable 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; ADJUDICATION 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 following new paragraphs:
    ``(9) The Secretary shall by regulation establish criteria by which 
to determine whether any fish or wildlife stock constitutes a 
subspecies or distinct population segment, 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 population 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 acquiring 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 Wildlife Service or 
the National Marine Fisheries Service may be submitted by the Secretary 
for peer review to a scientifically qualified entity or entities before 
a final determination is made by the Secretary. Such peer review 
process shall not be subject to the provisions of the Federal Advisory 
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 enactment of this Act on the 
feasibility of a program or programs (similar to the Dingell-Johnson 
and Pittman-Robertson programs which fund sport fishing, boating, and 
hunting projects) under which monies shall be collected from those who 
may benefit specifically from the provisions 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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