Sec. 601. Protective regulations under Endangered Species Act of 1973
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/bill/118/hr/7408/rh/section-601A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3(3) of the Endangered Species Act of 1973 ( 16 U.S.C. 1532(3) ) is amended by striking and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include and inserting transplantation, and, at the discretion of the Secretary, . Section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) is amended— Whenever any species is listed as a threatened species pursuant to subsection (c), the Secretary shall issue such regulations as are necessary and advisable to provide for the conservation of that species. If the Secretary issues a regulation under paragraph
(1)that prohibits an act described in section 9(a), the Secretary shall, with respect to the species that is the subject of such regulation— establish objective, incremental recovery goals; provide for the stringency of such regulation to decrease as such recovery goals are met; and provide for State management within such State, if such State is willing to take on such management, beginning on the date on which the Secretary determines all such recovery goals are met and, if such recovery goals remain met, continuing until such species is removed from the list of threatened species published pursuant to subsection (c). A regulation issued under paragraph
(1)that prohibits an act described in section 9(a)(1) with respect to a resident species shall apply with respect to a State that has entered into a cooperative agreement with the Secretary pursuant to section 6(c) only to the extent that such regulation is adopted by such State. A State may develop a recovery strategy for a threatened species or a candidate species and submit to the Secretary a petition for the Secretary to use such recovery strategy as the basis for any regulation issued under paragraph
(1)with respect to such species within such State. Not later than 120 days after the date on which the Secretary receives a petition submitted under subparagraph (A), the Secretary shall— approve such petition if the recovery strategy is reasonably certain to be implemented by the petitioning State and to be effective in conserving the species that is the subject of such recovery strategy; or deny such petition if the requirements described in clause
(i)are not met. Not later than 30 days after the date on which the Secretary approves or denies a petition under subparagraph (B), the Secretary shall publish such approval or denial in the Federal Register. If the Secretary denies a petition under subparagraph (B), the Secretary shall include in such denial a written explanation for such denial, including a description of the changes to such petition that are necessary for the Secretary to approve such petition. A State may resubmit a petition that is denied under subparagraph (B). If the Secretary approves a petition under subparagraph (B), the Secretary shall— issue a regulation under paragraph
(1)that adopts the recovery strategy as such regulation with respect to the species that is the subject of such recovery strategy within the petitioning State; and establish objective criteria to evaluate the effectiveness of such recovery strategy in conserving such species within such State. If a recovery strategy that is adopted as a regulation issued under paragraph
(1)is determined by the Secretary to be ineffective in conserving the species that is the subject of such recovery strategy in accordance with the objective criteria established under subparagraph (E)(ii) for such recovery strategy, the Secretary shall revise such regulation and reissue such regulation in accordance with paragraph (1). ; and in subsection (f)(1)(B)— in clause (ii), by striking and at the end; in clause (iii), by striking the period at the end and inserting ; and ; and by adding at the end the following: with respect to an endangered species, objective, incremental recovery goals in accordance with subsection (d)(2)(A) for use under that subsection if such endangered species is changed in status from an endangered species to a threatened species under subsection (c)(2)(B)(ii). .
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