Cattlemen's Capitol Concerns: Department of the Interior releases proposed rule modifying the Endangered Species Act

TSCRA Daily News Update, August 15, 2008

Department of the Interior releases proposed rule modifying the Endangered Species Act

On Aug. 13, 2008, the Department of the Interior (DOI) released a proposed rule modifying the federal government's responsibilities in regards to the Endangered Species Act (ESA).

Federal agencies are required to consult with the U.S. Fish and Wildlife Service or the National Oceanic and Atmospheric Administration before they undertake an action that may affect an endangered species. Such consultation may involve either a formal written request or it may be an informal conversation between the agencies.

The proposed changes are designed to help clarify processes under the ESA, improve the informal consultation process, define when formal consultation is necessary, and update the rule in light of new developments, such as climate change.

DOI is updating the rule to "help avoid misuse of the ESA to regulate climate change" and to better define the consultation process that is followed by the agencies consulting with Fish and Wildlife Services under the ESA.

"ESA consultations in the 21st century address increasingly complex issues. We need a regulatory framework to guide those consultations that are consistent with the ESA and will address new challenges such as climate change," said Interior Secretary Dirk Kempthorne.

In May 2008, Kempthorne listed the polar bear as threatened under the ESA, but said, "the ESA was not the right tool to set U.S. climate policy or regulate green house gas emissions."

Dale Hall, Director of the Fish and Wildlife Service explained, "We are not being good stewards of our resources when we pursue consultation in situations where the potential effects to a species are either unlikely, incapable of being meaningfully evaluated, wholly beneficial, or pose only a remote risk of causing jeopardy to the species or its habitat."