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HJR 58: Relating to reauthorization and reform of the Endangered Species Act.

00HOUSE JOINT RESOLUTION NO. 58 01 Relating to reauthorization and reform of the Endangered Species Act. 02 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 WHEREAS the Endangered Species Act (Act) is presently being considered for 04 reauthorization by the Congress; and 05 WHEREAS the State of Alaska supports the basic concept embodied in the Act to 06 prevent the extinction of species; and 07 WHEREAS effective protection for most endangered species is dependent upon 08 cooperation among federal agencies, state fish and wildlife agencies, and private landowners; 09 and 10 WHEREAS improper implementation of the Act has often created adversarial 11 relationships among federal agencies, state fish and wildlife agencies, and private landowners; 12 and 13 WHEREAS the detrimental effects of the Act on private landowners is a disincentive 14 for landowners to cooperate in the implementation of the Act and results in less protection for

01 potentially endangered species on private land; and 02 WHEREAS the federal agencies charged with administering the Act have often 03 misused their authority under the Act; and 04 WHEREAS an inadequate scientific basis exists for many decisions made by federal 05 agencies regarding the listing of species and recovery plans for endangered species; and 06 WHEREAS administrative reforms promised by the Clinton administration have either 07 not been implemented or been wholly inadequate; and 08 WHEREAS new policies adopted by the federal agencies charged with implementing 09 the Act have not significantly improved the implementation of the Act; 10 BE IT RESOLVED that the Alaska State Legislature respectfully requests the 11 Congress to proceed with reauthorization of the Endangered Species Act, using HR 2275 as 12 the basis for the reauthorization legislation; and be it 13 FURTHER RESOLVED that the Alaska State Legislature respectfully recommends 14 that the reauthorized Endangered Species Act (Act) contain the following features in order to 15 assure partnerships with the states, protection of private property rights, and appropriate 16 conservation of endangered species: 17 (1) an effective partnership with the states in the conservation of endangered 18 species; 19 (2) greater flexibility for states in implementing the Act, including opportunity 20 for consultation under sec. 7 of the Act; 21 (3) an exemption from the Federal Advisory Committee Act for cooperative 22 ventures with the states; 23 (4) requirements for stricter scientific and quantitative criteria for listing 24 species under the Act; 25 (5) elimination of the concept of "distinct population segment" from the 26 definition of "species"; 27 (6) establishment of taxonomic standards for listing subspecies under the Act; 28 (7) scientific peer review procedures for listing and "de-listing" of species 29 under the Act; 30 (8) elimination of the biological diversity reserve system or exemption of 31 Alaska from the system;

01 (9) establishment of species conservation and recovery standards that take into 02 consideration the ability of a species to recover, the costs of implementation, and the public 03 interest; and 04 (10) a requirement that recovery plans impose equitable burdens on affected 05 entities. 06 COPIES of this resolution shall be sent to the Honorable Ted Stevens and the 07 Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. 08 Representative, members of the Alaska delegation in Congress.