Protect America’s Wildlife and Fish In Need of Conservation Act of 2019 or the PAW and FIN Conservation Act of 2019
This bill nullifies several 2019 rules that revise regulations relating to the listing of endangered or threatened species and the designation of critical habitats.
The restored rules
Rulemakings related to these regulations must incorporate climate change impacts.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2491 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2491
To terminate certain rules issued by the Secretary of the Interior and
the Secretary of Commerce relating to endangered and threatened
species, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 17, 2019
Mr. Udall (for himself, Mr. Blumenthal, Mr. Booker, Mrs. Feinstein, Ms.
Cantwell, Mr. Merkley, Ms. Hirono, Ms. Harris, Mr. Sanders, Mr.
Menendez, and Ms. Warren) introduced the following bill; which was read
twice and referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To terminate certain rules issued by the Secretary of the Interior and
the Secretary of Commerce relating to endangered and threatened
species, and for other purposes.
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 ``Protect America's Wildlife and Fish
in Need of Conservation Act of 2019''.
SEC. 2. FINDINGS.
Congress finds that--
(1) global wildlife populations have fallen by 60 percent
over 4 decades due to habitat loss, pollution, deforestation,
climate change, and other anthropogenic factors;
(2) current rates of species extinction are up to 1,000
times greater than the natural rate of extinction; and
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) is one of the most popular and successful environmental
laws of the United States.
SEC. 3. TERMINATION OF REGULATIONS RELATING TO ENDANGERED AND
THREATENED SPECIES AND RESTORATION OF PRIOR REGULATIONS.
(a) In General.--The amendments to parts 17, 402, and 424 of title
50, Code of Federal Regulations, made by the following final rules are
void:
(1) The final rule promulgated by the Secretary of the
Interior entitled ``Endangered and Threatened Wildlife and
Plants; Regulations for Prohibitions to Threatened Wildlife and
Plants'' (84 Fed. Reg. 44753 (August 27, 2019)).
(2) The final rule promulgated by the Secretary of the
Interior and the Secretary of Commerce entitled ``Endangered
and Threatened Wildlife and Plants; Regulations for Interagency
Cooperation'' (84 Fed. Reg. 44976 (August 27, 2019)).
(3) The final rule promulgated by the Secretary of the
Interior and the Secretary of Commerce entitled ``Endangered
and Threatened Wildlife and Plants; Regulations for Listing
Species and Designating Critical Habitat'' (84 Fed. Reg. 45020
(August 27, 2019)).
(b) Effectiveness.--Parts 17, 402, and 424 of title 50, Code of
Federal Regulations, shall be in effect as if the amendments voided
under subsection (a) had not been made.
(c) Promulgation of New Rules.--Any rule proposed by the Secretary
of the Interior or the Secretary of Commerce after the date of
enactment of this Act to amend part 17, 402, or 424 of title 50, Code
of Federal Regulations (other than any rule that is necessary to carry
out subsections (a) and (b))--
(1) shall analyze and incorporate the impacts of climate
change, including long-term impacts, on--
(A) species listed as threatened species or
endangered species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) and species that are
candidates to be so listed; and
(B) the habitats of species described in
subparagraph (A);
(2) may analyze and incorporate alternatives for providing
automatic protections under section 9(a) of the Endangered
Species Act of 1973 (16 U.S.C. 1538(a)) in the case of species
listed as threatened species under that Act (16 U.S.C. 1531 et
seq.); and
(3) may not--
(A) analyze or incorporate any positive or negative
economic impacts associated with the decision of
whether to list a species as a threatened species or an
endangered species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.);
(B) limit the authority of the Secretary of the
Interior or the Secretary of Commerce to consider the
impacts of climate change, including the long-term
impacts; or
(C) interfere in any manner with the best available
science.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Congress recognizes the potential benefit of clarifying
inconsistencies in--
(A) the past practices of the United States Fish
and Wildlife Service and the National Marine Fisheries
Service under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
(B) interpretations by those agencies of
regulations under that Act, especially under section 7
of that Act (16 U.S.C. 1536); and
(2) Congress acknowledges the importance of providing
incentives for landowners to conserve species, especially by
rewarding the landowners for--
(A) helping to prevent the need to add species to
the list of threatened species or endangered species
under that Act (16 U.S.C. 1531 et seq.); and
(B) successfully conserving species listed as
endangered species under that Act to the point that the
species can be downlisted to the list of threatened
species under that Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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