Endangered Species Act Amendments of 1982

(Conference report filed in House, H. Rept. 97-835)

Endangered Species Act Amendments of 1982 - Amends the Endangered Species Act of 1973 to require the Secretary (either the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested), to the maximum extent prudent and determinable, to designate a critical habitat at the time an endangered or threatened species is listed. Authorizes the Secretary to revise such designation from time-to-time thereafter as appropriate.

Requires the Secretary to determine if species are endangered or threatened solely on the basis of the best scientific and commercial data available.

Requires that the Secretary, in determining whether species are endangered or threatened, give full consideration to species which have been: (1) designated as requiring protection from unrestricted commerce by any foreign country or pursuant to an international agreement; or (2) identified as in danger of extinction or likely to become so in the near future by a conservation agency of a State or foreign nation.

Directs the Secretary, to the maximum extent practicable and within 90 days after receiving the petition of an interested party, to determine whether the petition contains substantial scientific or commercial information indicating that a species should be added to, or removed from, either the endangered species list or the threatened species list. Requires the Secretary to begin a review of the species' status if the petition does contain such information. Requires each finding with respect to such petitions to be published. Requires the Secretary to make and publish a decision on a petition containing substantial information that a listing or delisting is warranted within 12 months after receiving it. Subjects negative findings and decisions to delay regulations to implement the petitioned action to judicial review. (Currently, there is no deadline by which the Secretary must make a final decision on a petition to list or delist a species).

Directs the Secretary, to the maximum extent practicable and within 90 days after receiving the petition of an interested party to revise a critical habitat designation, to determine whether such petition presents substantial scientific information indicating that the revision may be warranted. Requires that such findings be published promptly. Requires the Secretary, within 12 months after receiving a petition which presents such information, to determine, and publish a notice indicating, how the requested revision will be handled.

Revises the notice requirements with respect to the proposal by the Secretary of regulations relating to the determination of the status of a species, the designation of a critical habitat, and the revision of a critical habitat designation. Requires the Secretary to publish final regulations within one year after the general notice of the proposed regulations is published. (Currently, a final regulation adding a species to the endangered or threatened species list must be published within two years after notice of the proposed regulation is published.) Permits a six-month extension of such one-year period in the case of a status determination of a species or a revision of a critical habitat designation if the Secretary finds that there is substantial disagreement regarding the sufficiency or accuracy of the available data relevant to the determination or revision involved. Requires the immediate withdrawal of a proposed regulation if the proposed regulation is not promulgated as a final regulation within the one-year period (or longer if the extension applies) because there is not sufficient evidence to justify the proposal. Subjects the finding on which such a withdrawal is based to judicial review. Requires that a final regulation designating a critical habitat of a species be published concurrently with the final regulation implementing the determination that the species is endangered or threatened, unless: (1) prompt publication of the regulation implementing such determination is essential to the conservation of such species; or (2) the critical habitat of the species is not then determinable, in which case the Secretary may extend the one-year period by one year with respect to the critical habitat designation.

Requires the Secretary to periodically revise the endangered and threatened species lists to reflect recent status determinations, critical habitat designations, and revisions of critical habitat designations. (Currently, the Secretary has the authority to make such revisions to the lists.)

Requires the Secretary, in developing and implementing conservation and survival plans for endangered and threatened species, to give priority to preparing plans for endangered or threatened species that will benefit most from such plans, particularly those species that are or may be in conflict with construction or other developmental projects.

Requires the Secretary to submit to a State conservation agency a written justification for any failure to adopt regulations consistent with the agency's comments or petition to list or delist a species.

Increases the limit on the Federal share of costs of conservation programs for endangered and threatened species developed by States pursuant to cooperative agreements between the States and the Secretary.

Requires a Federal agency to consult with the Secretary on any prospective agency action at the request of, and in cooperation with, a prospective permit or license applicant if the applicant believes that an endangered or threatened species may be affected by the project involved. Limits the time period for consultations between a Federal agency and the Secretary. Requires the Secretary to provide a permit or license applicant with a biological opinion promptly after conclusion of the consultation period. (Currently, the Secretary must provide only the Federal agency involved with such an opinion.) Provides that if the agency action will not jeopardize an endangered or threatened species, the Secretary must provide the Federal agency and the permit or license applicant with a statement that specifies: (1) the impact of any taking of a listed species incidental to such action; and (2) the measures, including terms and conditions, necessary to minimize such impact.

Prohibits the extension of the 180-day period allowed for a biological assessment to identify any endangered or threatened species which may be affected by an agency action if a permit or license applicant is involved, unless the Secretary provides the applicant with a statement on the length of the extension and the reasons for it.

Deletes the requirement that representatives of members of the Endangered Species Committee be presidential appointees subject to Senate confirmation.

Eliminates the review board established to consider Federal agency and permit or license applicants' applications for exemptions for agency actions likely to jeopardize endangered or threatened species or their habitats. Provides for the Secretary to review, and report to the Endangered Species Committee on, such exemption applications in place of the review board. Requires the Secretary to publish notice of receipt of exemption applications. Reduces from 60 to 20 days the time available to make the initial determination concerning the exemption applicant's eligibility for the exemption. Requires the Secretary to hold a hearing on an exemption application if the Federal agency involved and the exemption applicant have met the eligibility requirements. Reduces from 180 days to 140 days the time period within which the Secretary must complete a report on: (1) the availability of alternatives to the agency action involved; (2) evidence as to whether the action is in the public interest or is of national or regional significance; (3) appropriate reasonable mitigation and enhancement measures which should be considered; and (4) whether the Federal agency involved and the exemption applicant refrained from making irreversible or irretrievable commitments of resources prohibited by the Endangered Species Act of 1973. Reduces from 90 days to 30 days the time within which the Committee must determine whether to grant an exemption after receiving the Secretary's report.

Provides that any taking of a listed species incidental to an agency action which is in compliance with the measures, including terms and conditions, indicated by the Secretary as necessary to minimize the impact of such taking shall not be considered a taking of an endangered or threatened species.

Requires that the Secretary of the Interior base export determinations and advice pursuant to Article IV of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (the Convention) upon the best available biological information derived from professionally accepted wildlife management practices. Provides that the Secretary of the Interior is not required to make, or to require any State to make, wildlife population estimates in making such determinations or giving such advice.

Abolishes the International Convention Advisory Commission.

Requires the Secretary of State to submit to specified congressional committees a report on why a reservation pursuant to Article XV of the Convention is not entered if the United States votes against including any species in Appendix I or II of the Convention.

Provides for the Secretary of the Interior, in cooperation with the Secretary of State, to represent the United States as required by the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere (the Western Convention). Requires the Secretaries, in cooperation with the contracting parties to the Western Convention, to implement the Western Convention. Requires the Secretaries to report to Congress on the implementation of the Western Convention no later than September 30, 1985.

Authorizes the Secretary to permit: (1) acts necessary for the establishment and maintenance of experimental populations; and (2) any taking of a species incidental to the carrying out of an otherwise lawful activity. Sets forth the requirements for the issuance of a permit authorizing such a taking.

Provides that the polishing or the adding of minor superficial markings to whale bone or teeth does not constitute the substantial etching or carving required before such items may be treated as finished scrimshaw products for purposes of the exemption from trade restrictions under the Endangered Species Act of 1973. Requires the Secretary to carry out a comprehensive review of the regulations prescribed with respect to such exemption. Directs the Secretary to submit a report of such review to specified congressional committees, making it available to the public, and to adopt any necessary revisions. Authorizes the Secretary to renew previously renewed certificates of exemption for up to three years, subject to the revised regulations. Prohibits a person from selling in interstate or foreign commerce any pre-Act finished scrimshaw product after January 31, 1984, unless: (1) such person has been issued a valid certificate of exemption pursuant to such Act; and (2) such person held such product on the date of enactment of this Act.

Removes the provision excluding antique scrimshaw from the trade restriction exemption for certain antique articles. Redefines "antique articles" as those made 100 years ago. (Currently, "antique articles" are defined as articles made before 1830.)

Permits noncommercial shipments of fish and wildlife into the United States under the Endangered Species Act of 1973 if: (1) the fish or wildlife was taken and exported lawfully from the country of origin and any country of reexport; (2) the fish or wildlife is in transit through any place subject to U.S. jurisdiction en route to a country where such fish or wildlife may be lawfully imported or received; (3) the circumstances leading to the transshipment of the fish or wildlife through any place subject to U.S. jurisdiction were beyond the exporter's or owner's control; (4) Convention requirements have been satisfied; and (5) the shipment is not made in the course of commercial activity.

Authorizes the Secretary to permit the release of any population of an endangered or threatened species outside the current range of such species if such release will further the conservation of such species. Designates such populations as "experimental populations." Requires the Secretary to identify by regulation any population so released and to determine whether such population is essential to the continued existence of an endangered or threatened species. Provides that each member of an experimental population shall be treated as a threatened species, except that: (1) for purposes of interagency cooperation and the exemption process under the Endangered Species Act of 1973, an experimental population that is not essential to the continued existence of a species shall be treated as a species proposed to be listed (unless it occurs in the National Wildlife Refuge System or in the National Park System); and (2) critical habitat shall not be designated for experimental populations that are not essential to the continued existence of a species.

Authorizes the Attorney General to seek to enjoin any person alleged to be in violation of the Endangered Species Act of 1973. Authorizes civil actions against the Secretary for failure to perform required acts and duties under such Act and under this Act.

Authorizes appropriations for FY 1983 through 1985: (1) to the Departments of the Interior, Commerce, and Agriculture to carry out the Endangered Species Act of 1973; (2) for State conservation programs; (3) to assist the Secretary and the Endangered Species Committee in carrying out their functions with respect to the exemption process; and (4) to the Department of the Interior for implementation of the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere.

Declares it to be congressional policy that Federal agencies shall cooperate with State and local agencies to resolve water resources issues in concert with conservation of endangered species.

Prohibits the removal and reduction to possession of endangered plants on Federal lands. (Currently, there are prohibitions on importing, exporting, selling, or dealing in interstate or foreign commerce with endangered plants and on violating regulations pertaining to such plants.)

Exempts from the prohibition on the import or export of, and from the prohibition on violations of regulations pertaining to, endangered or threatened species of fish or wildlife held in captivity or in a controlled environment, but not for commercial purposes, on: (1) December 28, 1973; or (2) the date of the publication of the final regulation adding such fish or wildlife to the endangered or threatened species list. Provides for a rebuttable presumption that the fish or wildlife involved in a prohibited act is not entiled to such exemption if the act occurs 180 days or more after December 28, 1973, or the date of such publication.