The Denver Post

ENDANGERED ACT MAY BE WEAKENED

If approved, plan would assess protection­s on case-by-case basis

- By Darryl Fears

The Trump administra­tion proposes a plan to strip the Endangered Species Act of key provisions.

WASHINGTON» President Donald Trump’s administra­tion unveiled a proposal Thursday that would strip the Endangered Species Act of key provisions, a move that conservati­onists say would weaken a law enacted 45 years ago to keep plants and animals in decline from going extinct.

The proposal, announced jointly by the Interior and Commerce department­s, which are charged with protecting endangered wildlife, would end the practice of extending similar protection­s to species regardless whether they are listed as endangered or threatened. If the proposal is approved, likely by year’s end, protection­s for threatened plants and animals would be made on a case-by-case basis.

In another rollback of a key provision, the administra­tion wants the U.S. Fish and Wildlife Service and National Oceanic and Atmospheri­c Administra­tion to strike language that guides officials to ignore economic impacts when determinin­g how wildlife should be protected.

“We propose to remove the phrase ‘without reference to possible economic or other impacts of such determinat­ion’... to more closely align with the statutory language,” the proposed rule says. “The act requires the secretary to make determinat­ions based ‘solely on the basis of the best scientific and commercial data.’ ”

Conservati­onists who worried about the changes, expected for months, said their fears have been realized.

“These regulation­s are the heart of how the Endangered Species Act is implemente­d. Imperiled species depend on them for their very lives,” said Jamie Rappaport Clark, who was director of the Fish and Wildlife Service under President Bill Clinton. Clark is now president and chief executive of Defenders of Wildlife, a nonprofit advocacy group.

“Unfortunat­ely, the sweeping changes being proposed by the Trump administra­tion include provisions that would undercut the effectiven­ess of the ESA and put species at risk of extinction,” Clark said. “The signal being sent by the Trump administra­tion is clear: Protecting America’s wildlife and wild lands is simply not on their agenda.”

In April, the administra­tion weakened a century-old law to protect birds by issuing guidance that says it would not be used as it had been to hold people or companies accountabl­e for killing the animals.

The Interior Department told police who enforce the treaty that the act of killing birds, “when the underlying purpose of that activity” is not intended to kill them, is no longer prohibited. For example, the new guidance says, a person who destroys a structure such as a barn knowing that it is full of baby owls in nests is not liable for killing them.

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