Senator Introduces ESA Reform Bill
1/29/04
Liberty
Matters News Service
Sen. Gordon Smith (R-OR), whose state has been ravaged by the unscrupulous
use of the Endangered Species Act, has introduced the Sound Science
for Endangered Species Planning Act, (S. 2009). The bill will require
that "greater weight be given to scientific or commercial data
that is empirical or has been field tested or peer-reviewed before
making decisions under the ESA." Over the past several years,
there has been increasing evidence that environmental decisions by
federal agencies have relied on sloppy science or science snatched
out of thin air altogether. The issue was brought to light when a
retired Forest Service biologist publicly criticized the agency for
planting lynx hair in a national forest and claiming the hair samples
were proof lynx were present in the area. In announcing his bill,
Sen. Smith said; "Decisions based on bad science can take a tremendous
toll on people who make their living from the land [nor] does the
environment benefit from flawed policies. Preventing these mistakes
is something everyone can support." Peer review should be made
mandatory.
RELATED STORY:
Smith Introduces Endangered Species Act Peer Review Legislation
1/29/04
News Release
Washington, DC – On the opening day of the second session of the 108th
Congress, Senator Gordon Smith (R-OR) introduced the Sound Science
for Endangered Species Planning Act (S. 2009) which would require
greater weight be given to field-tested and scientifically reviewed
data when making decisions under the Endangered Species Act (ESA).
Decisions based on bad science can take a tremendous toll on people
who make their living from the land,” Smith said. “Just as importantly,
the environment doesn’t benefit from flawed policies. Preventing these
mistakes is something everyone can support.”
In recent years, a number of cases have been exposed where federal
agency scientists either demanded actions not supported by scientific
data, or actually fabricated the data itself. In December 2001, it
was revealed that federal employees had falsely submitted hairs from
a captive Canada lynx during field surveys in several national forests
meant to determine the habitat of this threatened species.
In an Oregon newspaper, a Forest Service biologist criticized his
own agency for shoddy work. The scientist questioned much of the information
collected over 18 years on one national forest, claiming that decisions
were based on sketchy information not obtained according to protocol,
or not collected at all. The Forest Service acknowledged the validity
of the charges, and launched an investigation.
In 2001, the U.S. Fish and Wildlife Service and the National Marine
Fisheries Service developed two biological opinions on the operation
of Oregon’s Klamath Project, as it related to suckers and coho salmon,
respectively. In an effort to raise lake levels and water flows, irrigation
was stopped on the same agricultural lands that had received water
from the Project for almost one hundred years. The result was financial
devastation for thousands of Oregonians before the National Research
Council found that the Klamath operating decisions lacked “substantial
scientific support.”
Specifically, S. 2009 includes provisions that would:
! Require the Secretary of the Interior and the Secretary of Commerce
to give greater weight to scientific or commercial data that is empirical
or has been field-tested or peer-reviewed when making decisions under
the ESA
!Establish a mandatory independent scientific review requirement for
all ESA listing and delisting proposals as well as biological opinions
to ensure the use of sound science and provide a mechanism for resolving
disputes during the rulemaking process
!Require the Secretary of the Interior to solicit and obtain data
from stakeholders to assist in developing recovery plans, including
recovery goals
!Require the Secretary to solicit recommendations from the National
Academy of Sciences in order to maintain a list of qualified reviewers.
for more information,
CONTACT:
Chris Matthews
202/224-8329
Tucker Bounds
202/224-8329