45th legislature - STATE OF NEW MEXICO - first session, 2001

REQUESTING THE NEW MEXICO CONGRESSIONAL DELEGATION, THE PRESIDENT OF THE UNITED STATES AND THE SECRETARY OF THE UNITED STATES DEPARTMENT OF THE INTERIOR TO CONSIDER AMENDING THE FEDERAL ENDANGERED SPECIES ACT OF 1973 TO REQUIRE THAT CREDIBLE AND SUFFICIENT SUPPORTING SCIENTIFIC DATA BE AVAILABLE BEFORE A FEDERAL AGENCY ISSUES DECISIONS PURSUANT TO THAT ACT.

WHEREAS, the listing of endangered species within the state by federal agencies can have an adverse impact on the state's ability to manage its natural resources, including water, which may harm local economies and the well-being of residents; and

WHEREAS, there is often little or no credible scientific data on which to accurately base listings of endangered species, declare critical habitat or manage the habitat of the listed species; and

WHEREAS, the lack of sufficient scientific data can and does result in policy decisions being made that cause needless harm to the state's economy and the well-being of its residents and a grave waste of the state's natural resources and may harm the recovery of endangered species; and

WHEREAS, the federal Endangered Species Act of 1973 is currently under consideration for reauthorization by the United States congress;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the president, the secretary of the department of the interior and the members of the United States congress be urged to amend the federal Endangered Species Act of 1973 to ensure that when an agency lists an endangered species, declares habitat for a listed species or issues a management plan for a listed species, that decision is based on credible and sufficient scientific data and studies; and

BE IT FURTHER RESOLVED that if such decisions are not based on credible and sufficient scientific data and studies, the act be amended to provide that the federal government will compensate the private individuals and governmental entities that have suffered any economic damages due to a faulty decision; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the New Mexico congressional delegation, the president of the United States and the secretary of the United States department of the interior.