SENATE MEMORIAL 36

46th legislature - STATE OF NEW MEXICO - first session, 2003

INTRODUCED BY

Steve Komadina









A MEMORIAL

REQUESTING THE NEW MEXICO CONGRESSIONAL DELEGATION, THE PRESIDENT OF THE UNITED STATES AND THE SECRETARY OF THE INTERIOR TO SUPPORT AMENDING THE FEDERAL ENDANGERED SPECIES ACT OF 1973 TO REQUIRE THAT CREDIBLE AND SUFFICIENT SCIENTIFIC DATA BE AVAILABLE AND REVIEWED 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 habitats or manage the habitats 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

WHEREAS, these same policy decisions may cause a grave waste of the state's natural resources and may actually hinder the recovery of endangered species;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the New Mexico congressional delegation, the president of the United States, the secretary of the interior and the members of congress be requested to support amending the federal Endangered Species Act of 1973 to ensure that a federal agency must base its decisions on credible and sufficient scientific data and studies when it lists an endangered species, declares a habitat for a listed species or issues a management plan for a listed species; and

BE IT FURTHER RESOLVED that the act be amended to provide that the federal government will compensate private individuals and government entities that suffer economic damage due to a faulty decision if the decision is not based on credible and sufficient scientific data and studies; 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 interior.

- 3 -