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F I S C A L I M P A C T R E P O R T

SPONSOR Komadina

DATE TYPED 3/14/05

HB

SHORT TITLE Amend Federal Endangered Species Act

SB SM 2

ANALYST Aguilar

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Energy, Minerals and Natural Resources Department (EMNRD)

Office of State Engineer (OSE)

New Mexico Environment Department (NMED)

SUMMARY

Synopsis of Bill

Senate Memorial 2 requests that the New Mexico congressional delegation, the president and

appropriate cabinet secretaries consider amending the Endangered Species Act to require that

credible and sufficient scientific data be available before any federal agency lists, declares habi-

tat or issues a management plan for an endangered species. The lack of sufficient data can and

does result in policy decisions being made that cause harm to the state’s economy and well being

of its residents, as well as causing a waste of natural resources.

The memorial suggests federal law be amended to provide that if such decisions are not based on

credible scientific data and studies the federal government would compensate private individuals

or government entities that suffer any economic damages due to faulty decisions.

Senate Memorial 2 -- Page 2

Significant Issues

Senate Memorial 2 does not define what constitutes credible and sufficient scientific data.

The Energy, Minerals and Natural Resources Department (EMNRD) note terms such as “credi-

ble and sufficient scientific data” are often used by those who seek to weaken the ESA. For ex-

ample HR1662 introduced into the US Congress would prevent the determination that a species

is threatened or endangered unless there is observation of the species in the field.

The ESA already requires that decisions be based on substantial scientific information.

Federal regulations promulgated pursuant to the ESA include processes for placing species on

the threatened or endangered list, making declarations of critical habitat, and for endangered spe-

cies recovery plans. These processes require federal agencies to acquire all data on distribution,

habitat requirements, species abundance and impacts to local economies.

Problems federal agencies will have in implementing the intent of this memorial include adopt-

ing criteria for determining and evaluating the level of credible and sufficient scientific data,

what constitutes a faulty decision, what proof will be required from a claimant of economic loss,

and how compensation is to be calculated.

PA/lg