Senator John H. Chafee
Opening Statement
May 27, 1999

Good morning. I would first like to express my sincere gratitude to you, Mr. Chairman, for holding this hearing and for your cooperation on the legislation that we introduced last week with Senator Domenici. That bill, S.1100, addresses one of the most problematic, controversial and misunderstood provisions of the Endangered Species Act -- the provision relating to the designation of critical habitat for endangered species.

As I have often said, the key to protecting our nation's fish and wildlife is to protect the habitat on which those species depend. This is particularly true for endangered and threatened species, which often fall into such precarious condition precisely because of habitat loss and degradation. However, of almost 1200 species listed by the Fish and Wildlife Service, only 113 -- nine percent -- have critical habitat designated.

Landowners fear that critical habitat imposes severe restrictions on use of their lands; the Secretary frequently does not designate critical habitat; and environmental groups often bring lawsuits over this failure to designate.

The root of the problem lies in the fact that designation of critical habitat requires knowledge of the conservation needs of the species, as well as an assessment of the economic impacts of the designation, neither of which is generally known at the time of listing.

This bill would move the requirement to designate critical habitat from the time of listing to the time of recovery plan development. It would also provide a deadline for development of recovery plans, no later than 36 months after listing. In the event that the designation is necessary to avoid the imminent extinction of the species, the bill allows the Secretary to designate critical habitat concurrently with listing. In addition, the Secretary would be required to appoint a recovery team with limited exceptions. Other than these changes, the critical habitat provisions would remain virtually the same as in existing law.

I believe that this bill addresses a narrow fix in a way that answers the complaints of both environmental groups and the regulated community. Let me emphasize two points: first, I intend to work collaboratively with all interested parties in making further improvements to the legislation; and second, I do not intend to see this bill include other issues not related to critical habitat. As you mentioned, Mr. Chairman, there will be another time and opportunity for that.

Mr. Chairman, again, thank you for holding this hearing. I wish to welcome our distinguished panelists and look forward to their testimony.