WASHINGTON, D.C. — SEMA, the Specialty Equipment Market Association, announced its support for bi-partisan legislation to reform the Endangered Species Act (ESA). Introduced by House Resources Committee Chairman Richard Pombo (R-CA) and Rep. Dennis Cardoza (D-CA), the “Threatened and Endangered Species Recovery Act of 2005” (TESRA) would overhaul the existing process for designating endangered species.
SEMA has made passage of the ESA reform bill a legislative priority. The existing law has eliminated access to millions of acres of land, including many roads and trails responsibly enjoyed by off-highway (OHV) enthusiasts, while providing little benefit for species. The association contends that the law needs to be revised to achieve its goals without unnecessarily depriving the OHV community of recreational opportunities.
A key piece of the proposal would replace existing “critical habitat” requirements, one of the more contentious areas of the existing law and a frequent source of lawsuits, with “recovery habitats.” These recovery habitats would have fewer legal restrictions and be linked into the species recovery planning process. The bill also calls for the use of the best available scientific data in determining species status.
Other features of the bill include: increasing the role of state and local governments in decision making process; providing incentives to and protecting the rights of private property owners; and increasing the openness and accountability of the agencies involved in the designation process.
“After three decades of implementation, the ESA has only recovered 10 of the roughly 1,300 species on its list,” said Chairman Pombo when introducing the bill. “What it has done instead is create conflict, bureaucracy and rampant litigation. It’s time to do better.”
Earlier this year, SEMA joined with the Off-Road Business Association (ORBA) and the BlueRibbon Coalition (BRC) to sponsor a Washington, D.C., Summit for Motorized Off-Highway Vehicle Recreation. While attending the Summit, participants urged members of Congress to back ESA reforms citing that the 32-year-old law has not achieved its goal of protecting threatened animals and plants. Nevertheless, millions of acres of land have been closed to the OHV community, resulting in reduced OHV equipment sales and more set-asides are in the works.
“SEMA supports increased involvement by state and local officials and the enthusiast community when making species recovery plans,” said SEMA Vice President of Government Affairs Steve McDonald. “The government must also employ the best available scientific information when establishing species listings. In this litigious environment, SEMA also supports the use of mediation prior to the filing of lawsuits. The listing process should be made transparent by posting ESA documents on the Internet.”
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