This week, the Senate Environment and Public Works (EPW) Committee continued an investigation into reforming the Endangered Species Act (ESA) with a hearing focused on the role of state fish and wildlife agencies under the ESA. Notably, the hearing was cut short when Senate Democrats invoked a rarely used procedural maneuver on the Senate floor that limited the Senate’s business schedule for the day. The move came in reaction to the firing of FBI Director James Comey.
Democratic Senators were also notably absent from the hearing because the hearing time conflicted with an all-member caucus meeting to discuss the firing of Comey, which left only Republican Senators at the dais to question witnesses. The brief hearing focused on state-driven ideas to improve, refocus, and modernize the ESA. Specifically, witnesses testified on the need to strengthen the U.S. Fish and Wildlife Service (USFWS) mandate to coordinate with state officials to the “maximum extent practicable,” as directed under Section 6 of the ESA. USFWS is directed to coordinate with state agencies on the development of habitat conservation for listed species, a directive that witnesses said is interrupted in different ways throughout the regional and local offices of the agency. The witnesses, all of whom were from state fish and wildlife agencies, also testified that state agency capacity for species management has grown considerably since the ESA was enacted in 1973, and thus should be given more control in the process. Chairman John Barrasso (R-WY) has committed to moving a reform bill through the Committee this year, however, he admitted the Committee still has work to do before a draft bill could be released.