HR6784-118

1. Short title This Act may be cited as the ESA Flexibility Act.

2. Protective regulations for endangered species Section 4(d) of the Endangered Species Act of 1973 (16 U.S.C. 1533(d)) is amended to read as follows: Whenever any species is listed as a threatened species pursuant to subsection (c), the Secretary shall issue such regulations as the Secretary deems necessary and advisable to provide for the conservation of such species. Whenever any species is listed as an endangered species pursuant to subsection (c), the Secretary may issue such regulations as the Secretary deems necessary and advisable to provide for the conservation of such species. Except as provided in paragraph (4), the Secretary may, by regulation issued under this subsection, prohibit with respect to any threatened or endangered species any act prohibited under section 9(a)(1), in the case of fish or wildlife, or section 9(a)(2) in the case of plants. Regulations described by paragraph (3) shall apply in any State which has entered into a cooperative agreement pursuant to section 6(c) only to the extent that such regulations have also been adopted by such State. Paragraphs (1) and (2) of section 9(a) of the Endangered Species Act of 1973 (16 U.S.C. 1538(a)(1) and (2)) are each amended by inserting by regulations issued under section 4(d) or after as provided. (d)Protective regulations(1)Threatened speciesWhenever any species is listed as a threatened species pursuant to subsection (c), the Secretary shall issue such regulations as the Secretary deems necessary and advisable to provide for the conservation of such species.(2)Endangered speciesWhenever any species is listed as an endangered species pursuant to subsection (c), the Secretary may issue such regulations as the Secretary deems necessary and advisable to provide for the conservation of such species.(3)Prohibition on certain activitiesExcept as provided in paragraph (4), the Secretary may, by regulation issued under this subsection, prohibit with respect to any threatened or endangered species any act prohibited under section 9(a)(1), in the case of fish or wildlife, or section 9(a)(2) in the case of plants.(4)ExceptionRegulations described by paragraph (3) shall apply in any State which has entered into a cooperative agreement pursuant to section 6(c) only to the extent that such regulations have also been adopted by such State..