I call this hearing of the Senate EnvironmentPublic Works Committee to order and like to defer to the Ranking Member. I thank the chairman. I apologize to our witnesses, some of whom come quite a distance. The democratic leader in the senate has called for an emergency caucus meeting to discuss the issues leading up to the dismissal of james comey as fbi director and to discuss how we might move quickly to insure that a special prosecutor is assigned and put to work right away. And if i have the opportunity to return at the end of our caucus meeting, ill come back and perhaps some of my colleagues will as well. I appreciate the chairmans understanding of this and giving me the chance to give an Opening Statement first. Thank you this is important stuff. I am interested to learn more from our state witnesses about your experiences with the endangered species act. The roles that states play, the partnerships theyve cultivated and the lessons youve learned, challenges you face, and what you think we need to know. Im not sure we could have gathered a more knowledgeable or relevant panel. All together, our witnesses represent nearly a century of Natural Resource environmental as well as fish and wildlife experience. Which leads me to believe you must have started very early in your lives. This is our second endangered species act hearing this year. Id like to emphasize a couple points that struck me from our first hearing on this very important issue. The first is that the world is experiencing an increase of species in peril. The International Union for the conservation of nature has declared almost one third of all known species of plants and animals, some 22,000 plus species are currently at risk of extinction. The second is that there are so many species ending up on the endangered list. If as well hear from our witnesses today, states are concerned about and equipped to handle a Species Conservation in their states, why are so many species in trouble . Are there funding challenges . Are there legal challenges . Endangers species act should be the last backstop against extinction. And the evidence clearly shows when states, when federal agencies collaborate effectively, we can better prevent species from being listed in the first place. We established at our last hearing that there is generally ample notice that species are at risk. Often biologists and citizens know years, sometimes even decades in advance that a plant or animal was in trouble. A governor disclosed at our earlier hearing that until recently despite this notice, states havent really focused on all those nongame species that are struggling. And therefore, their status becomes critical and a source of contention. The question is then, are states focusing on them now . How much and with what resources . And how effectively . Hopefully, our state experts here today can help us appreciate the lay of the land and help us understand what the federal government needs to do to be a better partner to get this critical job done. I hate i have to say, the numbers are not encouraging. I understand that states spend about a quarter of what the u. S. Fish and Wildlife Service invests to protect endangered species listed. If we include all the federal agency spending, the collective statement investment is i think about 4 . Granted its likely means we need to invest more in our states, but it also means the states have soul searching to do. And if you need the federal agencies to back you up because you cannot carry the burden, then we need to know that. Congress always intended the this to be a collaborative effort. A host of land owners, along with business interests and conservationi conservationists. Our goal should be to make sure were firing on all cylinders. And i say these things with the greatest of respect as a recovering governor for the work that you do and the unique capacity you have to understand the challenges in your states and how best to resolve them in the partnerships you need to reach these goals. But in this particular instance, you are front and center of a fight not only for state interests but National Concern for species that are part of a natural heritage. These plants and animals travel, they disperse with little concern for our political boundaries. If you tell us its time to modernize this crucial act. Please let us know how the changes you propose will make us better equip today conserve, and to restore the plants and critters in places they call home. This isnt just our legal obligation, i think its our collective moral duty as well. Mr. Chairman, i deeply appreciate the chance to go first and i hope i have a chance to come back and be with all of you later this morning. Thank you so much. The democrats have evoked the two hour rule. This hearing will go to 11 30 this morning which is two hour after the senate gavelled so well be adjourning at 11 30. We consider feedback from state officials on the need to modernize the endangers species act, which was enacted in 1973 to conserve species identified as threatened and to conserve the eco systems upon which they depend. State government, particularly their state fish and wild life agencies play a central role in fulfilling the acts mission. Some have tried to argue that the federal government, not the states is the only entity capable of saving endangered species. And that the states should take a back seat on Wildlife Conservation for species at risk of extinction. Endangered species dont care whether the federal or State Government protects them. Combine our nations wild life state fish and Wild Life Agencyvise enhanced their staff, their expertise, their habitat management techniques, the science capability, the relationships with private land owners and local communities and political support. And again, these are the state fish and wild life agencies. According to a 2014 2015 survey of state fish and wild life agencies conducted by the association of state fish and wild life agencies, our states, wild life machine is comprise of 50,000 highly trained and motivated employees, including 11,000 degreed wild life biologists, 10,100 Law Enforcement officers, 6,000 employees with advanced degrees, 2,211 employees who inform the public. An additional 90,000 volunteers nationwide who donate their time. State governments and their wild life agencies have voiced concerns that the endangered species act isnt living up to his potential. So if counties, wild life managers, home builders, construction companies, farmers, ranchers and other stakeholders. The endangered species act, impacts us all. 99. 4 of all the counties in the United States are home to at least one species listed as endangered according to a recent analysis of service data by the National Association of counties. We must all be concern when the act isnt living up to its potential. Were fortunate that national and Regional Stakeholder groups have been working for several years in bipartisan ways to identify challenges with the environmental species act and opportunities to make the statute work better. In march of 2016 the association of fish and wild life to better promote fish and Wild Life Conservation and facilitate the participation of land owners and other stakeholders. In june of 2016, the democrat and republican western Governors Association adopted the western Governors Associations endangered specie act policy under the leadership of a wyoming governor. The association of state fish and wild life agencies the western Governors Association and other bipartisan groups consistently hit on three themes when they discussed ways to modernize the endangered species act. Conservation. How can the act better incentivize conservation activities to number one, avoid listing of species as endangered or threatens and number two. Recover species when theyre listed as endangered or threaten. Consultation. How can the act facilitate the governments consultation with state and local governments so Decision Making is made on the best availability information and state and local capacity is adequately leveraged. Capacity, how can the act provide sufficient resources to fulfill the act and allocate them to species most in need. According to feed back from across the nation and the political spreectrum. Modernization of the act could lead to Better Outcomes for species, government entities, private parties and other stakeholders. I look forward to hearing from our witnesses to modernize and strengthen the endangered species act to make it work better for wild life and for people. So wed like to hear from our witnesses starting with nick wily, the executive director of the florida fish and Wild Life Conservation commission and the president of the association of fish and wild life agencies. Good morning, chairman and Ranking Member carper and members of the committee. I appreciate the opportunity to speak with you today. My remarks will represent the views of the florida fish and Wild Life Conservation commission and the association of fish and wild life agencies. My views regarding the endangers species act are shaped by 31 years of experience as a professional wild life biologist and a state fish and Wild Life Agency administrator. During this time ive been fortunate to work in florida, where we have an amazing diversity of fish and wild life resourcess featuring a number o iconic species, including bald eagles, man aties, florida panthers, sea turtles, american crocodiles. My direct experience and work with states across the nation reflect that esa has served our National Well as a strong tool for protecting and recovering species that are on the brink of extinction. State fish and wild life agencies really value and appreciate how esa has driven many conservation success stories. We also see firsthand, however, that esa has not adapted well to the tremendous changes across our nations conservation landscape. Federal agencies do not have sufficient capacity or funding to keep pace with esa work loads resulting in delays and litigation. The esa is often viewed by private land owners and businesses with trepidation. Its troubling that the primary purpose for the esa has shifted over time from an effective focus on rescuing species from the brink of extinction to a broad brush that perpetuates the highest level of federal regulatory protection, even when the threat of extinction has been eliminated and ongoing protection is assured under state management. State fish and wildfire life Agency Directors generally believe that esa is not performing as it should and is not sufficiently leveraging state Agency Expertise and cooperation. We believe there are many areas where esa should be improved, refocused and modernized to effectively deal with the scopes scale and complexity of todays conservation challenges. When we talk about modernizing esa, we are talking about improving how esa is administered implemented and ad minstrerd. Were talking about optimizing partnerships with state agencies and better utilizing our growing expertise and conservation capacity. And were also talking about keeping esa decisions in the hands of conservation professionals at state and federal agencies rather than in the judicial system. With these concerns in mind afwla developed a list of general principles for improving esa. These principles were developed by state esa practitioners and calibrated with western Governors Association and the national Governors Association reflecting the National Scope and significance of esa. Were hopeful the ideas and recommendations presented in the general principles will inspire and provide a constructive path to an improved esa. Coupled with esa we believe addressing the life needs and habitat requirements of declining species to prevent esa listing is more prudent and more economically and biologically sound approach to managing species that are otherwise trending toward listing. Through state wildlife action plans, the state agencies have identified species of greatest conservation need and key actions needed to conserve them. We want to continue working with congress to more fully fund this preventive approach through legislation like the recovering america wildlife act introduced last congress. State fish and Wildlife Agencies want to be even more valueadded in esa implementation to the degree we each have capacity and funding authority. Were suggesting an optin approach that opens doors for the fullest cooperation with state agencies that have or will develop capacity and concurrent authority. We are not suggesting that all 50 states are ready to fully engage, but many are if we can get a seat at the table. Yet the way esa is constructed and interm ted state agencies can be involved in key decisions only at the discretion of federal agencies. Although section 6 requires maximum extent practical cooperation, this provision has never been fully realized. As the primary trustee for fish and wildlife resources, state agencies should have the option to serve of as a full jurisdictional partner in all esa processes and decisions as originally intended by congress. We believe conservation of our fish and wildlife resources particularly protecting and recovering endangered species is at the core of our american values. The current version of esa arc published much and we should be proud of this, but we cant afford to let esa rest on its laurels and continue to the time. The time is right for esa to be upgraded to a more cooperative model, and were hopeful for strong bipartisan support to move this forward. Thank you, and i welcome your questions. Well, thank you so much for your thoughtful testimony. I would like to now turn to mr. Larry voyle sze, the director of the arizona fish and Game Department and the former president of fish and Wildlife Agencies. Thank you for joining us, mr. Voyles. Thank you, chairman. [ inaudible ] thank you, chairman barrasso and Ranking Member. Im delighted to be speaking to you here today. My career has put me in a position to be able to shed light on some important aspects of the endangered species act. Ive gained the insights through a 42year career with the department, including nine years as director, and i served under three governors from both sides of the aisle, both republican and democrat. Ive also served as past president of the association of fish and Wildlife Agencies. Im a charter member on the state and federal joint task force on esa administration. I served as special detail to the u. S. Fish and Wildlife Service and im a member of the Strategy Team that convened legal scholars to recommend enhancements to the esa that would significantly improve conservation of impaired species. And hopefully so dramatically that bipartisan support in congress could be assured. School ears first surveyed state directors assessing their willingness to be more deeply involved in esa administration, and in that survey more than 90 of directors surveyed overwhelmingly and affirm their willingness. Esa is an important tool to conserve americas wildlife. It is a an act that shows, however, its age. Time to modernize the act, take advantage of the unparalleled conservation capacity of most of states fish and Wildlife Agencies. My experience with esa tells us its critically important that we strengthen the provisions in section 6 of the esa. Section 6 states in carrying out the program authorized by this act, the secretary shall cooperate to the maximum extent practical with the state. Those are clear and straightforward words, but as youll note in my written testimony not so simple in practice. Nearly 44 years after enactment, federal agencies still have not promulgated rules to guide in at ministering simple phrases. Now, what is it about that that i think makes it so important . It is important for us to foster cooperation intended by section 6 because state fish and Wildlife Agencies bring a wealth of resources and authorities that enable us to conserve endangered species far more effectively when that cooperation can be optimized. For a moment please consider what makes this true. Consider that the importance of the states to effectively care for our nations threatened and endangered species can be evaluated two ways. Quantitatively and qualitatively, and this may sound a little repetitive because the chairman already visited these numbers, but quantitatively the resources provided by states collectively are impressive and factually eclipsed that of their federal partners demonstrated by the following figures. State Wildlife Agencies own, manage or administer conservation on more than 464 million acres of land and 167 million acres of lakes, reservoirs and wetlands. State Wildlife Agencies employ nearly 50,000 people and leverage the efforts is 190,000 volunteers. States employ 11,wildlife biologists, thats nearly the entire workforce of the u. S. Fish and wild lire service and 10,000 Wildlife Enforcement officers nearly 6,000 of our employees hold advanced degrees, and states collective bungts contribute 5. 6 billion towards Wildlife Conservation annually. Cut tatively states have ac