
From the WP: INTERIOR SECRETARY Dirk Kempthorne held true to the letter of the law in the Endangered Species Act and announced yesterday that the polar bear will be listed as a "threatened" species. Its habitat -- Arctic sea ice -- is disappearing because of global warming. This is the most significant acknowledgment yet by the Bush administration of the impact of climate change. But this good news for the bear is a potential regulatory nightmare that Mr. Kempthorne tried to avoid.
There is one overarching rule that guides the decision on whether to add a species to the "threatened" or "endangered" list: The decision must be reached "solely on the basis of the best scientific and commercial data available." Economic and political considerations must not influence the ruling from the interior secretary. Kempthorne called the Endangered Species Act "perhaps the least flexible law Congress has ever enacted."
Mr. Kempthorne said the decision was based on three findings. "First, sea ice is vital to polar bear survival," he said. "Second, the polar bear's sea-ice habitat has dramatically melted in recent decades. Third, computer models suggest sea ice is likely to further recede in the future." Under the act, a recovery plan must be devised and critical habitat designated to save the polar bear.
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