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Last modified
7/14/2009 5:02:28 PM
Creation date
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UCREFRP
UCREFRP Catalog Number
4200
Author
Potter, J. C.
Title
Remarks Before The Colorado Water Congress, Denver, Colorado, February 23, 1984.
USFW Year
1984.
USFW - Doc Type
February 23, 1984.
Copyright Material
NO
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•. -. <br />3 <br />For instance, the nature of the fish themselves seems to be thoroughly <br />misunderstood. I'm not going to stand r to tell ou that these <br />are pretty fish. The a era Government can put a shuttle in space, it <br />can won arrange a face-lift for any fish. On the other hand, <br />however, I am appalled when I see an article like the editorial which <br />appeared in a local newspaper stating that these fish are so tiny and so <br />obscure that they in most cases cannot be seen by the ordinary viewer. <br />And that they exist only in deep canyons of the Upper Colorado in places <br />that are so remote as to be totally inaccessible by man. That's simply <br />not the case. These are sizeable fish and in some cases quite accessible. <br />But this illustrates well some of the misunderstanding about the issues <br />and about the requirements of law under the'Endangered Species Act -- and <br />the amount of flexibility that some people believe the Federal Government <br />has. <br />It is no secret that when the Congress of these United States passed the <br />Endangered Species Act into law, most of our lawmakers were concerned about <br />the plight of such species as our national symbol, the bald eagle, or <br />dramatic creatures like the peregrine falcon or California condor. Big <br />stuff. Critters most people could relate to and have some real concern <br />About. But we all know what happened. Along came things like the snail <br />darter and the Furbish lousewort, and a lot of folks had a good laugh, and <br />a few folks didn't. They were having a major headache because some strange <br />little species that maybe a dozen university professors had ever heard of <br />before was now holding up a big Federally funded project. Well, Congress <br />amended the Endangered Species Act and made it somewhat more flexible. <br />But, in fact, it is still a little rigid in some cases, and its legal <br />processes sometimes seem like molasses on a January morning. But the <br />Endangered Species Act is a Federal law. It is still the_law of th;? <br />land. You can make some jokes about it but you can't scoff at it and you <br />can t-ignore it. It must be obeyed, as Tong as it is a law. And as long <br />as it is, my job is to be sure that it is applied fa'rii _9rQperly. I'll <br />promise you this: we are making?cery effort to see that this pc?wPrfu7 1a1v <br />is used ro erl a that ' t another Lega-LAaaeuver--in-a <br />Pro ectioni bag a f +r?rJrs -- it'c not that wav It's the law, and <br />we will not allow it to be used frivolously or cynically, but we use it <br />when we must, when we know it is the proper thing to do, when the intent <br />of Congress is clear. <br />For instance, the number of jeopardy opinions issued under the Endangered <br />Species Act since 1981 has been rather limited. But jeopardy opinions, in <br />fact, have always been pretty rare, making up only a small percent of the <br />Fish and Wildlife Service Endangered Species Act opinions. More often than <br />not, development can proceed in accord with biolo ical needs. I note this <br />to emphasi-ze that the goal of the Fish and Wildlife Service is to cooperate <br />productively with development, even though it might not always seem that <br />way to you.
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