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<br />the listing process itself was changed in important ways. The Secretary must <br />give notice and hold hearings in or near the critical habitats of proposed <br />listings, and at the time of the proposal the Secretary must specify those <br />activities that, in his opinion, would adversely affect the habitat and on <br />that account would face prohibition after the listing and habitat designation. <br />The net effect of the new listing requirements will probably be to reduce <br />significantly the rate at which new species are added to the list, at least <br />for US species. Indeed, everyone of the changes mentioned above works in <br />this direction. It is impossible to say just how much the rate will fall, but <br />an upper limit is the rate of critical habitat designations. If the economic <br />impact and local participation requirements play an important role, the actual <br />rate may be considerably less than it was in the past. (In the past 2-1/2 <br />years, critical habitats have been designated for 34 species.) <br />One can make a good argument that these changes will have little or no <br />impact on the implementation of the Act to halt or modify development projects. <br />After all, nearly 200 species are already on the list. Besides, species that <br />\J' are not on the list may be proposed for inclusion in relatively short order. <br />J\\0"~~ Though a biological assessment is required only in those areas where listed or <br />,~>~ proposed species are suspected to be present, a routine EIS may turn up speci- <br />l,\ <br />mens of a previously unsuspected species--as indeed happened with the Furbish <br />lousewort. Although it is true that the listing process will be more arduous <br />in the future, the FWS would naturally tend to commit its resources to the <br />species that face the most danger--those species about to be "developed" into <br />oblivion. <br />But there are other considerations that, on balance, appear to outweigh <br />these. First, it should be noted that although 200 US species have been <br />listed, only 34 critical habitats have been designated. The economic impact <br />requirement will make critical habitat designation and new species listing <br />much more visible and allow for more local input, and the FWS is likely to <br />find that in this environment it can no longer afford to be so risk-averse in <br />endangered species protection. Second, the 2-year limit from proposal to final <br />promulgation means that the FWS will have to be much more careful about the <br />species it proposes. (At the time of enactment of the 1978 Amendments, about <br />1800 species were proposed for listing; these proposals are now being <br />rescinded.) Experience with other agencies suggests that informal rulemaking <br /> <br />21 <br />