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Last modified
7/14/2009 5:02:30 PM
Creation date
5/20/2009 5:14:13 PM
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UCREFRP
UCREFRP Catalog Number
7393
Author
Harrington, W.
Title
Endangered Species Protection and Water Resource Development.
USFW Year
1980.
USFW - Doc Type
LA-8278-MS,
Copyright Material
NO
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<br />procedures usus lly take more than 2 years to complete. * Third and probably <br />most important, with the new requirements it will take considerably more agency <br />resources to produce one listing, but the authorized appropriations were not <br />expanded to take into account the increased load. <br />The very limited experience since passage of the 1978 Amendments tends to <br />support these assertions. Except for the Te llico and Grayrocks Dams, whose <br />consideration by the Endangered Species Committee was mandatory, only one ex- <br />emption has been sought: the Pittston Refinery in Eastport, Maine. This <br />refinery is subject to the Endangered Species Act because of the necessity of <br />obtaining an effluent discharge permit from the Environmental Protection Agency <br />(EPA). In December 1978, the FWS issued a biological opinion that the comple- <br />tion of the project would jeopardize the continued existence of the bald eagle <br />in Maine. EPA accordingly denied the permit. After Pittston applied for an <br />exemption in January 1979, all parties agreed to a 90-day suspension of the <br />exemption process so that another consultation, in search of a compromise, <br />could be perfonned. In May, however, the FWS reaffirmed its earlier conclu- <br />sion, and the Review Board resumed its processing of the exemption application. <br />Immediately, several environmental groups sued to halt the proceedings claiming <br />that EPA's internal appeals procedure had not been exhausted.** Thus Pittston, <br />which had first applied to EPA for a permit in early 1978, must go through an <br />EPA appeals procedure lasting several months (the outcome of which is a fore- <br />gone conclusion) before further action can be taken on its exemption applica- <br />tion. This experience is not likely to make developers particularly eager to <br />seek exemptions from the Endangered Species Committee. <br />The new listing procedures have resulted, through July 1979, in the addi- <br />tion of only three new species to the endangered species list, and for none <br />was a critical habitat designated. This allowed the FWS to avoid the public <br />hearing and economic impact requirements stipulated by the Amendments. The <br />failure to designate critical habitat was justified by a need to restrict in- <br />fonnation on the location of the species thereby preventing their "taking." <br />This is no idle concern as evidenced by the experience with the Virginia round- <br />leaf birch thought to be extinct since 1914, but recently rediscovered. <br /> <br />*See Magat et al. (1978), especially Appendix I. <br /> <br />**Endangered Species Technical Bulletin, v. 4, nos. 3 and 7 (March and July, <br />1979) . <br /> <br />22 <br />
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