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<br />Shortly after its listing as an endangered species, several individuals were <br />stolen and others damaged.* Even so, one must wonder what kind of protection <br />can be offered to species whose location cannot even be revealed. <br />D. Conclusion <br />Section 7 of the Endangered Species Act of 1973, designed to protect <br />"critical habitat" of endangered species, was a very effective policy for two <br />reasons. First, it gave preservation of species overriding importance, in a <br />local setting, over other policy objectives. Second, the listing of new spe- <br />cies and critical habitat designations were administratively simple enough to <br />allow endangered, but as yet unlisted, species to be protected from the con- <br />sequences of development almost to the extent that listed species are. <br />The price of this effectiveness had a very large, putative impact on <br />economic development projects, though so far this impact has been more poten- <br />tial than actual. Although it is unknown how many projects were altered or <br />abandoned in the planning stages as a result of uncertainties regarding the <br />imp1ementa tion of the Act, we do know that a sma 11 number of important and <br />highly visible cases were significantly affected. Most of the affected <br />projects involved water resource development. <br />The 1978 Amendments sought to modify both these features of endangered <br />species protection policy, adding a procedure by which exemptions from the Act <br />could be obtained (the Endangered Species Committee) and more stringent <br />requirements for the listing of new species and their critical habitats. For <br />reasons given in Section III, the Endangered Species Committee probably will <br />not materially affect the implementation of the Act or ameliorate its impacts <br />on development projects. The altered listing requirements, however, may have <br />an important weakening effect, although this is by no means certain. In short, <br />it appears that the Act will retain much of its effectiveness as well as its <br />potential for disrupting development projects notwithstanding the 1978 <br />Amendments. <br />Having said that, it must also be acknowledged that the Endangered Species <br />Act is not the only--nor probably the most significant--restriction on develop- <br />ment, though it may of course be the most important issue in any particular <br />case. In the argot of the Act, those who claim otherwise ensure that their <br />actions do not jeopardize the continued existence of the red herring. Water <br /> <br />*Endangered Species Technical Bulletin, v. 3, no. 5 (May 1978). <br /> <br />23 <br />