8020

• UCREFRP Catalog Number: 8020
• Author: Horak, G. C.
• Title: Proceedings of the Symposium on Mitigating Developmental Impacts on Fish and Wildlife.
• USFW Year: 1979.
• USFW - Doc Type: March 1979.
• Copyright Material: NO

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past, public objections could only be voiced when a situation was severe
enough, because the public had no way of knowing what should be provided
routinely for fish and wildlife.' Public hearings and annual reports pro-
vided by sponsoring agencies would provide the public with infOrmation on
performance. If measures are inadequately formulated, reviewed, or im-
plemented the public can express its opinion based on fact and take ap-
propriate action.
When conditions warrant, the public should be empowered to bring
their grievances to the attention of the federal courts if standard
criteria are not met for fomulation, bargaining, and performance. The
courts should be allowed to award costs of litigation to any private or
state entity. For example, in the event that grievances are substantiated,
the courts could order the sponsoring agency to halt project construction
and accelerate the implementation of fish and wildlife measures. Such
penalties would act as incentive to the fish and game agencies and sponsor-
ing agencies as well as environmental groups to oversee and participate in
fish and wildlife action. Presently, fish and wildlife interests have little
incentive to bring suite against sponsoring agencies for violations of FWCA
because the penalties imposed would have no significant effect on project
operation. The current FWCA imposes a penalty of a $500 fine and/or a prison
sentence of one year for any individual who does not comply with the provisions
of the Act. No one has ever been convicted.
Many of these recommendations have been incorporated into Mr. Oberstar's
bill, H.R. 8161, Amendments to the Fish and Wildlife Coordination Act as well
as the Secretary of Interior's draft regulations to carry out the provisions of
FWCA. The regulations are sorely needed because they are the first to be pro-
mulgated under the Act. For instance, these regulations could clearly define
when particular actions should take place and then specify qualitative and

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