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<br />reservoir, it found that in the meanwhile, in 1988, the u.s. Fish and <br />Wildlife Service had listed the Concho water snake as threatened. <br />That listing was based on three brief studies, which found an <br />insignificant number of snakes. The Service believed, based on this <br />limited data, the Concho snake could not survive in flat water. <br />However, as early as 1988, snakes had been located in existing <br />reservoirs. <br />To obtain its ~ 404 permit to build the reservoir, the District <br />had to agree to make downstream water releases, employ a biologist, <br />together with supporting personnel, study the occurrence and life <br />cycle of the snake; and contract with an herpetologist to conduct <br />habitat studies pursuant to a five year contract costing at least <br />$500,000 dollars. Within four years after the issuance of the ~ 404 <br />permit, the staff had found at least 4,000 snakes, each of which has <br />been injected with a distinct computer chip. The reservoir was filled <br />in March 1990, and numerous baby snakes have been found, which were <br />born in the new reservoir. <br />While I believe it would be appropriate to retain the requirement <br />that listings of species be based solely on biology, to ensure the <br />scientific integrity of the species Listing Process and the <br />designation of critical habitat, the Act should be amended to require <br />that data be field tested where feasible, require more detailed <br />findings for listings, require scientific peer review of proposed <br />listing and critical habitat designation decisions, and ensure that <br />the definitions and listing of species and subspecies are based on <br />modern scientific procedures. The listing of a species impacts not <br />just economic development, but also can affect state wildlife <br />management programs. The Colorado Division of Wildlife is spending <br />at least $750,000 annually on the endangered species in the Colorado <br />River. <br />Currently, virtually any agency or any private party can petition <br />the u.s. Fish and Wildlife Service to list an species or subspecies. <br />In the future, the Listing Process needs to be more restrictive, <br />including requiring those who propose listing to share with the <br />listing agency the cost of collecting the best scientific data to <br />support listings and critical habitat decisions, and developing <br />verified listing justifications. <br />One of the key mechanisms implementing the Act is the Section 7 <br />consultation process. We heard earlier from Patrick Parenteau that <br />no federal agency may allow an action funded, authorized, or carried <br />out by the agency to jeopardize a listed species or result in the <br />destruction or adverse modification of critical habitat, unless <br />allowed by the God committee. In the case of Animas-La Plata Project, <br />a Section 7 jeopardy opinion was issued by the U.S. Fish and Wildlife <br />Service just days before the scheduled groundbreaking of the Project <br />in May 1990. The Service perceived a threat to the Colorado Squawfish. <br />in the San Juan River from the depletion of flows in that river. The <br />San Juan River, however, was not considered to be significant for the <br />recovery of Colorado Squawfish in its proposed recovery plan until the <br />meeting of the Recovery Plan Team, consisting of both Upper and Lower <br />Basin biologists, one month before the jeopardy opinion was issued. <br />It took nearly one year to get a copy of the minutes of that meeting, <br />and it is my recollection that several of the team members were not <br />present at the meeting, but a decision was made on the importance of <br /> <br />75 <br />