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UCREFRP
UCREFRP Catalog Number
7749
Author
Kohm, K. A., ed.
Title
Editor
USFW Year
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USFW - Doc Type
1991
Copyright Material
YES
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34 REFLECTIONS ON THE ACT <br />about its intractability, its inconvenience, and its resistance to <br />the application of practical interpretation have been demon- <br />strated to be without merit. For instance, Section 7 of the act <br />requires federal agencies to "consult" with the U.S. Fish and <br />Wildlife Service to determine whether actions proposed by an <br />agency will lead to the "jeopardy" of any listed species. These <br />consultations, more often than not, have resulted in minor ad- <br />justments to a proposed action in order to accommodate the <br />needs of a species. Some consultations take months of discussion <br />among experts; most, however, are concluded with a telephone <br />call or exchange of letters. <br />In recent years, the act's influence has resulted in innovative <br />solutions that have sparked the enthusiasm of everyone- in- <br />volved. Ahousing development in California that might have <br />eliminated a rare butterfly -was changed to accommodate the <br />needs of the insect. The developer has emphasized and exploited <br />his commitment to this idea, and residents of the new develop- <br />ment are proud of their co-dwellers. <br />The strength of the act has been tested many times but re- <br />mains unwavering. The means by which the act is carried out, <br />however, have been changed-and in most cases ought to have <br />changed. Laws which provide little room for flexibility, or which <br />are applied without an opportunity for the public to understand <br />them and shape their nature, are doomed in the long run. Yet in <br />spite of its strength, the act is vulnerable; its armor is not seam- <br />less. It is vulnerable to political intervention and to decisions <br />that are based on political expediency rather than what is best <br />for a species. It is not easy to resist the pressure to make special <br />arrangements to allow the advance of a project. Proponents may <br />justify such accommodations on the grounds of national secu- <br />rity, overwhelming national economic interests, or the clearly <br />superior need demonstrated by the very merits of a proposal. <br />The administrator of the act is always conscious of the possi- <br />bility of powerful forces effecting a change in the act that may <br />have shattering future consequences. One is always aware of <br />the need to strike a balance, to proceed with caution, to accom- <br />modate today in order to prevail tomorrow. Yet the act has <br />been honed and polished in such a way that it need not be <br />compromised. Its strength will grow because the credibility of <br />what it stands for will be enhanced. As life becomes more com- <br />plicated and the burgeoning needs of the human species im- <br />
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