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7/14/2009 5:01:46 PM
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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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The Power and Potential of the Act 35 <br />pinge with increasing pressure on nonhuman species, the-need <br />for informed decisions becomes more acute. Good science must <br />be accompanied by a better public understanding of how our <br />lives touch other species-and how their well-being affects <br />our own. <br />Of course, we find our lives more complicated by this under- <br />standing. It is a blade with two edges..On one side there is a <br />temptation to administer the law through political compromise, <br />more often than not unwarranted. For example, a species con- <br />sidered to have little intrinsic merit may affect a major project <br />(such as a dam or highway) to the extent that it cannot proceed <br />without major adjustments or serious consideration of some <br />complex alternative. This can excite the interest of politicians <br />who are sensitive to the idea that human constituents are far <br />more important than any other species, especially when a spe- <br />cies does not enjoy a great deal of popularity. Protection of <br />certain fishes of the Colorado River; for example, has increas- <br />ingly come into conflict with the need for increasing exploita- <br />tion of that river. In order for the fish to survive, water must be <br />made available at the right time and in the right quantity. <br />Moreover, temperature, rate of flow, and other physical charac- <br />teristics of the river are often crucial habitat components. It is <br />difficult to know what to do: Requisite studies are expensive and <br />take many years to conduct, and water development projects- <br />or at least their proponents-cannot wait. In such a circum- <br />stance, politicians often bring intense pressure to bear upon the <br />administrators of the act, even to the extent of threatening legis- <br />lative action to "fix" the problem. Administrators, ever con- <br />scious of the power of politicians, may try to resolve the issue by <br />offering mitigation schemes designed to obviate the hazard to a <br />species with the understanding that any adverse consequences <br />to the species will be taken care of at a later time. <br />Yet to succumb to the temptation to fix the problem after the <br />fact is to admit an inability to deal with the issue now, when there <br />are many possible options. As a project moves forward; the num- <br />ber ofchoices available for mitigating the impact on a threatened <br />or endangered species becomes limited or even nonexistent. The <br />idea of finding a convenient way out today, the cost of which may <br />be extirpation or extinction, is a denial of the purpose and intent <br />of the act and establishes a dangerous precedent. <br />On the other side, some may be drawn to use the ESA's <br />
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