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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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7O REFLECTIONS ON THE ACT <br />overriding need for economic development. With the aid of the <br />local Audubon people, a compromise was worked out whereby <br />some trees were saved and some restrictions imposed on mall <br />use in the wintering season. Alast-minute lawsuit to save the <br />trees was summarily dismissed on procedural grounds.31 The <br />police brought coffee and doughnuts to the diehards who <br />perched in the tree while the chainsaws waited patiently. The <br />protesters were arrested-vely, very gently-and undoubtedly <br />will receive little punishment for their forlorn, peaceful vigil. <br />The trees came down. <br />The mall, like the road, will be built. Whether the eagles will <br />suffer, or to what extent, cannot be known until the event. The <br />point is that the law forced all concerned to turn their attention <br />from profit to birds, because unless they could devise a plan to <br />minimize the conflict, the birds would win; and the humans <br />knew it. <br />REFLECTIOI~iS <br />Reflections on the true meaning and impact of the ESA after <br />more than fifteen years lead to mixed conclusions. On the nega- <br />tive side of the ledger,32 the act apparently is too little and too <br />late in many cases. Biologically, the California condor was sim- <br />ply too far gone from both genetic and human-related causes. <br />Worse, thousands if not millions of species worldwide are <br />doomed in any event; many will disappear through human- <br />caused habitat destruction without ever having been identified <br />or classified. Economically, endangered species protection is <br />expensive, an inevitable concommittant of remediation instead <br />of prevention. Politically, it is too easy for federal agencies to <br />water down legal requirements in freshets of high-sounding <br />phrases. Legally, the ESA remains a limited remedy in spite of <br />its strictness. It is too narrow, focusing primarily on single spe- <br />cies in single situations. It does not kick in until the population <br />level of a species is at the danger point, and politics can obstruct <br />listing even when the danger is clear: <br />A general federal wildlife protection law or a general "ecosys- <br />tem" approach may not be a panacea either. But if we are to <br />transform our noble (quixotic?) legislative goal into reality, <br />some broader form of protection seems necessary. Human land <br />
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