Water Management Symposium 1994 Report

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species, the group concluded. "Encouragement" should include increased funding. is Section 7 Consultation Section 7 consultations should provide the opportunity for states and affected parties to offer comments and alternative approaches within reasonable time frames. To the extent that FACA represents an obstacle in this regard. an ESA exemption should be expressly provided, or FACA should be amended. Incentives to Promote Proactive Efforts The group agreed that more funding should be provided for work on candidate species. The incentive for states and others to participate in cooperative management arrangements would be enhanced to the extent that certainty were improved regarding the finality of the recovery plan (i.e., Babbitt's new "a deal is a deal" directive), the presence and exercise of definite de- listing criteria, and the reasonableness and likely success of the recovery measures imposed. There must be positive incentives provided to elicit the support of affected parties in efforts to conserve and protect endangered or threatened species. In this regard: (1) there needs to be wider latitude or greater flexibility for habitat conservation plans; (2) existing federal programs should be modified to enhance protection efforts, e.g., the Conservation Reserve program; (3) tax laws should be reformed to remove disincentives, and tax breaks should be provided for conservation efforts; (4) there should be direct funding provided through various programs, particularly agricultural programs, as further incentive. The above measures should apply to candidate species, as well as listed species. "Takings" provisions The definition of "take" should exclude de minimus effects incidental to lawful action. Distinction between Endangered and Threatened Species Congress should reaffirm the distinction between endangered and threatened species. Specifically, section 4(d) should be clarified to assure that state conservation and other plans can 0