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Support use of flexibility under the ESA, particularly whenever states are willing <br />to engage in cooperative efforts. <br />Flexibility is certainly needed in the Central Platte where scientific questions seem to <br />be more abundant than answers. Whether the USFWS and the three states will be able to <br />find the flexibility required to reach mutually acceptable goals for the Platte under the <br />ESA as currently written remains a concern. <br />Proposed Designation of Piping Plover Critical Habitat <br />The Nebraska Department of Natural Resources submitted comments on the <br />proposed designation of critical habitat for the piping plover in a letter dated August 10, <br />2001. Rather than repeat the substance of those comments here, the letter is attached to <br />this testimony. However, I do want to emphasize one comment in the August 10 letter. <br />That concerns the relationship between the proposed Platte River Recovery Program and <br />the critical habitat designation. If the three states and the Department of Interior are <br />successful in establishing a basinwide program for the Central Platte endangered species, <br />including the piping plover, designation of critical habitat for that reach would be <br />unnecessary and inappropriate. We therefore continue to urge exclusion of the Central <br />Platte from the designation. If the Service feels compelled to include that area for now <br />because the Program has not yet been established, that area should be deleted when the <br />Program is established. <br />That concludes my testimony. Thank you. I would be glad to attempt to respond to <br />any questions. <br />-8- <br />