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A more effective ESA should incorporate the following concepts: <br />Respect the Primacy of State Water Law- State water law is a complex matrix that <br />often establishes property rights to water. The ESA must be clarified to ensure that the <br />Act is in harmony with and clearly recognizes the primacy of state water law. <br />Utilize Good Science- The law requires that every ESA action must be based on <br />scientific information on a species or its habitat. To ensure fair and sensible decision - <br />making, this information must be accurate and as thorough as possible. Scientific <br />information can be improved by requiring minimum scientific standards and fair, <br />independent, and impartial peer review. <br />Support Equitably Shared Burdens- The ESA itself calls for "encouraging" states and <br />private parties through a system of incentives to implement a program to conserve <br />species "for the benefits of all citizens ". Contrary to this statement, ESA implementation <br />often has been heavy- handed and inflexible, and the burdens of conservation have been <br />placed disproportionately on private landowners and small and rural communities. If all <br />citizens benefit from species conservation, then all citizens should help bear the costs <br />even handedly! <br />Be Fair to Property Owners- Some ESA mandates have severely restricted the use and <br />value of private property. When severe restrictions occur without compensation by the <br />federal government, the Act shifts costs and burdens to individuals and businesses that <br />should be shared by all citizens. The ESA must be modified to prevent these inequities <br />and encourage landowners to welcome protection of these species. Specifically, when <br />private property is preserved in habitat conservation plans, the landowner must be <br />compensated in a timely fashion. <br />Establish Cost Effective Recovery Plans- Recovery plans are expensive to implement. <br />Many of the costs are the direct expenses and lost opportunities of private parties and <br />state and local governments. Costs to non - federal parties should be minimized by <br />requiring implementation of the least costly recovery plan that would achieve the <br />recovery of the species. <br />Provide Incentives to Conserve Habitat- ESA restrictions apply when land or water <br />serves as habitat for endangered species. To avoid ESA regulation, some property <br />owners have destroyed habitat to discourage the entry of protected species. The Act <br />should be amended to provide incentives for property owners to conserve, rather than <br />destroy, habitat and to provide regulatory certainty to property owners who voluntarily <br />participate in conservation plans. <br />Encourage Public Participation- Private citizens, businesses and communities, <br />especially those directly affected by conservation decisions, should have a prominent role <br />in the ESA decision - making process. The Act should provide for earlier and more <br />meaningful opportunities for citizens to participate, more citizen involvement in recovery <br />7 <br />