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<br />OOlG37 <br /> <br />species, the group concluded. "Encouragement" should include increased funding. <br /> <br />" <br /> <br />Section 7 Consultation <br /> <br />Section 7 consultations should provide the opportunity for states and affected parties to <br />offer comments and alternative approaches within reasonable time frames. To the extent that <br />F ACA represents an obstacle in this regard, an ESA exemption should be expressly provided, or <br />F ACA should be amended. <br /> <br />Incentives to Promote Proactive Efforts <br /> <br />The group agreed that more funding should be provided for work on candidate species. <br /> <br />The incentive for states and others to participate in cooperative management <br />arrangements would be enhanced to the extent that certainty were improved regarding the finality <br />of the recovery plan (i.e., Babbitt's new "a deal is a deal" directive). the presence and exercise of <br />definite de-listing criteria, and the reasonableness and likely success of the recovery measures <br />imposed. <br /> <br />There must be positive incentives provided to elicit the support of affected parties in <br />efforts to conserve and protect endangered or threatened species. In this regard: <br /> <br />(1) there needs to be wider latitude or greater flexibility for habitat conservation plans; W <br /> <br />(2) existing federal programs should be modified to enhance protection efforts, e.g., <br />the Conservation Reserve program: <br /> <br />(3) tax laws should be reformed to remove disincentives, and tax breaks should be <br />provided for conservation efforts; <br /> <br />(4) there should be direct funding provided through various programs, particularly <br />agricultural programs, as further incentive. <br /> <br />The above measures should apply to candidate species, as well as listed species. <br /> <br />"Takinl!s" provisions <br /> <br />The definition of "take" should exclude de minimus effects incidental to lawful action. <br /> <br />Distinction between Endanl!ered and Threatened Species <br /> <br />Congress should reaffirm the distinction between endangered and threatened species. <br />Specifically, section 4( d) should be clarified to assure that state conservation and other plans can <br /> <br />6 <br />