ABSTRACT

In an ideal world, there would be no take permits. After all, if scientific evidence indicates that a species is in danger of extinction, then a decision to allow individuals to be killed or harmed is, at least theoretically, a decision to contribute to the likelihood of that species’ extinction. There are two broad categories of take permits: scientific take permits and incidental take permits. Services personnel should therefore realize that well-written biological opinions further the overall objectives of the Endangered Species Act. Unlike environmental impact statements, biological assessments and biological opinions do not serve to compare the effects of alternatives to a proposed action. Mitigation measures are perhaps the most tangible and visible contributions of environmental compliance efforts to the environment. Their value transcends what sometimes seems to be an abstract paperwork exercise. Unpredictable mitigation requirements are an especially difficult challenge to business planning and budgeting.