Friday, August 18, 2006

Bald eagles in Texas not as important as new housing development

In the linked section of Monday, August 14th Federal Register, permits for direct and indirect "take" of the bald eagle and the Houston toad are extended for additional development in Bastrop County, TX.

Endangered Species Act of 1973, states: The term "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.

The relevant authority that is quoted in pursuit of the housing developments states: any taking otherwise prohibited by section 9(a)(1)(B) if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.

So, since the building of 46 subdivisions in Texas, so long as the intention of the development is not to destroy, harass, etc., and any "take" is incidental to such activity they are exempted from the restrictions of the Act.


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