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Compliance with Federal Fish and Wildlife Regulations

Compliance with Federal Fish and Wildlife Regulations. Robert R. Harms Nebraska Field Office U.S. Fish and Wildlife Service. Topics for Discussion. Federal Regulations Importance Your responsibilities Examples. Federal Regulations. Fish and Wildlife are a public resource

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Compliance with Federal Fish and Wildlife Regulations

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  1. Compliance with Federal Fish and Wildlife Regulations Robert R. Harms Nebraska Field Office U.S. Fish and Wildlife Service

  2. Topics for Discussion • Federal Regulations • Importance • Your responsibilities • Examples

  3. Federal Regulations • Fish and Wildlife are a public resource • Endangered Species Act (section 7) • Fish and Wildlife Coordination Act • Migratory Bird Treaty Act • U.S. Fish and Wildlife Service administers

  4. Endangered Species ActSection 7 • Federal agency actions • Authorized • Funded • Carried out

  5. Endangered Species Act, Section 7 • Federal grants • CDBG • HOME • Triggers ESA (Federal nexus)

  6. Endangered Species ActSection 7 Requirements • Prohibits Federal grant from resulting in: • Jeopardy (extinction) to listed species • Destruction or adverse modification to critical habitat • Required Section 7 consultation • Measures to avoid impacts

  7. Fish and Wildlife Coordination Act • Federal Water Development Projects • Corps permit

  8. Fish and Wildlife Coordination Act • Requires evaluation of fish and wildlife impacts • Avoid, minimize, mitigate • Discretion

  9. Migratory Bird Treaty Act • Applies to everyone • Avoid “take” of migratory birds • Chicks • Eggs • Adults • Parts thereof • Tree clearing

  10. Successful FWS Involvement • Early review • Whole and complete project • Follow the process • Apply the results

  11. Early Review • Pre-development involvement • 3-6 months in advance (surveys) • 30 day turn-around time for responses • 135 days (Formal section 7 consultation)

  12. Whole and Complete Project • Describe the whole and complete project • Other project components (the “but for” test) • Borrow sites • access roads • artificial lighting • Etc. • Essential to assess direct and indirect impacts

  13. Follow the Process • Letter from you to FWS triggers review • Whole and complete project • Don’t procrastinate • FWS responds with a technical assistance letter • Species list • Recommended project conditions • FWCA • MBTA

  14. Apply the Results • You incorporate any conditions in FWS letter as grant conditions • You reply to FWS with determination of affect and confirm inclusion of conditions • FWS concurs • Section 7 consultation is concluded • Include other MBTA and FWCA conditions

  15. Correspondence Requests for project reviews should be sent to: Steve Anschutz U.S. Fish and Wildlife Service Federal Building 203 West Second Street Grand Island, NE 68801

  16. Practical Exercise #1 A local entity is likely to receive a Federal grant to support a new housing development in north Lincoln. But the Salt Creek tiger beetle is about to become a federally endangered species with a critical habitat designation soon to come, and they are found nearby. What do you need to do?

  17. What’s the whole and complete project? What might be some grant conditions?

  18. Practical Exercise #2 The Arch foundation just received word that they may receive federal funds for development, and a new interchange is imminent. But designated critical habitat for the whooping crane is less that a half mile away. What now?

  19. What’s the whole and complete project? What are some grant conditions?

  20. Summary • ESA, FWCA, MBTA • Why? • What you need to do • Early review • Whole and complete project • Follow the process • Condition the grant • Examples

  21. Where to Get More Information • FWS web page • NGPC web page • Contacts for additional information • Robert Harms, FWS, 308-382-6468, extension 17 • Jeff Runge, FWS, 308-382-6468, extension 16 • Nongame and Endangered Species Conservation Act • Troy Rahmig, NGPC, 402-471-5444

  22. Questions?

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