Endangered Species Act. The Federal Endangered Species Act of 1973 (ESA), as amended, prohibits the “take” of species listed as threatened or endangered. The definition of take includes activities that harm or harass individuals of a listed species. Modification of forest habitat (e.g., killing or felling of trees) occupied by a listed species can be considered take if it leads to the harm or harassment of individuals of the species. Snag and log creation activities on project lands will need to be conducted in a manner that does not result in take. Project lands with the potential to support listed species will be checked for such presence prior to any snag or log creation, and legacy wood management activities will be adjusted as needed to avoid impacts if a listed species is present.
Endangered Species Act. 19. USFWS and the other Parties recognize that it will be necessary for FERC, pursuant to § 7(a) of the ESA, to engage in formal consultation with the USFWS regarding certain listed species and the habitat of such species before it may issue a new license for the Xxxxx Fork Projects. The Parties further recognize that in the course of such consultation USFWS has an obligation under that statute to determine whether the relicensing of the Xxxxx Fork Projects is likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat and, if so, to propose to FERC those “reasonable and prudent” alternatives which USFWS believes would not violate the ESA and can be taken by FERC or Avista. By its execution of this Agreement USFWS is not waiving its authorities, rights or obligations under the ESA. The USFWS does believe at this time that the terms of this Agreement are consistent with the conservation of listed species. If, for whatever reason, the USFWS, following formal consultation, does submit to FERC reasonable and prudent alternatives which would be materially inconsistent with or additive to the terms of this Agreement, any Party may withdraw from this Agreement. If USFWS determines that any of the reasonable and prudent alternatives they propose would be materially inconsistent with this Agreement, they will afford the Management Committee (to be established under Paragraph 26 of this Agreement) 90 days to discuss and consider such alternatives.
Endangered Species Act i(b)(1) Section 7/Critical Habitat The potential issuance of an enhancement of survival permit that is associated with a CCAA is a Federal action that is subject to the consultation provisions of section 7 of the Act. Section 7(a)(2) of the Act requires all Federal agencies to ensure that "any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification" of designated critical habitat. The section 7 implementing regulations (50 CFR Part 402) require, among other things, analysis of the direct and indirect effects of a proposed action, the cumulative effects of other activities on listed species, and effects of the action on any designated critical habitat. Compliance with section 7 of the Act is the Federal agency's responsibility, not the property owner’s (i.e., not the applicant's). The Service must, therefore, conduct an intra-Service (or internal) consultation or conference to ensure that issuance of the permit is not likely to jeopardize any listed species or destroy or adversely modify designated critical habitat. The Service will not enter into a CCAA unless the threats to and requirements of the covered species are well enough understood that we can determine that implementation of the conservation measures will be beneficial to the covered species and will not adversely affect listed species or critical habitat. The Service may enter into a CCAA if the information gaps related to the requirements of the covered species can be adequately addressed by incorporating adaptive management principles into the CCAA. Intra-Service consultations and conferences consider the effects of the Service’s actions on listed, proposed, and candidate species. Candidate species are treated as if they are proposed for listing for purposes of conducting an intra-Service section 7 conference. Although including candidate species in the Service’s section 7 compliance efforts is not required by law, and therefore only advisory in nature, it is the Service’s policy (March 1998 Consultation Handbook) to consider candidate species when making natural resource decisions. Therefore, candidate species and other unlisted species covered by a CCAA will be considered during section 7 conferencing. It is important to note that this includes covered, declining species that are not official candidates, because formal intra-Service confere...
Endangered Species Act. Through cooperation, the signatories to this Settlement Agreement have developed a Rare, Threatened and Endangered Species (RT&E) Species Plan for the Project, which includes measures for the management of RT&E species in the Project Area. By the signing of this agreement, the USFWS and NMFS each represents that it believes the measures required by the Settlement Agreement will protect RT&E species and that it intends to issue a Biological Opinion (BO) consistent with such measures. This Settlement Agreement is in no way intended to compromise the authority of the USFWS and their determination of conditions for compliance with the Endangered Species Act (ESA), 7 U.S.C. §136; 16 U.S.C. §1531 et seq., or preclude any standard conditions pursuant to applicable law. In the event that a BO is issued that is inconsistent with this Settlement Agreement, with the exception of the above stated conditions, any signatory to this Settlement Agreement may withdraw after discussion as described in Section 4.b. Implementation Commitments of Parties By the signing of this Settlement Agreement, signatories are expressing their support for the components herein (in some cases, as resolutions that may be less than they desire, but nevertheless representing compromise positions that they “can live with”), and the incorporation of these components into the new license issued by the Commission. Once the Settlement Agreement is signed, all signatories will support this Settlement Agreement in all public communications regarding the relicensing of the Saluda Hydroelectric Project. Within 30 days after the draft National Environmental Policy Act (NEPA) document is issued, SCE&G will convene a meeting with the signatories to determine if the document is consistent with the terms of the Settlement Agreement. Should the NEPA document be inconsistent with the Settlement Agreement, the parties will work cooperatively to develop appropriate responses to address the inconsistencies. SCE&G will convene a meeting within 14 days after the issuance of a new license to review the license conditions for consistency with the terms of the Settlement Agreement. Should the license be inconsistent with the Settlement Agreement, the parties will work cooperatively to develop appropriate responses to address the inconsistencies. All signatories believe that this Settlement Agreement is consistent with all applicable laws and regulations. However, nothing in this Settlement Agreement is intended to ab...
Endangered Species Act. The ESA (16 USC 1531-1543) has strict permit requirements for the handling of threatened and endangered species (listed species). Permitting requirements apply (with a few exceptions) for any species listed as threatened or endangered. A Migratory Bird Rehabilitation Permit (see above) authorizes the recovery, temporary possession, transport, and rehabilitation of oiled threatened and endangered species of migratory birds with no additional ESA permits required. In the event of an oil spill or hazardous substance release, the ESA must be considered in the development of federal response activities and actions during an oil spill response (Section 4314 of NWACP). As the spill response occurs, the FOSC must consult with the natural resource trustees as laid out in Section V.B of the Inter-agency Memorandum of Agreement Regarding Oil Spill Planning and Response Activities under the Federal Water Pollution Control Act’s National Oil and Hazardous Substances Pollution Contingency Plan and the Endangered Species Act (ESA MOA). The Environmental Unit, as outlined in the ESA MOA, will address ESA Section 7 Consultation requirements. However, the Wildlife Branch will be instrumental in documenting the effects of response actions on listed species. Coordination between the Wildlife Branch and the Environmental Unit is critical to accomplishing this task. Deterrence actions may be utilized by the Wildlife Branch to keep unoiled wildlife away from oil. No federal permits are required for non-lethal deterrence of migratory birds (50 CFR 21.41). However, this exemption does not apply to eagles and endangered species. The ESA does not specifically authorize deterrence and preemptive capture of endangered species. The Wildlife Branch, in consultation with the appropriate trustee agencies, may develop response strategies for deterrence and preemptive capture of endangered species for a specific spill incident. “Take” of endangered species resulting from approved response actions will be deemed incidental to the primary action of the spill response and will be covered by the ESA Section 7 Emergency Consultation process, unless otherwise authorized by a permit. Oil spill–related deterrence actions that involve southern resident killer whales are subject to the MMPA and the ESA. There is a contingency under the MMPA that gives a waiver for the “take” of marine mammals by federal or state employees for the health and safety of the animals or for human safety. There is no suc...
Endangered Species Act a. Limitation to Aquatic Species: These Principles apply only to aquatic species affected in the Bay-Delta Estuary.
Endangered Species Act. The ESA is intended to protect and conserve species listed as endangered or threatened, and to conserve the habitats on which they depend. The ESA also mandates that all Federal agencies seek to conserve endangered and threatened species and use their resources and authorities to further such purposes.
Endangered Species Act. Through cooperation, the signatories to this CRSA have developed Minimum Flow and Downstream Flow Fluctuations Adaptive Management Plans (AMPs) (attached as Appendix A-3 and Appendix A-2) for the Project, which include measures for stabilizing flows downstream of the Project in an effort to improve spawning conditions for several species of fish, including anadromous American shad, as well as striped bass and shortnose xxxxxxxx (Congaree River population). By the signing of this agreement, the USFWS and NMFS each represents that it believes the measures specified by the CRSA will protect rare, threatened and endangered (RT&E) species and that it intends to issue a Biological Opinion (BO) consistent with such measures. This CRSA is in no way intended to compromise the authority of the USFWS and NMFS and their determination of conditions for compliance with the Endangered Species Act (ESA), 7 U.S.C. §136; 16 U.S.C. §1531 et seq., or preclude any standard conditions pursuant to applicable law. In the event that a BO is inconsistent with this CRSA, the agency issuing the BO may withdraw after discussion as described in Section 4.2.6.
Endangered Species Act. The Endangered Species Act (ESA) of 1973 requires Federal Agencies such as EPA to ensure, in consultation with the U.S. Fish and Wildlife Service (Service) that any actions authorized, funded, or carried out by the Agency (e.g., EPA issued sewage sludge permits requiring compliance with the conditions in the Part 503 regulations) are not likely to adversely affect the continued existence of any federally-listed endangered or threatened species or adversely modify or destroy critical habitat of such species (see 16 U.S.C. 1536(a)(2), 50 CFR Part 402 and 40 CFR Subpart 122.49(c)). Accordingly, sewage sludge final reuse and disposal activities that are likely to adversely affect species are not eligible for permit coverage under this sewage sludge general permit. To be eligible for coverage under the sewage sludge general permit, applicants are required to review the list of species and their locations and which are described in the instructions for completing the application requirements under this permit. If an applicant determines that none of the species identified are found in the county in which the TWTDS, surface disposal site, land application site or MSWLF is located, then there is no likelihood of an adverse effect and they are eligible for permit coverage. Applicants must then certify that their operation is not likely to adversely affect species and will be granted sewage sludge general permit coverage 48 hours after the date of the postmark on the envelope used to mail in the notification. If species are found to be located in the same county as the TWTDS, surface disposal site, land application site, or MSWLF then the applicant next must determine whether the species are in proximity to the sites. A species is in proximity if it is located in the area of the site where sewage sludge will be generated, treated, reused or final disposed. If an applicant determines there are no species in proximity to the potential sites, then there is no likelihood of adversely affecting the species and the applicant is eligible for permit coverage. If species are in proximity to the sites, as long as they have been considered as part of a previous ESA authorization of the applicant’s activity, and the environmental baseline established in that authorization is unchanged, the applicant may be covered under the permit. For example, an applicant’s activity may have been authorized as part of a section 7 consultation under ESA, covered under a section 10 permit, or h...
Endangered Species Act. In selecting recommended habitat expansion action(s) the Licensees shall consider the potential of the action(s) to cause incidental take of listed species or the destruction or adverse modification of critical habitat under the ESA and shall favor action(s) with little or no effect on listed species. In the event, however, that a habitat expansion action(s) is recommended and approved that has the potential to affect listed species and/or critical habitat, the Signatories agree that compliance with the ESA shall be achieved as set forth in this Paragraph.
