DBE/SBE Certified
THREATENED OR ENDANGERED SPECIES
Why Survey for Endangered Species?
Laws and Regulations
The Endangered Species Act of 1973, as amended (the
Act), provides for significant protection of plant and animal species which
are listed by the federal government as "endangered" or
"threatened". Pursuant to Section 7 of the Act, federal agencies
are required to consult with the US Fish and Wildlife Service (FWS) on
federal actions which may affect a listed species (e.g., COE Section 404 or
EPA NPDES/TPDES permit issuance, federal funding, federal property sale or
transfer, etc.). Non-federal entities (i.e., state agencies and private
concerns) not requiring a federal permit for their proposed project are also
required to comply with the Act. Prohibitions against the take, harm, or
harassment of listed endangered or threatened species are broad, and
penalties for their violation may be severe. Only biologists determined to be
qualified by the FWS can obtain research permits prior to conducting activities
involving listed species (e.g., species surveys, capture, etc.).
Section 9 of the Act prohibits the "take"
of any federally-listed species. "Taking" is further defined as
harm or harassment (including to pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or attempt to engage in any such conduct) of individuals
of a protected species and, under certain circumstances, the destruction of
habitat. Prior to an amendment to the Act in 1982, there was no recourse
other than to avoid at all costs the "take" of a protected species.
The 1982 amendment provided flexibility in regulating the "incidental
take" of a listed species by allowing the FWS the authority to issue
permits for same under special conditions. The permit is referred to as a
"10(a) Permit" and requires close coordination with federal, state,
and public interests throughout the review/approval process.
What is Involved in an Endangered
Species Investigation?
Generally, endangered species investigations are
comprised of the following Phases:
Phase I - Determination of the potential occurrence of threatened or endangered species (e.g., existing habitat, previous records, etc.)
Phase II - Conduct tract-specific field surveys to determine the actual utilization of existing habitat by the species of concern.
Phase III - Assist the landowner/developer in the development of management plans for species of concern occurring on a particular tract of land.
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