USGS Guide to Federal Environmental Laws and Regulations

MENU OF FEDERAL LAWS & REGULATIONS

AirQuality

Cultural & Historic Resources

Endangered Species

Fish & Wildlife Conservation

List of Statutes by Section

Miscellaneous Acts

Organizing Federal Laws & Regulations

Prime & Unique Farmlands

Public Land Resources

Solid & Hazardous Substances

Water Resources Related Acts & Executive Orders

Water Quality

Denotes area of particular relevance to the USGS field staff

FISH AND WILDLIFE CONSERVATION

Table of Contents

Fish and Wildlife Coordination Act (PL 85-624; 16 U.S.C. 661-667d)

Purpose

Using the phrase vital contribution to describe the impact of wildlife resources on the nation, the Fish and Wildlife Coordination Act (FWCA) provides for wildlife conservation by entrusting the Secretary of the Interior with certain duties. One of these is to provide assistance to, and cooperation with, Federal, state, and public or private agencies and organizations to provide that wildlife conservation receive equal consideration and be coordinated with other features of water-resource development programs. The Act was also written to lend ways to conduct surveys and investigations of wildlife in the public domain.

Major Provisions by Section

§ 2 (16 U.S.C. 662)-Impounding, diverting, or controlling of waters

Federal agencies that propose or authorize modification of any body of water shall first consult with the Fish and Wildlife Service and with the appropriate state agency to conserve wildlife resources by preventing resource loss and damage. Recommendations of wildlife agencies on the wildlife aspects of proposed actions shall be given full consideration by the decision-making agency, which should also include means for wildlife conservation as found justifiable to obtain maximum overall project benefits to the public.

§ 3 (16 U.S.C. 663)- Impoundment or diversion of waters

The section makes a rather general statement that whenever Federal departments or agencies modify a body of water for any purpose, adequate provisions must be made for the conservation, maintenance and management of wildlife resources and habitat.

§ 5 (16 U.S.C. 665)- Investigations as to effect of sewage, industrial wastes; reports

The Secretary of the Interior is authorized to conduct investigations on the effects of domestic sewage, mine, petroleum, industrial wastes, erosion silt, and other substances on wildlife. Reports may then be given to Congress which contain recommendations for alleviating undesirable pollution effects.

Pertinent Regulations

• 50 CFR Part 27- Prohibited Acts, U.S. Fish and Wildlife Service

Provisions are given concerning takings of animal and plant life in national wildlife refuges. Rules are put forth in the remaining subparts concerning violations including those with vehicles, against plants and animals, and private structures.

• 516 DM 2 Appendix 2(2.9), Department of Interior

Environmental documents (EA, EIS, FONSI) must be prepared for actions which require compliance with the FWCA.

Definitions

Conservation

the planned management of wildlife resources to prevent waste concurrent with their wise use. This term combines the meaning of the loss prevention, mitigation, and enhancement components of project planning, development, and implementation.

Wildlife and wildlife resources

birds, fishes, mammals, and all other classes of wild animals and all types of aquatic and land vegetation upon which wildlife is dependent. (FWCA,§ 8)

Applicable Actions

Mineral exploration or extraction permits or leases on the outer continental shelf.

Projects conducted in beds of intermittent streams.

Water-related aspects of Federal mining or mineral leases, or of mining plans adopted under the Surface Mining Control and Reclamation Act.

Water resources and water quality planning programs.

Summary of Implementation Procedures

1. Consultation between action agencies and wildlife agencies or measures necessary to conserve wildlife in project planning, construction, and operation.
   
   
2. Reporting by wildlife agencies on the effects of the project and its alternatives upon wildlife resources and on measures recommended to conserve wildlife resources in connection with the project and its alternatives.
   
   
3. Full consideration by the action agencies of measures recommended to conserve wildlife resources, both with regard to the proposed project and its alternatives.
   
   
4. Implementation of justifiable conservation measures.

If the proposed action may affect wildlife or wildlife resources, thus initiating the FWCA compliance process, then an environmental assessment must also be prepared.