Wildfire, the Endangered Species Act, and Human Safety

The following websites provide access to Department of Interior and agency memoranda, policy, and handbook sections related to wildland fire management, human safety and the conservation of candidate, threatened and endangered species.

The 2001 Federal Wildland Fire Management Policy contains principles and policies that guide the philosophy, direction and implementation of fire management planning, activities, and projects on all federal lands.

 

The Department of Interior Manual section on wildland fire management requires all fire management plans to reflect the Department's commitment to firefighter and public safety.

 

The Fish and Wildlife Service Manual identifies firefighter and public safety as the first priority of the Service's Fire Management Program.

The Fish and Wildlife Service Fire Management Handbook explicitly directs that no Service employee, contractor, or cooperator shall be purposely exposed to life-threatening conditions or situations.

Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884) directs all Federal agencies to use their existing authorities to conserve threatened and endangered species and, in consultation with the U.S. Fish & Wildlife Service and the National Marine Fisheries Service, to ensure that their actions do not jeopardize listed species or destroy or adversely modify proposed critical habitat. Section 7(a)-(d) applies to situations involving acts of God, disasters, casualties, national defense or security emergencies, etc., and allows the regulations implementing this section (described below) to accommodate the need for Federal agencies to respond immediately to emergencies.

The Final Rulemaking on Interagency Cooperation under the ESA is located at 50 CFR Part 402. Section 402.05 provides a modified consultation procedure for the Fish and Wildlife Service to respond to emergency situations under Section 7 of the Endangered Species Act.

Detailed guidance for handling emergency consultations is provided to Service personnel in the Fish and Wildlife Service's ESA Section 7 Consultation Handbook's Sections 8.1 and 8.2.

Questions related to this topic? Please contact Rick Sayers at Rick_Sayers@fws.gov or (703) 358-2106.