Fish and Wildlife Coordination Act (FWCA), 1956
Description and Intent
The Fish and Wildlife Coordination Act (FWCA), as amended in 1964, was enacted to protect fish and wildlife when federal actions result in the control or modification of a natural stream or body of water. The statute requires federal agencies to take into consideration the effect that water-related projects would have on fish and wildlife resources; take action to prevent loss or damage to these resources; and provide for the development and improvement of these resources.
Summary Of Requirements
To comply with the requirements laid out in the statute, federal agencies must first determine whether a proposed activity will result in the control or modification of a body of water. Typical actions that would fall under the jurisdiction of the Act include:
- discharges of pollutants, including industrial, mining, and municipal wastes or dredged and fill material into a body of water or wetlands; and
- projects involving construction of dams, levees, impoundments, stream relocation, and water-diversion structures.
If a project to be constructed, licensed or permitted by a federal agency would involve any of these activities or any other activity resulting in the control or modification of any water body for any purpose, then the federal agency must consult with the FWS (and NMFS, as appropriate) to develop measures to mitigate project-related losses of fish and wildlife resources.
The statute requires consultation with the FWS (or NMFS, as appropriate) and the fish and wildlife agency(s) of any affected state(s) to develop measures to protect, develop, and improve wildlife. Any reports or decision-making documents subsequently prepared by the action agency must include the recommendations of the FWS and affected state(s) for protecting fish and wildlife. Where possible, the action agency must incorporate the recommendations in the project plans. The constructing, licensing, or permitting federal agency is to include in the project plans such justifiable means and measures as it finds should be adopted to obtain maximum overall project benefits.
Useful Link
Useful Information to Assist in FEMA's EHP Review
Text of Fish and Wildlife Coordination Act (FWCA), 1956
US Fish and Wildlife Service, Laws Digest
Last Modified: Monday, 14-Aug-2006 10:45:59 EDT