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The
Endangered Species Act (ESA) of 1973, as amended, and its implementing
regulations provide considerable flexibility to Federal agencies
in meeting their mandates to conserve threatened and endangered
species (listed species) with minimal conflict with their fundamental
mission. When passed, the ESA spoke specifically to the value -
tangible and intangible - of conserving species for future generations.
Second, it addressed a problem that, at the time, was only just
beginning to be understood: our looming extinction crisis. Lastly,
in passing the Act, Congress recognized another key fact that subsequent
scientific understanding has only confirmed: the best way to protect
species is to conserve their habitat.
The federal government and each of its agencies have a statutory
mandate to use their powers for the conservation of species. Each
agency must ensure that any action they authorize, fund, or carry
out is not likely to jeopardize the continued existence of a listed
species in the wild, or destroy or adversely modify its critical
habitat.
The ESA is jointly adminitstered by the Secretaries of Interior
and Commerce. The U.S. Fish and Wildlife Service is responsible
for terrestrial species and the NMFS is responsible for marine species.
Candidate species are defined differently by the U.S. Fish and Wildlife
Service and the National Marine Fisheries Service (NMFS). If an
agency determines that a proposed action may adversely affect such
a species, it must formally consult with the Fish and Wildlife Service
(FWS) or NMFS.
Endangered
Species
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Does the property affect endangered species?
Threshold: The Endangered Species Act (ESA) of 1973 requires protection
of listed or proposed endangered or threatened species or critical
habitats. Projects that can affect listed endangered or threatened
species or critical habitats require consultation with the Department
of Interior in compliance with the procedure of Section 7 of the ESA.
Only for new construction and conversion activities does the ESA authority
apply.
Documentation: Grantees are to select A_ or B_ for the condition
that best describes their project and document the source of the information.
A.
If grantee proposes new construction or conversion activities that
are likely to affect listed or proposed endangered or threatened
species or critical habitat, the grantee provides HUD with a statement
from a qualified data source explaining the likely effect, and/or
a finding made by the Fish and Wildlife Service of the Department
of the Interior that states as acceptable, the proposed mitigation
that the grantee must provide to protect any affected endangered
species or critical habitat.
B.
If the grantee proposes new construction or conversion activities,
the grantee provides HUD with a finding made by a qualified data
source that the project is not likely to affect any listed or proposed
endangered or threatened species or critical habitat. The finding
shall indicate whether the project is located within a critical
habitat, and if so, explain why the project is not likely to affect
the species or habitat.
Listed endangered and threatened species and habitats may be found
at the following url: http://www.fws.gov/endangered/.
Addtional information and technical assistance is available by contacting
the U.S. Fish and Wildlife Service at http://www.fws.gov.
For marine species contact the National Marine Fisheries Service
at the NAtional Oceanic Atmosphere Administration (NOAA): http://www.nmfs.noaa.gov/.
Also, for either NOAA or FWS, their regional offices will be able
to assist you. State departments of natural resources or the environment
may also be helpful.
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