EcoScience Corporation - Protected Species Assessments

Protected Species Assessments

The Endangered Species Act of 1973 (ESA) was created to provide protection for endangered and threatened species and the ecosystems upon which these species depend for their continued survival. Interestingly, the ESA differs from most wildlife laws which control exploitation (i.e., hunting, harvesting) in that the ESA promotes preservation and conservation. Although the ESA received rather limited interest in the initial years after its passage, the ESA has taken on increased significance with respect to land use development as case law has evolved.

Permitting
To avoid an ESA violation, land development interests should contact the
U. S. Fish and Wildlife Service (FWS) for free information concerning listed species with ranges that extend into a project area. If an occurrence is likely, a professional should be retained to survey potential habitat areas within the project site for presence or absence of protected species. For listed plant species, conducting surveys during specific periods of the growing season is often crucial. In the event that a potential taking may occur, the project is not necessarily in jeopardy. The developer has the option to modify the project in an effort to avoid impacts. If total avoidance is not possible, accommodation may be reached with FWS to minimize or mitigate adverse impacts (e.g., relocation of critical populations or to modification of site plans to avoid critical habitat areas.)

The key to avoiding complications in latter stages of project development is to establish dialogue early in the process with appropriate resource agencies. An important part of the ESA is to encourage states to develop endangered species programs. State programs for plant and animal protection, often regulated by different state agencies, vary in the level of protection afforded state-listed species.

Schweinitz' Sunflower

St. Francis Satyr

ECOSCIENCE QUALIFICATIONS

EcoScience Corporation (ESC) has the expertise and experience to assist clientele with a variety of protected species issues. ESC maintains a staff of qualified biologists, including specialists in the fields of ecology, botany, forestry, ornithology, mammalogy, herpetology, ichthyology and marine biology. EcoScience offers expertise and experience in the areas of:

Section 7 Consultations
Protected Species Surveys
Critical Habitat Evaluations
Project Planning
Permitting

Section 7 Consultations
Section 7 of the ESA commands that actions funded, authorized, or conducted by a federal agency will in no way jeopardize the continued existence of a species or result in destruction or adverse modification of essential habitat (16 U.S.C. 1536(a)(2)). Agencies or individuals who believe that the absence of federal funding will alleviate the need to comply with ESA requirements are often surprised to learn that any federal action required for project approval (e.g., application for a National Pollutant Discharge Elimination System (NPDES) permit, Section 404 wetlands permit, Section 106 compliance) may trigger the need for Section 7 consultation.

Protected Species Surveys
If a listed species or potential habitat for a listed species is present within the project area, the FWS or appropriate wildlife agency may recommend that surveys be conducted to provide baseline information for a biological assessment.

Biologists with ESC have conducted surveys for a variety of listed birds (including red-cockaded woodpeckers, bald eagles, and colonial water birds), mammals (including Dismal-Swamp southeastern shrews), invertebrates (primarily mussels), and plants (including rough-leaf loosestrife, Schweinitz’s sunflower, Michaux’s sumac, American chaffseed, pondberry, and Canby’s dropwort).

Critical Habitat Evaluations
The FWS has expanded the “harm” and “harass” terms of its takings definition to include secondary impacts involving adverse modifications to habitat or behavioral patterns (50 C.F.R. 17.3(c)). Direct harm need not result to a listed species. The implication of secondary impacts through modification of critical habitat may be enough to constitute a “taking.” Section 7 consultation is required for any direct or indirect federal action that results in an alteration that diminishes the value of critical habitat or threatens the survival or recovery of a listed species.

EcoScience Corporation professionals have conducted habitat evaluations for protected species throughout the Southeast. Habitat evaluations assess the habitat potential for protected species in lieu of conducting actual species surveys, especially if surveys may be disruptive or the species is difficult to locate.

Project Planning
EcoScience Corporation draws on the best scientific and professional information available when making recommendations for dealing with protected species. ESC has proven experience and ecological expertise in developing alternatives for avoiding or minimizing project impacts to protected species or essential habitats.

Section 9 of the ESA dictates that it is unlawful for any citizen of the United States to "take" endangered species of fish or wildlife (16 U.S.C. 1538 (a)(1)). The result is that private landowners, as well as government entities, may be held liable for actions affecting listed species.

Section 10 amendments, however, allow for the Secretary of the Interior or Commerce to provide for incidental takings through issuance of a permit, usually in accordance with an approved habitat conservation plan (16 U.S.C.1539(a)). In order to qualify for such a permit, the applicant must prove that the taking is incidental, that efforts will be taken to minimize and mitigate impacts, and that adequate funding is available to implement the conservation plan.

SUMMARY

In conjunction with permitting assistance, ESC can develop mitigation options for offsetting impacts to protected species. ESC biologists have experience developing conservation, management, and protected species relocation plans when project impacts are unavoidable. Call EcoScience Corporation for consultations and field surveys to satisfy your protected species and habitat evaluation needs.

Tel: 919-828-3433

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