The Endangered Species Act. The Federal Endangered Species Act of 1973 (ESA), as amended, prohibits the “take” of species listed as threatened or endangered. The definition of take includes activities that harm or harass individuals of a listed species. Modification of forest habitat (e.g., killing or felling of trees) occupied by a listed species can be considered take if it leads to the harm or harassment of individual animals. Project-related activities on project lands will therefore need to be conducted in a manner that does not result in take. As of July 2007, the bald eagle is no longer listed as threatened under the ESA. However, at least two other species (northern spotted owl and marbled murrelet) have the potential to exist on lands that could be covered by a bald eagle nest or communal winter night roost management plan.
The Endangered Species Act. The Federal Endangered Species Act protects rare species and their habitats. The U.S. Fish and Wildlife Service (USFWS) administers the Act. Violations of this act can result in extensive project delays and severe fines. To determine if an activity will impact any rare species or their habitats, contact the Missouri Department of Conservation’s Policy and Coordination Section at (000) 000-0000 to request a query of the MDC Heritage Database. All queries must be accompanied by a good quality map illustrating the location of the proposed site with a description of the activity. Allow at least three weeks for a response to all requests. If there are no known records of rare species or sensitive habitats at the proposed site, and it is unlikely that any will be impacted by the activity, the contractor will be given clearance to proceed. However, if rare species are known or likely to occur at the site, or known critical habitat exists, further coordination with MDC and the USFWS will be necessary. Written clearance from the U.S. Fish and Wildlife Service may be required before the project can proceed. Missouri Department of Conservation (MDC) Planning Division P.O. Box 180 Jefferson City, MO 00000-0000 Telephone Number (000) 000-0000 or FAX (000) 000-0000 U.S. Fish and Wildlife Service (FWS) Columbia Field Office 101 Park DeVille Drive - Suite A Columbia, MO 00000-0000 Telephone Number (000) 000-0000 or Fax (000) 000-0000 Should concerns be expressed regarding any species in this area, it may be advisable to locate another borrow area.
The Endangered Species Act. (ESA) of 1973.; as amended (16 U.S.C. Section 1531 et seq.);
The Endangered Species Act. The purpose of the ESA is to protect and recover critically imperiled species and is jointly administered by the US Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS). Imperiled species are defined as species whose populations or habitats are at risk of being harmed, injured, or destroyed due to changes in habitat, disease, and invasive species. Under the ESA, habitat important for a species’ survival and population recovery is classified as critical habitat. Causing harm to a species by altering critical habitat is classified as a type of incidental take (USFWS 2013). Landowners whose management actions or land uses result in a loss of critical habitat may be subject to ESA regulatory penalties (e.g., fines). Because of possible regulation or increased regulation, some landowners are reluctant to undertake activities that support or attract ESA-listed species onto their properties (Langpap and Wu 2004). To reduce concerns about in- creased regulation, and thereby encourage the conservation of habitat on private lands, Section 10 of the ESA authorizes the USFWS to provide landowners with regulatory assur- ances through a Safe Harbor Agreement (USFWS 2013). Landowners enrolled in an SHA will not be subject to additional land-management requirements or land-use restrictions, even if the population of a protected species increases on the landowner’s property. At the time the landowner voluntarily enters into an SHA, the existing quantity and quality of habitat and the populations of imperiled species on the property are documented: this is known as the baseline. The landowner agrees to implement species management activities that provide a net conserva- tion benefit to that species. These activities can include those that (1) maintain the baseline or (2) improve habitat conditions or number of species above the baseline. The USFWS agrees not to impose any additional management
