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Endangered Species

Any time we plan to add to our water system, we ensure we are in compliance with Section 7 of the Endangered Species Act of 1973. Under this protective act, we must consult with the U.S. Fish & Wildlife Service before taking any action that might affect a federally listed, threatened or endangered species.

Endangered Species Act of 1973

This act protects animal and plant species currently in danger of extinction (endangered) and those that may become endangered in the foreseeable future (threatened).

The Endangered Species Act of 1973 provides for the conservation of ecosystems upon which threatened and endangered species of fish, wildlife and plants depend, both through federal action and by encouraging the establishment of state programs. The act:

  • Authorizes the determination and listing of species as endangered and threatened

  • Prohibits unauthorized taking, possession, sale and transport of endangered species

  • Provides authority to acquire land for the conservation of listed species, using land and water conservation funds

  • Authorizes establishment of cooperative agreements and grants-in-aid to states that establish and maintain active and adequate programs for endangered and threatened wildlife and plants

  • Authorizes the assessment of civil and criminal penalties for violating the act or regulations

  • Authorizes the payment of rewards to anyone furnishing information leading to arrest and conviction for any violation of the act

Protecting the environment

Section 7 of this act requires that federal agencies ensure all federally-associated activities within the United States do not harm the continued existence of threatened or endangered species or designated areas (critical habitats) important in conserving those species.

Agencies must consult with the U.S. Fish & Wildlife Service, which maintains current lists of species designated as threatened or endangered, to determine the potential impacts a project may have on protected species.

The Fish & Wildlife Service has established a system of informal and formal consultation procedures. The preparation of a Biological Opinion will conclude formal consultation. The result of informal or formal consultations with the Fish & Wildlife Service under Section 7 of the Endangered Species Act Amendments of 1978 should be described and documented in a National Environmental Policy Act compliance document.

Explanations are merely to acquaint you with the law and are not meant as legal interpretations.

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