The consultation requirements for compliance with Section 7 of the ESA outlined below apply in cases where the applicant is not a Federal agency or in cases where the Corps is the lead Federal agency. This requirement stands whether the activity would qualify for authorization under a Nationwide Permit or Regional or Programmatic General Permit or whether the activity would require processing under a Letter of Permission or Standard Permit. How to Obtain Information on Listed Speciesįor any activity that requires authorization under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act, the Corps will need to make a determination on whether the activity would affect a Federally listed endangered or threatened species. Information Required to Initiate Consultation Therefore, before any activity can be authorized by the Corps under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act of 1899, we must ensure that the project is in compliance with ESA. Section 7(a)(2) of the ESA requires that for actions authorized, funded, or carried out by a Federal agency, that the agency shall, in consultation with USFWS and/or NMFS, ensure that the action is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of the critical habitat of the endangered or threatened species. All plants and animals, except for pest insects, are eligible for listing as endangered or threatened for the purposes of ESA. If a species is listed as threatened, it is likely to become endangered within the foreseeable future. If a species is listed as endangered, it is in danger of extinction throughout all or a significant portion of its range. Under the ESA, species may be listed as either endangered or threatened. The USFWS has primary responsibility for terrestrial and freshwater species, while the NMFS has responsibility over marine wildlife and anadromous fish.

The Endangered Species Act is administered by two agencies, the United States Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS). The Endangered Species Act (ESA) was passed by congress in 1973 with the purpose to protect and recover imperiled species and the ecosystems upon which they depend.

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