Mitigation Measures for Threatened and Endangered Species

Abstract

Any project construction or operation that may potentially impact a threatened or endangered (T and E) plant or animal species or plant community will require notification to the appropriate federal or state agency. Mitigation measures may be required by the agencies to avoid or reduce impacts to these T and E species. Introduction Activities that involve federally threatened or endangered species on public land must comply with Section 7 of the Endangered Species Act of 1973, as amended. This Act is promulgated by the U.S. Fish and Wildlife Service (USFWS). Section 7 requires federal agencies, in consultation with the USFWS, to ensure "that any action authorized, funded, or carried out …. is not likely to jeopardize the continued existence of any listed species or result in the destructive or adverse modification of (critical) habitat." It should be noted, however, that individuals or private industry may also be required to consult with other federal or state agencies (i.e., Bureau of Land Management [BLM], U.S. Forest Service [FS]) or Tribal Councils regarding non-listed species if such agencies have classified certain species as sensitive or as "species of concern". Mitigation measures may be required by these agencies to avoid or reduce impacts to T and E species or to species of concern. Mitigation measures for protected plant species may include avoiding or minimizing impacts through project design changes or route realignments, or transplanting individuals or populations outside the impact area. For raptors (birds of prey), impacts can usually be avoided by restricting work activities within a buffer zone (usually 0.5 mile from active nests) during the nesting season. For various animals, monitoring any "taking" during work activities may be required. For aquatic species, mitigation measures may be taken to minimize direct impacts (e.g., injury, mortality) and indirect or secondary impacts (e.g., reduction in water quality, spawning habitat removal) during construction activities. P. 297^