Enabling Legislation
Legislation Governing Ecological Services' Consultation Role
The U. S.
Fish and Wildlife Service is the voice for our nation's fish and wildlife
resources and their habitats. We work with Federal construction agencies
during project planning, permitting, and construction to ensure that impacts
to our natural resources are avoided, minimized, and mitigated. We also consult with federal agencies to ensure that their actons do not jeopardize the existence of threatened and endangered species.
The role of the Service in consulting with other Federal Agencies is governed by various administrative rules and Acts of Congress. The most common are:
We provide review and comment on Pre-Construction Notices and Individual Permit Notices that the U.S. Army Corps of Engineers proposes for authorization under the following authories:
We assist response agencies and conduct Natural Resource Damage Assessments and Restoration under two primary statutes
"Superfund" toxic waste cleanup law (Comprehensive Environmental Response, Compensation, and Liability Act [CERCLA])
The EPA, through Superfund, seeks to clean up sites where toxic and hazardous wastes have been deposited or spilled. The Service's Division of Environmental Contaminants provides information, data, and guidance to the EPA to ensure that the cleanups protect migratory birds, anadromous fish, marine mammals, and threatened and endangered species. In addition, the Service, on the behalf of the Department of the Interior, acts as a trustee for the public's natural resources and conducts natural resource damage assessments and restoration under this statute.
Oil Pollution Act of 1990 (OPA link to http://www.epa.gov/oem/content/lawsregs/opaover.htm)
The U.S. Coast Guard and EPA are the primary federal agencies that plan for and respond to oil spills. The Service's Division of Environmental Contaminants assists these agencies in developing spill contingency plans that are protective of Service lands, migratory birds, anadromous fish, marine mammals, and threatened and endangered species. The Service also assists the Coast Guard and EPA in responding to oil spills by conducting or overseeing wildlife reconnaissance, recovery, rehabilitation and release and by providing technical assistance to the response activities. In addition, the Service, on the behalf of the Department of the Interior, acts as a trustee for the public's natural resources and conducts natural resource damage assessments and restoration under this statute.”
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