FEDERAL AGENCY CONSULTATION
North Fork Flathead River, Photo by Wade Fredenberg, U.S. FWS
Federal agencies are required to consult with the Service on actions they carry out, fund or authorize that might affect critical habitat. It is important to note that in most cases this is already occurring under the Section 7 interagency consultation requirements of the Endangered Species Act.
Non-federal entities, including private landowners, that may also be affected could include, for example, those seeking a U.S. Army Corps of Engineers 404 permit under the Clean Water Act to build an in-water structure; those seeking federal approval to discharge effluent into the aquatic environment; or those seeking federal funding to implement land management practices where such actions affect the aquatic environment that has been designated as critical habitat. But again, in most cases where this link exists between activities on non-federal lands and federal funding, permitting, or authorization, consultation under Section 7 of the Endangered Species Act is already occurring in areas where bull trout are found.
A critical habitat designation signals that an area is important to the conservation and recovery of a species and may inform federal, state, tribal and local land-use planning decisions. Critical habitat receives protection under Section 7 of the Endangered Species Act through the prohibition against destruction or adverse modification of critical habitat with regard to actions carried out, funded or authorized by a federal agency or occurring on federal land.
Additional Section 7 Consultation Information
Last updated: October 12, 2010