Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.
Learn more about Section 7 consultation to address threats to endangered species resulting from operation and maintenance of the 9-foot navigation channel and its associated locks and dams over the next 50 years.
The stretch of the river studied by the agencies extends from Minneapolis, Minnesota, to Cairo, Illinois. Within that area, the Service and the Corps examined the impacts of operating the lock and dam system, channel maintenance dredging and material disposal, construction/maintenance of channel training structures, and of activities such as navigation, on several endangered and threatened species. These species included two endangered freshwater mussels, the Higgins eye pearlymussel and the winged mapleleaf; two listed birds, including the threatened bald eagle and the endangered least tern; the endangered Indiana bat; the endangered pallid sturgeon; and one threatened plant, the decurrent false aster.
By resolving threats and ensuring the continued survival of these rare species, were seeing the Endangered Species Act work the way it is designed to, said William Hartwig, the Regional Director of the Services Great Lakes/Big Rivers region. We will see benefits not only to these species but to other fish and wildlife within this ecosystem, and ultimately, to its human inhabitants as well.
Section 7 of the Endangered Species Act requires all Federal agencies to help conserve listed species, and to consult with the Service when activities they fund, permit, or undertake may have adverse affects on threatened or endangered plants or animals. The Corps determined that operation and maintenance of the 9-foot navigation channel might impact several listed species, and requested formal consultation. That process began August 6, 1999, and the completed biological opinion was provided by the Service to the Corps on May 15, 2000. The entire biological opinion may be viewed at http://www.fws.gov/r3pao/pdf/umrfinal.pdf
During consultation, the Service examined information provided by the Corps on the expected impacts on listed species, and determined whether those impacts were likely to affect, or possibly jeopardize the continued existence of, those species. The Service prepared a biological opinion outlining expected impacts.
The Services biological opinion concluded that operation and maintenance of the 9-foot navigation channel is likely to jeopardize the continued existence of the Higgins eye pearlymussel and the pallid sturgeon. Because of this finding, the two agencies developed alternatives that would both conserve the species and allow continued operation of the 9-foot channel.
The Higgins eye pearlymussel is jeopardized because of continued commercial barge transportation in the Upper Mississippi River with vessels and equipment infested with zebra mussels. Zebra mussels are a nonindigenous aquatic species that have infested the Upper Mississippi River.
The reasonable and prudent alternative for the Higgins eye pearlymussel includes development of a Higgins Eye Pearlymussel Relocation Action Plan (i.e., relocate Higgins eye to suitable zebra mussel-free, historically occupied habitats) and conducting a reconnaissance study to control zebra mussels in the Upper Mississippi River.
The pallid sturgeon is jeopardized because of the expected continued degradation of its habitat. The reasonable and prudent alternative for the pallid sturgeon includes: implementation of a long-term habitat restoration program and conducting a pallid sturgeon habitat/life history study in the Middle Mississippi River.
The Services biological opinion also concluded that incidental take is anticipated for the winged mapleleaf mussel and least tern. Take under the Endangered Species Act means harming, harassing, or killing an endangered or threatened animal. Incidental take is that which is incidental to but not the purpose of an activity. A biological opinion often allows some incidental take as long as measures are in place to minimize its impacts.
These reasonable and prudent measures to minimize the impact of incidental take for the winged mapleleaf mussel and least tern would allow the Corps to continue its navigation program with a limited amount of take, as long as overall conservation of the species is ensured. Some of the measures identified in this biological opinion are: evaluation of dredge material disposal practices and modification of channel training structures to enhance/protect least tern nesting and foraging habitat.
The opinion also found that while the project may affect individual bald eagles and Indiana bats, the impacts will be offset by management actions proposed by the Corps or will be negligible and will not rise to the level of incidental take. Adverse effects will result for the decurrent false aster, but the species will not be jeopardized. Because plants are considered private property, take is not prohibited if the project does not jeopardize the continued existence of the plant.
With hard work and the cooperative spirit that has been shown by both agencies to date, were confident that we can work with the Corps and the affected States to ensure the survival of some of this countrys unique natural resources, Hartwig said.
