Unformatted text preview: Wildlife and Its Impact on Wildlife and Its Impact on Construction Passenger Pigeon Once the most numerous bird on the plant (~5 billion)1800s 1914 Flocks 1 mile wide by 300 miles long
Extinction: 1914 Great Auk
Flightless Bird: Hunted for its down Extinction: 1844 Carolina
Hunted: Fruit Destruction
Last wild specimen was killed in Okeechobee County in Florida 1920 in 1904 1875
Labrador Duck Extinction: 1875 Heath Hen Extinction: 1932 1931 Dodo Bird (Mauritius Island) Discovered by Portuguese in 1507 Extinct by 1681 Moa Hunted by the Maoris in New Zealand (probably never seen by any Europeans) Other North American Bird Extinctions Dusky Seaside Sparrow
Bachman’s Warbler Endangered Species Act
Endangered Species Act 1966 Whooping Crane inspired Congress to pass Endangered Species Preservation Act to protect critical habitats
1969 Whale conservation led to Endangered Species Conservation Act to prohibit import of listed species
1973 Pres. Nixon backed a new Endangered Species Act to expand categories of endangered and threatened species, included partial regions, made it illegal to “take” listed species. Legal Actions with ESA
Legal Actions with ESA 1978 Supreme Court ruled that Tellico Dam in Tennessee must be halted to protect the Snail Darter.
1978 Congress responded by establishing the “god squad” to exempt certain species from protection.
1979 “god squad” ruled that Snail Darter was exempt and Tellico Dam to be constructed
1980 more Snail Darters found and species was not in significant danger. Legal Action ESA Legal Action ESA continued 1990 Fish & Wildlife Service listed Spotted Owl – ESA blamed for decline in timber industry 1994 Clinton Administration updated ESA due to concern that landowners had an incentive to harm wildlife critical habitats.
2005 Critical habitats were designated at time of endangered species listing. Threatened or Endangered Threatened or Endangered Species There are 100s of species listed in the US 329 in Hawaii 308 in California 117 in Alabama 112 in Florida 94 in Texas Examples of Endangered Examples of Endangered Species Florida Panther (Everglades region) Red
Woodpecker GoldenCheeked Warbler Spotted Owl IvoryBilled Woodpecker Extinct??? BlackTailed Gnatcatcher Great White Heron Everglades Kite Endangered Species
Redcockaded Woodpecker (old growth timber of Florida) Peregrine Falcon Off the Endangered List
Off the Endangered List Snail Darter
Aleutian Canada Goose
Louisiana Pearlshell Cactus
American Alligator Bald Eagle (removed from the Bald Eagle (removed from the endangered list in 2007) Invasion of the Unwanted
Invasion of the Unwanted Zebra Mussels
Eurasion Collared Doves
Boa Constrictors Definitions
Definitions Critical Habitat Area occupied by a species or considered essential for species behavior.
Harass – Action that may cause injury or disrupt patterns of a species
Harm – Actions that kill or injure species. Includes habitat modification
Take – Is harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, destroy habitat, or collect endangered species. Incidental take – is a permitted “take” of a species within specified requirements. Construction and ESA
Construction and ESA Oversight by U.S. Fish & Wildlife Service and National Marine Fisheries Services
– Develop list of endangered species
– Monitor critical habitats for species Applies to the following scenarios – Construction under EPA’s Construction General Permit
– Activities funded or permitted by Federal agencies
– Construction that impacts a listed species or critical habitat ESA Permit
ESA Permit Required when “incidental take” of threatened or endangered species.
Burden is on owner and/or builder to determine the potential impact.
– FWS and NMFS assist in process Permit application must contain Habitat Conservation Plan –
– Assessment of impacts
Actions to minimize impacts
Alternatives considered Additional measures required by FWS Step 1. Procedures for Determining Impact on Species
Step 1. Procedures for Determining Impact on Species Determine if listed species are present on or near the project area.
Contact FWS, NMFS, or State, or Tribal Heritage Center If there are listed species or critical habitats, the responsible party will : – Conduct visual inspections to identify any listed species or critical habitat.
– Conduct a formal biological survey. – Conduct an environmental assessment under the National Environmental Policy Act (NEPA). If listed species or critical habitats are present in the project area, the responsible party must look at the impacts to the species and/or habitat when following Steps 2 through 4. Step 2: Determine if Construction Activities Are Likely to Affect Listed Species or Critical Habitat Potential adverse effects from stormwater discharges and stormwater dischargerelated activities include: – Hydrological. Stormwater discharges may cause siltation or sedimentation, or induce other changes in receiving waters such as temperature, salinity or pH. – Habitat. Excavation, site development, grading, and other surface
disturbing construction activities may adversely affect listed species or their habitat. – Toxicity. In some cases, pollutants in stormwater may have toxic effects on listed species. Assistance in determining these criteria is available from the Fish and Wildlife Service, National Marine Fisheries Service, or Natural Heritage Center.
If adverse effects are not likely, apply for coverage under the Construction General Permit. If the discharge may adversely affect listed species or critical habitat, then step 3 must be followed. Step 3: Determine if Measures Can Be Implemented to Step 3: Determine if Measures Can Be Implemented to Avoid Adverse Effects These measures may involve relatively simple changes to construction activities such as: – rerouting a stormwater discharge to bypass an area where species are located, – relocating Best Management Practices, or – changing the “footprint” of the construction activity. Contact the Fish and Wildlife Service, National Marine Fisheries Service on measures reduce the likelihood of adverse impacts to listed species and/or critical habitat. Measures must be enacted for the duration of the construction project. These measures must be described in the Stormwater Pollution Prevention Plan (SWPPP). If appropriate measures to avoid the likelihood of adverse effects are not available, follow Step 4. Step 4: Determine if the Requirements of the Step 4: Determine if the Requirements of the Construction General Permit Can Be Met Where adverse effects are likely, the Fish and Wildlife Service (FWS) and/orNational Marine Fisheries Service (NMFS) must be contacted.
– 1. An ENDANGEREND SPECIES ACT (ESA) Consultation Is Performed for the Activity. – 2. An Incidental Taking Permit is Issued for the Activity. – 3. The Responsible Parties are Covered Under the Eligibility Certification of Another Operator for the Project Area. If any federal funds support a construction project, or if a federal permit is required for a construction project, the federal agency taking the action (e.g., funding or permitting) must fulfill the requirements of the Endangered Species Act (ESA). Obtain an Incidental Take Permit
Obtain an Incidental Take Permit If the construction activity will adversely affect listed species or critical habitat, an Incidental Take Permit must be obtained. The operator should coordinate with the Fish and Wildlife Service or NOAAFisheries as soon as possible for guidance in assembling a complete application package. Before the application is filed, a biological survey may be needed to determine which species and/
or habitat would be impacted by the activities covered under the permit. The Penalties
The Penalties The US Fish and Wildlife Service and the National Marine Fisheries Service may impose administrative, civil, and criminal sanctions for failure to comply with the Endangered Species Act. Civil penalties can reach $27,500 per day per violation. Criminal violations of the Act –as much as $50,000 per day, 3 years' imprisonment, or both.
A fine of as much as $250,000, 15 years in prison, or both, is authorized for knowingly placing a species in imminent danger of death or serious bodily injury. Environmental Protection Agency (EPA) may impose administrative, civil, and criminal sanctions on a property owner and/or a contractor for failure to comply with the CWA. Administrative penalties can reach $157,500 and civil penalties can reach $32,500 per violation per day. In addition, the CWA allows private citizens to bring civil actions against any person for any alleged violation of "an effluent standard or limitation." Conclusion:
Conclusion All fifty states have fish and game/wildlife agencies that work in cooperation with U.S. Fish and Wildlife Service district offices with regard to the incidental take permitting process. The National Endangered Species Tool (NEST) can be used to find out more about the rules in a particular state. Even if it were not for the law, the moral obligation of us all is to preserve our wildlife. If there is a known rare species of bird, animal, or fish in the vicinity of the construction project, become knowledgeable about that species. Help preserve the species. Kirkland’s Warbler How Does Wildlife Impact How Does Wildlife Impact Construction Today? It is illegal to “take” an endangered species (take is broadly defined: kill, harm, harass, intimidate, significant habitat modification, etc.) Endangered Species Found Endangered Species Found on a Site that is already under construction Regardless of the % completion, such projects are subject to cancellation In Sweden, it was discovered that a particular grout that was used in construction contaminated streams, killing fish and paralyzing cows. Turbines in hydro power plants have been designed to let fish pass through them unharmed Dams in the Northwest are being dismantled to restore the salmon populations. (dams block fish migrations) Jumbo jets on approach to the Salt Lake City airport were jeopardizing the birdlife in the natural wetland areas. The response to the problem: Creation of a 1500 acre wetland a few miles to the north of the airport. Gobies are small (2inch) endangered fish, found in California. In their habitat, bridges being built had construction suspended during the breeding season (February 15 to March 15) A $200,000,000 project was cancelled in Tucson because the project threatened the endangered red squirrel. A $4 million dredging project in the Tampa area was suspended for 3 months because of group of endangered least terns began nesting in the area. Tunnels Under Highways to Tunnels Under Highways to Protect Wildlife Florida panthers in the Everglades Houston toads Alligators A Georgia bridge project was delayed for more than 3 months when it was discovered that swallows were nesting under the bridge that was slated for destruction. Eagle nests within 750 ft of developments have stopped the projects. A developer in Ocala wanted to develop a 540acre track of land. The area was the nesting site for the red
cockaded woodpecker. He destroyed several trees near the site and killed two of the woodpeckers. Contractor fine was in excess of $1 million The Spotted Owl halted considerable timber cutting in the Northwest. These owls live in the old growth timber. Several Las Vegas projects were halted when the Mohave Desert Tortoise was designated as endangered. Various efforts are underway to protect the Everglades A dredging project in South Carolina was halted for 3 weeks after the dredgingrelated deaths of two sea turtles. The project value exceeded $110 million. Several pieces of legislation on wetlands have been passed in an effort to protect the local wildlife. A Massachusetts project was halted for 8 months because the developer failed to construct a fence to keep out an endangered species of rattlesnake. Windfarms and Wildlife
Windfarms and Wildlife It is feared that the prairie grouse and bobolinks will diminish in numbers because they will not breed due to the noise of the windfarms. Migrating birds are expected to be killed in great numbers when they fly into the propellors. The U.S.Mexico Fence
The U.S.Mexico Fence Migrations of various animals are expected to be compromised by the fence. As development continues to encroach on wildlife habitat, clashes between developers and conservationists will continue. The End
The End ...
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- Spring '11