Ecological Services Philosophy and Guiding Principles

              U.S. Fish & Wildlife Service
Ecological Services
Philosophy and
Guiding Principles
2
Ecological Services
Philosophy and
Guiding Principles
In carrying out the
mission of the Fish
and Wildlife Service,
certain basic
principles guide all
Ecological Services
actions and
personnel.
  Our people and their
technical expertise are
our greatest resource.
  Our science must be
above reproach.
  Our management
must make a difference.
  Our communications
must be clear for all.
done alone, but requires the teamwork
of Federal, Tribal, State, local,
international, and private
stakeholders.
Fact: The Fish and Wildlife Service is a
field oriented organization with a fish
and wildlife ecology foundation.
Guiding Principle:
Ecological Services staff use the best
available science as the foundation
in decision making.
Fact: The Fish and Wildlife Service is
an integral part of a greater
conservation community with distinct
Federal responsibilities. Conservation
is a collective job. Ecological Services
works with a large community of
partners to effectively accomplish the
Service’s Mission.
Guiding Principle:
Ecological Services activities use a
collaborative approach in making
ecologically sound and scientifically
credible fish and wildlife resource
decisions.
  We work with others to find
innovative solutions “outside
the box” for the increasingly
complex environmental
issues associated with
habitat and species
protection on the one
hand, and with human
needs and desires on
the other. Innovative
approaches to problem
solving are what the
public expects, and they
deserve no less.
Guiding Principle:
Ecological
Services staff
are flexible and
opportunistic
when working
with their
partners
toward
conservation
goals. We lead,
we support, and
we act as a
catalyst.
  We understand
that protection and
recovery of natural
resources cannot be
Peregrine falcon/USFWS photo
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  We focus Ecological Services
activities on accomplishing the goals in
the Service’s Strategic Plan.
  We focus activities on the
opportunities presented at the onset of
project planning to provide guidance and
to avoid problems later in the process.
Fact: The Fish and Wildlife Service is
committed to carrying out its statutory
obligations and mandates.
Guiding Principle:
Ecological Services staff apply the
Federal authorities that ensure
sound resource decisions while
recognizing the importance of a
partnership approach addressing the
needs of stakeholders, since the vast
majority of fish and wildlife habitat
is in private ownership.
  We are a ready and capable partner.
  We commit to being problem solvers
and partners first and to using
regulatory tools judiciously.
  We ensure that in preparing long
term plans we provide certainty for the
affected public while protecting the
future well being of fish and wildlife
resources.
Fact: The Fish and Wildlife Service is
successful in achieving its mission when
scientific, managerial, social, political,
and economic realities integrate with
the operational philosophy.
Guiding Principle:
Ecological Services staff integrate
scientific, managerial, social, political,
and economic realities in all activities.
  We target our products and actions
to influence the decision making
process of stakeholders to ensure
protection, preservation, and
enhancement of fish and wildlife
resources.
Guiding Principle:
Ecological Services staff are open to
different viewpoints and approaches.
  We listen to, respect, and learn from
diverse points of view.
Fact: The Fish and Wildlife Service is
successful in its mission when the
public is informed of the value of fish
and wildlife conservation.
Guiding Principle:
Ecological Services staff ensure that
public outreach is an integral part of
all activities.
  We do an excellent job of providing
scientific expertise and advice on a
variety of issues. We provide the public
and stakeholders with useful
information that is critical to the
accomplishment of resource
management, restoration, and
protection.
Fact: The Fish and Wildlife Service is
recognized as a national leader in fish
and wildlife management, restoration,
and protection.
Guiding Principle:
Ecological Services staff uphold
the professional credibility of the
Service as one of its most important
assets.
  Our statements and recommenda-tions
are based on sound science and
within the bounds of the law to ensure
that the trust given to the Service by
our partners and the public is
maintained.
  We use the best science available.
We professionally explain the limits of
that science and recognize the legal
authorities and constraints within
which it is applied.
Guiding Principle:
As public employees, Ecological
Services personnel maintain the
highest level of professional and
ethical standards.
  We conduct ourselves in a
professional and ethical manner,
ensuring that our actions reflect well
on the Service, our co-workers, and
ourselves.
  We solve problems at the lowest
organizational level consistent with
Service policy and guidance.
Guiding Principle:
Ecological Services staff maintain
the highest possible level of scientific,
technical, administrative, and
professional competence and
credibility through skills
development and training.
  We foster multiple program
experience and provide training for
all Service employees to strengthen our
current and future work force
capabilities.
  Management ensures that expertise
appropriate to each of our programs is
available or developed and that hiring
fully trained, highly qualified
professionals and using outside experts
is part of that strategy.
  Each employee takes responsibility
for and personally ensures that their
technical and professional skills remain
current and improve over time.
Fact: The Fish and Wildlife Service
has many professional capabilities that
are fundamental to achieving its
mission.
Guiding Principle:
Ecological Services staff cooperate
with internal and external entities
to promote an ecosystem approach
to conservation by aggressively
implementing programs in
endangered species, environmental
contaminants, and habitat
conservation.
  We ensure the integration of
Ecological Services activities into the
implementation of the Service’s
ecosystem approach to management.
  We make the most efficient use of
Service capabilities, focus on
ecosystem needs, and use our expertise
as one Service team.
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grants and partnership opportunities to
assist others in the conservation of the
public fish and wildlife resources.
The Conservation Tools applied by
Ecological Services are enriched
through outreach activities and
information management and
interpretation. This collection of
Conservation Tools is managed by a
cadre of highly skilled and dedicated
professionals who focus on solving
problems and accomplishing fish and
wildlife conservation goals primarily
on lands and habitats in private
ownership or managed by other public
entities.
The Road We’re On:
Change and Involvement
Over fifty years ago the
Service was set on a course
to influence government
and private activities that
affect public fish and
wildlife resources. Over the
succeeding decades, our role
has grown in proportion to
our understanding of the
impact of human activity
on the natural world and
our reliance on the other
living organisms with
which we share the planet.
Using sound science and
managerial techniques,
Ecological Services
personnel apply a variety of
Conservation Tools,
primarily on private land
and lands managed by
others. These tools are used
to benefit species and
habitats, to assist with the
planning of human
activities, to provide
effective information to
decision makers, and to
conduct activities in
partnerships that help
assure future generations of
their fish and wildlife
heritage.
Ecological Services houses many
professional capabilities and the
natural resource management
expertise needed to conduct species
and habitat conservation and
restoration. These “Conservation
Tools” implement authorities that
provide the Service with a mechanism
to evaluate, preserve, restore, enhance,
or create important trust species
habitats such as wetland, riparian,
aquatic, upland, and coastal areas.
The collection of Conservation Tools is
wide-ranging. A few examples include
providing for fish passage under
Section 18 of the Federal Power Act;
ensuring the continued existence of
threatened or endangered species
through the Endangered Species Act;
providing a voice for the public fish
and wildlife resource when Federal
permits and Federally authorized
projects are being considered;
assisting private landowners to
improve habitat on their lands
through the Partners For Fish and
Wildlife program; restoring habitats
and recovering monetary damages
from liable parties by conducting
Natural Resource Damage
Assessments; and providing for
USFWS photo
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The Ecological Services program
combines with other Service programs
to present an awesome array of
Conservation Tools. If these tools are
applied sensibly, persistently, and
early, the Service will lead the
conservation partnership in working to
assure viable fish and wildlife resources
for future generations on both public
and private lands.
The Road Ahead: Experience and
Expertise for the Future
In natural resource management, the
Endangered Species program
identifies species becoming at risk of
extinction in the foreseeable future.
Emergency actions are then taken to
protect these species. There is an
alternative—the early application of
tools in other Ecological Services
programs, National Wildlife Refuges,
or within the Service’s Fisheries and
migratory bird functions. Collectively,
these Service programs are among the
best Conservation Tools available to
keep species and their habitats from
needing the rescue protection of the
Endangered Species Act.
As the Service moves into the 21st
Century, diverse and specialized
expertise will be needed to perform
complex problem solving and resource
protection in a cooperative mode.
Today, we have expertise in fisheries,
wildlife, botany, environmental
toxicology, and cartography, to name a
few. The Service is committed to
providing the expertise necessary to
meet tomorrow’s challenges.
Adaptive management is essential to
success. Skill in mediation, negotiation,
collaboration, and communication is as
important as in-depth knowledge of
ecology or the biology of a fish or
wildlife species. Working on teams
with a variety of special interest
groups is essential, so recruiting and
training need to stress good
interpersonal skills. All employees
need to share an awareness of the
importance of public support for
Service activities and strive to gain it,
but we must recognize that we cannot
be all things to all people. We must
strategically manage an increasing
workload, focus on the best
opportunities and problems to pursue,
and concentrate on multi-species
management and on habitat protection
and restoration where possible. When
recruiting our future workforce we
need to ensure that it reflects
American society.
These needs will be met in a variety of
ways; however, the Service workforce
will need to have a majority of the
technical skills in the permanent
workforce. We will need to use
contracts and cooperative agreements
to provide skills, and rely more on our
partners in Federal and state agencies
who have the capability to provide
assistance through their staffs and
contractors. The Service should be a
participant in the process, but cannot
accomplish goals in isolation from
partners that share similar or related
objectives.
Wetlands restoration in
upstate New York /
USFWS photo
Our Destination:
For Ecological Services to successfully
support the Service mission of
“working with others to conserve,
protect and enhance fish and wildlife
and their habitats for the continuing
benefit of the American people” it is
imperative that our expertise be of the
highest possible quality, and be
delivered in an effective and efficient
manner, and that the ground be fertile
for its reception. Failure in any one of
these areas diminishes the ability to
achieve the Service mission.
With management support for each of
the “Conservation Tools” and
Ecological Services personnel
practicing the basic principles, a
positive impact on fish and wildlife and
their habitat will be as great as can be
achieved for current and future
generations of Americans.
Appendices:
Appendix A: Steps Along the Way for
Ecological Services
Appendix B: Overview of Ecological
Services Conservation Authorities and
Mandates.
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1782
Bald Eagle established as the National
symbol.
1849
U.S. Department of the Interior
established.
1862
U.S. Department of Agriculture
established.
1871
U.S. Fish Commission established with
an initial appropriation of $5,000.
1885
Division of Economic Ornithology and
Mammalogy, renamed in 1905 the
Bureau of Biological Survey,
established in the Department of
Agriculture.
1899
Rivers and Harbors Act established
authority for the Corps of Engineers
to issue permits for construction,
excavation and deposition of materials
in navigable waters.
1902
Reclamation Act established irrigation
as a National policy and led to
establishment of the Bureau of
Reclamation.
1903
U.S. Fish Commission transferred to
the new Department of Commerce and
Labor and renamed the Bureau of
Fisheries.
First National Wildlife Refuge
established at Pelican Island, Indian
River County, Florida by executive
order of President Theodore Roosevelt.
1920
Federal Water Power Act established
Federal Power Commission, later
renamed the Federal Energy
Regulatory Commission, which can
require non-Federal dam owners to
construct, maintain, and operate
fishways.
1934
Fish and Wildlife Coordination Act
enacted.
1935
The Soil Conservation Service, later
renamed the Natural Resources
Conservation Service, was established
in the Department of Agriculture.
1939
Bureau of Biological Survey
transferred from the Department of
Agriculture to the Department of the
Interior; the Bureau of Fisheries
transferred from the Department of
Commerce to the Department of the
Interior.
1940
The U.S. Fish and Wildlife Service
(Service) formed through the merger
of the Bureau of Biological Survey and
the Bureau of Fisheries.
1942
Service headquarters and several
other civilian agencies moved from
Washington, D.C. to Chicago, Illinois,
to make room for the war effort.
Service headquarters returned to
Washington in late 1947.
1944
Acting Service Director, Al Day,
ordered the establishment of River
Basin Study Committees in the
Regions to interact with the Bureau of
Reclamation and the Corps of
Engineers with the general objective
to protect existing Service facilities
(e.g., hatcheries and refuges).
Flood Control Act enacted to authorize
a large number of water development
projects for construction and required
the Corps of Engineers, Department
of the Interior, and the States to
consider recreation, water supply, and
irrigation in projects.
1945
The Service established the Office of
River Basin Studies with Rudolph
Dieffenbach as the first Chief. By the
end of 1945, Regional offices had
functional River Basin Studies offices.
The Office of River Basin Studies
evolved over the next 50 years to
become the Division of Habitat
Conservation within the programmatic
umbrella organization named
Ecological Services.
First River Basin Studies manual
issued to provide program guidance
and state National policy. Subsequent
guidance and policy manuals were
produced in 1946, 1953, 1962, 1969, and
1980.
1946
Fish and Wildlife Coordination Act of
1934 was amended. Implementation of
Service recommendations on water
projects at the discretion of the
construction agencies.
1948
First River Basin Studies field office
established in Vicksburg, Mississippi.
Federal Water Pollution Control Act
enacted establishing Pollution Control
Boards.
1949
Aldo Leopold’s book, A Sand County
Almanac, published.
1952
First National Wetlands Inventory,
the genesis of Csircular 39 was begun
(completed in 1954).
1954
Watershed Protection and Flood
Prevention Act authorized the Soil
Conservation Service to build
watershed projects and established the
Farmers Home Administration.
1955
National Survey of Hunting and
Fishing Activity was begun, originally
a River Basin Studies idea; realty
activities also were often handled by
River Basin Studies, particularly
involving Service acquisition of
wetlands in the Midwest.
Appendix A: Steps Along the
Way for Ecological Services
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1956
Fish and Wildlife Act of 1956 enacted:
Service was reorganized into the
Bureau of Sport Fisheries & Wildlife
and Bureau of Commercial Fisheries.
1958
Fish and Wildlife Coordination Act
was amended, strengthening the
Service position with construction
agencies and setting the stage for
more complete reforms in future years.
1960
Major increase in River Basin Studies
funding, partly from the initiation of
new lump sum fund transfers from
construction agencies to the Service at
the Washington office level for work on
water development projects and partly
from larger Resource Management
Appropriations.
1962
Rachel Carson’s book, Silent Spring,
published.
1964
The Service’s contaminant operation
activities began in the Division of
Fishery Services. In 1966, this activity
was expanded with the establishment
of regional pesticide use specialist
positions in the Division of Wildlife
Services.
The Branch of River Basin Studies was
elevated to Division status in the
Service.
1965
Federal Water Project Recreation Act
(PL 89-72) enacted; amended Fish and
Wildlife Coordination Act to clarify
allocation of costs for mitigation and
provided authority for enhancement.
1966
First Endangered Species Act (ESA)
enacted to “conserve and protect,
where practical, native species of fish
and wildlife that are threatened with
extinction.” It provided for listing
species, buying habitat, conducting
research, and propagation but
provided no prohibitions on “taking.”
1967
Mr. Harry Goodwin filled the initial
Endangered Species staff specialist
position in the Washington office.
Zabel/Russell v. Tabb court decision
upheld the Secretary of the Army’s
denial of a permit for a dredge and fill
project based on the impacts to fish and
wildlife resources and the Fish and
Wildlife Coordination Act. The U.S.
Supreme Court affirmed the case in
1971.
Division of River Basin Studies
responsibility for highway project
review and real estate work
transferred to other branches of the
Service.
The Department of the Interior and
the Corps of Engineers negotiated the
first Memorandum of Understanding
to provide a means to review disputed
Rivers and Harbors Act, section 10
wetland permit actions at the
Washington level.
1968
The National Estuary Protection Act
authorized the Division of River Basin
Studies to conduct a large scale
evaluation of the nation’s estuaries.
1969
National Environmental Policy Act
enacted; it served as a catalyst for
change in standards for evaluating
Federal actions and also established
oversight by the Council on
Environmental Quality.
1970
First Earth Day celebrated.
Water pollution control activities were
transferred from the Department of
the Interior to the newly established
Environmental Protection Agency.
President Nixon’s Reorganization Plan
IV transferred the Bureau of
Commercial Fisheries from the
Department of the Interior to the
Department of Commerce and
renamed it the National Marine
Fisheries Service.
1971
Office of Endangered Species and
International Affairs established in
Washington, D.C.
1972
Ban on the use of DDT in the United
States.
Federal Water Pollution Control Act
amended, established Section 402
Discharge Permits.
Coastal Zone Management Act enacted
requiring all Federal activities to
comply with State approved
management programs.
1973
The Division of River Basin Studies
was renamed the Division of Ecological
Services to better reflect expanded
responsibilities.
The Division of Ecological Services
launched major effort to develop a
series of guidance handbooks for
Ecological Services field biologists.
First National Conference of
Ecological Services Field Supervisors
held in Albuquerque, New Mexico.
ESA enacted with expanded
responsibilities for the Service
including the first time Federal funds
for State-administered endangered
species programs were provided.
1974
Service established the Office of
Biological Services to increase
expertise and knowledge in the areas
of energy development, coastal
ecosystems, wetlands, and other areas
and to develop conservation tools such
as the Habitat Evaluation Procedures
and Instream Flow Incremental
Methodology which are designed to
better assess habitat loss and stream
flow issues, respectively, and to
conduct resource management
research.
National Wetlands Inventory Project
initiated by the Office of Biological
Services and became operational in
1979.
Service established the Environmental
Contaminant Evaluation Program by
consolidating contaminant operations,
monitoring, and research activities
1975
NRDC v. Callaway established that
Section 404 of the Clean Water Act
applies to wetlands of the United
States.
1976
Endangered Species offices were
established in Service Regional Offices.
1977
Executive Order 11990 Protection of
Wetlands signed by President Carter
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to require Federal Agencies to
minimize destruction, loss, or
degradation of wetlands.
1978
ESA amendment established
Endangered Species Interagency
Committee to review and determine
whether exemptions should be
granted.
1979
Branch of Contaminant Operations
was established within the Division of
Ecological Services.
ESA amended; expanded the Act to
protect plants.
1980
Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980, the “Superfund” law,
established a “polluter pays”
hazardous waste cleanup program.
1981
Mitigation Policy published in the
Federal Register to guide all Service
activities.
1982
Service establishes the Division of
Resource Contaminant Assessment to
increase operational support and
coordination with staff located in the
Regional Offices and later in
Ecological Services field offices.
Memorandum of Agreement
established between the Department of
the Interior and the Department of the
Army to implement Section 404(q) of
the Clean Water Act.
ESA amendments authorize the
designation of experimental
populations for recovery of listed
species, establish section 10 permit
process for incidental take of listed
species on private lands pursuant to
Habitat Conservation Plans, and
reaffirm that the status of species
under the ESA is to be determined
solely on the basis of biological factors.
1983
First Wetlands Status and Trends
report published by the National
Wetlands Inventory.
1985
Electric Consumers Protection Act
enacted amending the Federal Power
Act to give the Service full and equal
standing in license matters affecting
fish and wildlife resources.
1986
The Division of Resource Contaminant
Assessment was renamed the Division
of Environmental Contaminants.
Authority to conduct ESA Section 7
consultations delegated to field stations.
Emergency Wetlands Resources Act
strengthened wetland conservation
programs.
Ecological Services, Endangered
Species, Federal Aid, and
Environmental Contaminants merged
under the umbrella programmatic
activity named Fish and Wildlife
Enhancement. The Office of Biological
Services was abolished.
1987
At Washington office, the Division of
Ecological Services and the Division of
Endangered Species reorganized to
merge as the Division of Endangered
Species and Habitat Conservation.
1988
President Bush established a national
policy of “No Net Loss of Wetlands.”
The Service established the Bay-
Estuary Program beginning with the
Chesapeake Bay in the Northeast and
expanding to all coasts emphasizing
proactive measures to protect and
restore coastal resources.
ESA reauthorized. Significant
revisions included public review for
recovery plans; increased emphasis on
plants; five year monitoring period for
delisted species; and tracking of
candidate species.
1990
At Washington office, the Division of
Endangered Species and Habitat
Conservation was reorganized and
split into the Division of Endangered
Species and Division of Habitat
Conservation. These two Divisions and
the Division of Environmental
Contaminants make up what is now the
umbrella programmatic activity
renamed Ecological Services.
Oil Pollution Act of 1990 enacted,
requiring area-wide oil spill
contingency planning.
The Coastal Wetlands, Planning,
Protection, and Restoration Act (PL
101-646, Title III) authorizes Federal
agencies to work with coastal States to
acquire, restore, manage, or enhance
coastal wetlands.
The Coastal Barrier Improvement Act
of 1990 amended the Coastal Barrier
Resources Act of 1982 and limits
Federal subsidies in undeveloped
coastal areas to minimize loss of
human life, avoid wasteful expenditure
of taxpayer dollars, and damage to
fish, wildlife, and other natural
resources.
1991
First update of Wetland Status and
Trends Report in conterminous United
States.
1994
The Departments of the Interior and
Commerce announce a 10 point plan
for administrative reforms for
improved implementation of the ESA.
This plan, based on a series of policies
developed in the early 1990’s, stresses
the importance of scientifically sound
decision making; establishes a
multispecies and ecosystem level
approach to conservation of the
nation’s biodiversity; encourages
enhanced partnerships with the States,
tribes, and local governments in ESA
implementation; and recognizes the
importance of fair treatment and a
more responsive approach in dealings
with non-Federal landowners.
The Service and National Marine
Fisheries Service (NMFS) announce
interagency policy on recovery
planning and implementation under
the ESA, intended to minimize social
and economic impacts consistent with
timely recovery of listed species.
The Service and NMFS announce
interagency policy to clarify and
ensure the role of peer review in ESA
activities to ensure that decisions are
based on the best scientific and
commercial data available.
1995
The evolved Division of River Basin
Studies observed its 50th year
anniversary with most of its former
responsibilities now housed in the
Division of Habitat Conservation.
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Sweet Home v. Babbitt decision by U.S.
Supreme Court upholds the view that
interpretation of “harm” to listed
species as defined under the ESA may
include destruction or significant
modification to a species’ habitat.
Reports issued by the National
Research Council and the Ecological
Society of America conclude that
sound science has been used in the
implementation of the ESA since it was
enacted in 1973.
Secretary Babbitt approves the first in
a series of “Safe Harbor” agreements
under the ESA, which are designed as
an incentive for non-Federal
landowners to manage their lands for
the benefit of listed species. Under
Safe Harbor agreements, landowners
receive assurances that the use of their
property will not be subject to
additional ESA restrictions due to
conservation activities that benefit and
attract listed species. At the end of a
Safe Harbor agreement, participating
landowners would be allowed to return
their property to its original baseline
condition.
1996
The Federal Agriculture Improvement
and Reform Act of 1996 (also known as
the “Farm Bill”) amends the 1985 and
1990 Acts. The conservation title of
the Act includes many powerful
conservation programs including the
Wetlands Reserve Program,
Conservation Reserve Program,
Wetland Conservation Compliance
Programs (Swampbuster), Wildlife
Habitat Incentive Program,
Environmental Quality Incentive
Program, Conservation Farm Option,
Flood Risk Reduction Program,
Conservation of Private Grazing Land
Program, Stewardship Incentive
Program, Forest Stewardship, and
other conservation authorities.
The Service and NMFS publish a
policy to clarify their interpretation of
the phrase “distinct population
segment of any species of vertebrate
fish or wildlife” for the purposes of
listing, delisting, and reclassifying
species under the ESA.
The Service and NMFS adopt a policy
to address the conservation needs of
ESA listed or proposed species while
providing for the continuation and
enhancement of recreational fisheries.
The Service and NMFS complete joint
Endangered Species Petition
Management Guidance to promote
efficiency and nationwide consistency
in evaluating ESA listing petitions and
documenting administrative findings.
1997
The Service and NMFS propose a joint
policy to provide regulatory assurance
to private landowners who enter into
Candidate Conservation Agreements
to remove threats to species that are
candidates for ESA listing before
listing becomes necessary.
Secretarial Order #3206, “American
Indian Tribal Rights, Federal–Tribal
Trust Responsibilities, and the
Endangered Species Act,” is issued by
the Departments of the Interior and
Commerce. The Order clarifies the
means of carrying out agency
responsibilities under the ESA in a
manner harmonious with Federal trust
responsibilities to tribes, tribal
sovereignty, and statutory missions of
the Departments.
1998
“No Surprises” policy final rule
codified and published in the Federal
Register. Provides assurances to
holders of ESA incidental take permits
issued under an approved Habitat
Conservation Plan that no additional
land use restrictions or financial
compensation will be imposed at a later
date beyond those required at the time
of permit issuance for species covered
by the permits.
The Service celebrates the 25th
anniversary of the ESA.
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Inventory/Planning
Coastal Wetlands Planning,
Protection, and Restoration Act of
1990 (16 U.S.C. 3951 et seq.): Requires
the Service’s National Wetlands
Inventory to update and digitize
wetlands maps in Coastal Texas and to
conduct an assessment of the status,
condition, and trends of wetlands in
that State.
Coastal Barrier Improvement Act of
1990 (104 Stat. 2931): Requires the
Service to produce revised maps of the
Coastal Barriers Resource system, and
submit a study to Congress on the need
to include the West Coast in the System
along with draft West Coast maps.
Emergency Wetlands Resources Act,
of 1986 as amended (100 Stat. 3582):
Requires the Secretary of the Interior
to establish and periodically review a
National wetlands priority
conservation plan for Federal and
State wetlands acquisition. It requires
the Secretary to complete National
Wetlands Inventory maps for the
contiguous United States by
September 30, 1998, and for Alaska,
Hawaii and other noncontiguous
portions of the United States by
September 30, 2000; produce by
September 30,1994 a digital database
for the United States based on final
maps; as well as archive and
disseminate all products as they
become available. It further requires
reports to Congress on the status and
trends of the Nations’ wetlands on a
10-year cycle.
Clean Water Act of 1977 (33 U.S.C
1288) Requires the Secretary of the
Interior to complete the National
Wetlands Inventory of the United
States and that the information be
provided to the States.
RAMSAR Convention (I.L.M. 11:963-
976; September 1972): Obligates
member countries to promote the wise
use of wetlands and designate wetlands
for inclusion in a “List of Wetlands of
International Importance.”
Appendix B: Overview of
Ecological Services Conservation
Authorities and Mandates
Restoration and Enhancement
Coastal Wetlands Planning,
Protection, and Restoration Act of
1990 (16 U.S.C. 3951 et seq.):
Authorizes acquisition, restoration,
management, or enhancement of
coastal wetlands in the United States
or its Territories. States or Territories
apply for matching grant funds
(National Coastal Wetlands
Conservation Grants) through Federal
Aid.
Comprehensive Environmental
Response, Compensation, and
Liability Act (Superfund), as
amended (42 U.S.C. 4611-4682):
Provides that responsible parties,
including Federal landowners,
investigate and clean up releases of
hazardous substances. Trustees for
natural resources may assess and
recover damages for injury to natural
resources from releases of hazardous
substances and use damages for
restoration, replacement or acquisition
of equivalent natural resources.
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531-1544): One of
the Act’s purposes is to conserve the
ecosystems upon which listed species
depend. Several general provisions in
the Act can be employed to achieve
wetland restoration and enhancement,
including grants to States (Sec. 6),
consultations (Sec. 7), and habitat
conservation planning (Sec. 10).
Sikes Act, as amended (16 U.S.C.
670a-670o): Authorizes the Secretary
of the Interior to cooperate with the
Department of Defense, Energy,
National Aeronautics and Space
Administration, Bureau of Land
Management, and State agencies in
planning, developing, maintaining and
rehabilitating Federal lands for the
benefit of fish and wildlife and their
habitat.
Technical Assistance
Clean Water Act (33 U.S.C. 1344): The
Service has extensive involvement with
the Environmental Protection Agency
(EPA) under provisions of the Clean
Water Act. The most important areas
relate to Sections 303 and 304, which
deal with water quality standards and
criteria, and Section 404, which deals
with discharge of dredged or fill
material. The Service also deals with
EPA actions under Sections 402 and 405.
Coastal Barriers Resources Act of
1982 (16 U.S.C. 3501 et seq.):
Designates undeveloped coastal
barrier islands, many of which contain
wetlands, as ineligible for direct or
indirect Federal financial assistance
that might support development. The
Service is responsible for
implementing the Act’s funding
prohibitions. The Coastal Barriers
Improvement Act of 1990 gave the
Service additional responsibilities for
implementing funding prohibitions.
Comprehensive Environmental
Response, Compensation, and
Liability Act (Superfund), as
amended (26 U.S.C 4611-4682): See
description under “Restoration/
Enhancement.”
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531-1544):
Requires Federal agencies, under
Section 7, to consult with the Service to
ensure that agency actions are not
likely to jeopardize the continued
existence of threatened or endangered
species. Also allows, under Section 10,
the take of listed species incidental to
otherwise lawful activities upon
approval of a habitat conservation plan
provided such take is not likely to
jeopardize continued existence of the
species.
Federal Power Act (16 U.S.C. 791-
828c): Requires that the Federal
Energy Regulatory Commission
consult with the Service on
hydropower license conditions to
protect, mitigate damages to, and
11
Land Management/Acquisition
Agricultural Credit Act of 1987 (7
U.S.C. 2002): Authorizes the Secretary
of Agriculture to transfer lands or
interest therein, to Federal or State
agencies for conservation purposes.
The Service screens inventory lands
and makes recommendations to
transfer such lands into the National
Wildlife Refuge System.
Emergency Wetlands Resources Act,
as amended (16 U.S.C. 3901):
Authorizes the purchase of wetlands
using Land and Water Conservation
Fund monies.
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531-1544):
Authorizes the acquisition of land,
waters, or interests therein for the
conservation of listed fish, wildlife and
plants, with Land and Water
Conservation Fund Act funds. States
also are allocated Section 6 funds by
the Service which can be used for
additional recovery efforts.
Federal Water Project Recreation Act,
as amended (16 U.S.C. 460(L)(12)-
460(L)(21): Authorizes the use of
Federal water project funds for land
acquisition to establish refuges for
migratory waterfowl when
recommended by the Secretary of the
Interior.
Fish and Wildlife Act of 1956, as
amended (16 U.S.C. 742a-742j, not
including 742 d-l): Authorizes the
Secretary of Interior to take steps
required for the development,
management, advancement,
conservation and protection of fish and
wildlife resources through acquisition
of refuge lands and other means. It
also authorizes provision of scientific
information and technical information
to other agencies.
Food Security Act of 1985, as amended
(16 U.S.C. 3801 et seq.): Establishes a
program to establish perpetual
conservation easements on Farm
Service Agency inventory properties to
protect and restore wetlands identified
by the Service. The Service may also
manage such easements as components
of the refuge system.
enhance fish and wildlife. License
exemptions must include fish and
wildlife terms and conditions provided
by the Service.
Fish and Wildlife Coordination Act,
as amended (16 U.S.C. 661-667e):
Requires consultation with the Service
whenever the waters of any stream or
other body of water are proposed or
authorized, permitted, or licensed to be
impounded, diverted . . . or otherwise
controlled or modified by a Federal
agency or any agency under a Federal
permit or license. Authorizes the
Service to propose reports to Congress
on impacts of contaminants to fish and
wildlife resources.
Food Security Act of 1985, as amended
(16 U.S.C. 3801 et seq.): The Secretary
of Agriculture consults with the
Service on the identification of
wetlands and determinations of
exemptions to the conservation
provisions of this Act. Also requires
Service consultation on conservation
plans for lands proposed for inclusion
in the Wetlands Reserve Program, and
establishes a program to protect and
restore wetlands on Farm Service
Agency (formerly Farmers Home
Administration) inventory properties.
National Environmental Policy Act of
1969, as amended (42 U.S.C. 4321-
4347): Requires the Service to review
and comment on Federal agency
environmental plans/documents when
the Service has jurisdiction by law or
special expertise with respect to any
environmental impacts involved. The
associated Council of Environmental
Quality regulations (40 CFR Parts
1500-1508) require National
Environmental Policy Act documents
to address fish and wildlife mitigation.
Oil Pollution Act of 1990 (33 U.S.C.
2701 et seq.): Requires consultation
with the Service for development of a
fish and wildlife response plan to
minimize risk to, and rehabilitate fish
and wildlife resources and their habitat
harmed by an oil discharge.
Water Resources Development Act of
1986 (33 U.S.C. 2201 et seq.): Directs
the Corps of Engineers to consult with
the Service to study the feasibility of
using the Corps capabilities for fish
and wildlife conservation, such as
habitat creation and improvement, for
indigenous species.
U.S. Department of the Interior
U.S. Fish & Wildlife Service
1849 C Street, NW
Washington, DC 20240
1 800/344 WILD
www.fws.gov
March 1999