The Federal Endangered Species Act of 1973, as amended (“Act”), requires all federal agencies to consider listed species in their planning efforts and to take positive actions to further the conservation of these species. Section 9 of the Act prohibits any taking of a listed species. Definition of “Take” The definition of “take” includes to harass, harm, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct. A notable component of this definition is the definition of “harm.” “Harm” in the definition of “take” means an act that actually kills or injures protected wildlife. Such acts may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavior patterns, including breeding, feeding, or sheltering (50 CFR 17.3). Agency Consultation Sections 7 and 10 of the Act allow the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to approve exceptions to the federal prohibition against take of a listed species. If there is another federal agency involved with a project, Section 7 of the Act requires federal interagency consultation to minimize impacts to listed species. If no other federal agency is involved, Section 10 of the Act is invoked for an area in which several projects will occur, for activities connected to a single project, or for takings as small as a single specimen. Under both Sections 7 and 10, the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service will evaluate potential effects of the project and require specific protection measures.
Your Responsibilities
Under the Act
Compliance
with the Federal Endangered Species Act may be required for your proposed
project. Listed species change from time to time and the species listed
here may not represent a current comprehensive list of all protected species.
Project proponents and agencies that approve projects are encouraged to
contact the U.S. Fish and Wildlife Service’s Ventura Field Office at (805)
644-1766 and the National Marine Fisheries Service Long Beach Office at
(562) 980-4020 for information about federally listed, proposed, and sensitive
species in your project area.
Be Aware!
Significant
civil and criminal penalties, including fines and jail sentences, may be
imposed upon individuals who “take” a federally listed species without
appropriate permits and without U.S. Fish and Wildlife Service or National
Marine Fisheries Service approval. Violations of the Federal Endangered
Species Act, as amended, can include up to $100,000 in fines and/or one
year in jail.