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The project as submitted includes approximately 9.3 acres of impervious surface
and parking lots, which have the potential to cause erosion, sedimentation,
pollutant loading, and alteration of the hydrological regime of the Crescent City
Marsh. It is unclear at this time whether the Bureau of Indian Affairs (BIA), as the
Lead Agency, intends to initiate a Section 7 informal consultation with the U.S.
Fish & Wildlife Service. According to the Endangered Species Act of 1973,
Section 7(a)(2):
Each Federal agency shall, in consultation with and with the assistance of
the Secretary, insure that any action authorized, funded, or carried out by
such agency (hereinafter in this section referred to as an "agency action")
is not likely to jeopardize the continued existence of any endangered
species or threatened species or result in the destruction or adverse
modification of habitat of such species which is determined by the
Secretary, after consultation as appropriate with affected States, to be
critical, unless such agency has been granted an exemption for such
action by the Committee pursuant to subsection (h) of this section. In
fulfilling the requirements of this paragraph each agency shall use the
best scientific and commercial data available (16 U.S.C. 1536 (a)(2)).
An informal consultation with the U.S. Fish & Wildlife Service is inadequate for
this project. A formal consultation must be initiated to ensure that the western lily
is protected in a manner that will ensure the species' recovery and survival, and
in a manner that is consistent with federal laws and regulations. According to the
Endangered Species Act,
All other Federal agencies shall, in consultation with and with the
assistance of the Secretary, utilize their authorities in furtherance of the
purposes of this Act by carrying out programs for the conservation of
endangered species and threatened species listed pursuant to section 4 of
this Act (16 U.S.C. 1536 (a)(1)).
According to 16 U.S.C. 1532 (3),
The terms ''conserve'', ''conserving'', and ''conservation'' mean to use and
the use of all methods and procedures which are necessary to bring any
endangered species or threatened species to the point at which the
measures provided pursuant to this chapter are no longer necessary.
Such methods and procedures include, but are not limited to, all activities
associated with scientific resources management such as research,
census, law enforcement, habitat acquisition and maintenance,
propagation, live trapping, and transplantation [emphasis added].
The recovery of the western lily depends on the conservation and protection of
the Crescent City Marsh Wildlife Area. If the western lily population in this
location is not protected from impacts that result in a decline of the population,