TABLE OF CONTENTS
Topics | Sections |
2.1 What is the purpose of this chapter and the associated appendix? 2.2 What is the scope of this chapter and the associated appendix? 2.3 What is the overall policy? 2.4 What are the authorities for this chapter and the associated appendix? | |
2.5 Who is responsible for the mitigation policy? |
OVERVIEW
2.1 What is the purpose of this chapter and the associated appendix?
A. This chapter establishes the attached document (Appendix 1) as the policy of the U.S. Fish and Wildlife Service (Service) for mitigation.
B. The policy’s purpose is to provide guidance to Service personnel in formulating and delivering recommendations and requirements to action agencies and project proponents so that they may avoid, minimize, and compensate for their actions’ impacts to species and their habitats, and uses thereof.
2.2 What is the scope of this chapter and the associated appendix? This chapter and the mitigation policy serve as overarching Service guidance applicable to all actions for which the Service has specific authority to recommend or require the mitigation of impacts to fish, wildlife, plants, and their habitats, and uses thereof.
2.3 What is the overall policy? Consistent with congressional direction through the statutes identified in the policy in Appendix 1, the Service has a responsibility to ensure that impacts to fish, wildlife, plants, and their habitats are considered when actions are planned, and that those impacts are mitigated so that these resources may provide a continuing benefit to the American people. Accordingly, it is the policy of the Service to seek to mitigate losses of fish, wildlife, plants, their habitats, and uses thereof resulting from proposed actions. The policy:
A. Establishes mitigation principles, including observing the mitigation hierarchy, avoiding high-value habitats, ensuring durability and effectiveness, and approaching compensatory mitigation from a landscape perspective.
B. Establishes an overall mitigation planning goal of maintaining the current status of affected resources (i.e., no net loss). Service mitigation recommendations and requirements should focus on important, scarce, or sensitive resources, as informed by established conservation objectives and strategies; should specify the means and measures that achieve no net loss; and should be consistent with applicable statutory authorities and the responsibilities of action proponents.
2.4 What are the authorities for this chapter and the associated appendix? The authorities for this chapter and the policy in Appendix 1 are the multiple statutes that provide the Service specific authority for conservation of fish, wildlife, plants, and their habitats and that give the Service a role in mitigation planning for actions affecting them:
A. Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.).
B. Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.).
C. Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
D. Federal Power Act (16 U.S.C. 791–828c).
E. Federal Water Pollution Control Act (Clean Water Act) (33 U.S.C. 1251 et seq.).
F. Fish and Wildlife Conservation Act (16 U.S.C. 2901–2912).
G. Fish and Wildlife Coordination Act, as amended (16 U.S.C 661–667(e)).
H. Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.).
I. Migratory Bird Treaty Act (16 U.S.C. 703–712).
J. National Environmental Policy Act (42 U.S.C. 4321 et seq.).
K. National Wildlife Refuge System Administration Act (16 U.S.C. 668dd et seq.).
L. Oil Pollution Act (33 U.S.C. 2701 et seq.).
RESPONSIBILITIES
2.5 Who is responsible for the mitigation policy? See Table 2-1.
Table 2-1: Responsibilities for Mitigation Policy
These employees… | Are responsible for… |
A. The Director | (1) Approving or declining to approve the mitigation policy; and (2) Supporting Service programs to work effectively with other Federal agencies, States, Tribes, project proponents, and our conservation partners in implementing the policy. |
B. The Assistant Director – Ecological Services | Ensuring an effective mitigation policy is in place that furthers the Service’s ability to conserve those resources identified in statute or implementing regulations that provide the Service authority to make mitigation recommendations or specify mitigation requirements. |
C. All Other Directorate Members | Directing actions to implement the policy in their Regions, programs, or other areas of responsibility. |
D. Regional and Field Service staff | Reviewing and ensuring consistent implementation of the policy in Appendix 1. |
E. The Chief, Division of Environmental Review in Ecological Services (Headquarters) | (1) Keeping this policy up to date, and (2) Providing relevant implementing guidance to Regional and field offices. |