TABLE OF CONTENTS
Topics | Sections |
3.1 What is the purpose of this chapter and the associated appendix? 3.2 What is the scope of this chapter and the associated appendix? 3.3 What is the overall policy? 3.4 What is the authority for this chapter and the associated appendix? | |
3.5 Who is responsible for the policy regarding Endangered Species Act compensatory mitigation? |
OVERVIEW
3.1 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 compensatory mitigation under the Endangered Species Act (ESA).
B. The policy’s purpose is to:
(1) Provide clarity and predictability to Service staff and project proponents on applying compensatory mitigation in the context of the ESA to offset effects to federally listed, proposed, or at risk-species, and proposed or designated critical habitat.
(2) Assist other Federal agencies in carrying out their statutory and regulatory responsibilities under the ESA and to provide project proponents with guidance on the appropriate use of compensatory mitigation for proposed actions.
3.2 What is the scope of this chapter and the associated appendix? This chapter and the compensatory mitigation policy apply to Service compensatory mitigation requirements and recommendations involving federally listed, proposed, and at-risk species, and proposed or designated critical habitat.
3.3 What is the overall policy? The policy in Appendix 1 provides direction to Service staff that outlines consistent and robust criteria for effective, science-based compensatory mitigation to offset effects to federally listed species and critical habitat to support a goal of no net loss in their conservation status. The policy:
A. Adopts the mitigation principles established in the Service’s Mitigation Policy at 501 FW 2, Appendix 1, including observing the mitigation hierarchy, avoiding high value habitats, ensuring durability and effectiveness, and approaching compensatory mitigation from a landscape perspective.
B. Describes consistent and equivalent standards for compensatory mitigation to ensure lasting and accountable conservation outcomes, regardless of the compensatory mitigation mechanism (i.e., conservation banks, in-lieu fee programs, proponent-responsible mitigation, etc.).
C. Articulates the Service’s preference for advanced mitigation (i.e., in place before impacts occur) that is strategically sited in areas identified as conservation priorities.
3.4 What is the authority for this chapter and the associated appendix? The authority for this chapter and Appendix 1 is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
RESPONSIBILITIES
3.5 Who is responsible for the policy regarding ESA compensatory mitigation? See Table 3-1.
Table 3-1: Responsibilities for ESA Compensatory Mitigation
These employees… | Are responsible for… |
A. The Director | (1) Approving or declining to approve the ESA compensatory mitigation policy; and (2) Supporting the Ecological Services program 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 effective compensatory mitigation policies are in place, consistent with our authorities, that further the Service’s ability to conserve federally listed, proposed, and at-risk species, and proposed or designated critical habitat. |
C. Regional and Field Ecological Services staff | Reviewing and ensuring consistent implementation of the policy in Appendix 1. |
D. 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. |