My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
WSP11329
CWCB
>
Water Supply Protection
>
Backfile
>
11000-11999
>
WSP11329
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
1/26/2010 3:17:00 PM
Creation date
10/12/2006 4:53:48 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8065
Description
Section D General Statewide Issues - Endangered Species Act - Fisheries
State
CO
Basin
Statewide
Date
9/30/1997
Author
Various
Title
Endangered Species Act - Various Reports - 1990s - 09-30-97 through 11-05-99
Water Supply Pro - Doc Type
Report/Study
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
122
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
<br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... on 2 5 7 3 Page 22 of 44 <br /> <br />(iv) neither the Federal agency concerned nor the exemption applicant made any <br />irreversible or irretrievable commitment ofresources prohibited by subsection (d); <br />and <br />(8) it establishes such reasonable mitigation and enhancement measures, including, <br />but not limited to, live propagation, transplantation, and habitat acquisition and <br />improvement, as are necessary and appropriate to minimize the adverse effects of the <br />agency action upon the endangered species, threatened species, or critical habitat <br />concerned. <br />Any final determination by Committee under this subsection shall be considered final <br />agency action for purposes of chapter 7 of title 5 of the United States Code. <br />(2)(A) Except as provided in subparagraph (8), an exemption for an agency action <br />granted under paragraph (I) shall constitute a permanent exemption with respect to <br />all endangered or threatened species for the purposes of completing such agency <br />action- <br />(i) regardless whether the species was identified in the biological assessment; and <br />(ii) only if a biological assessment has been conducted under subsection (c) with <br />respect to such agency action. <br />(8) An exemption shall be permanent under subparagraph (A) unless- <br />(i) the Secretary finds, based on the best scientific and commercial data available, that <br />such exemption would result in the extinction of a species that was not the subject of <br />consultation under subsection (a)(2) or was not identified in any biological <br />assessment conducted under subsection (c), and <br />(ii) the Committee determines within 60 days after the date of the Secretary's finding <br />that the exemption should not be permanent. <br />lfthe Secretary makes a finding described in clause (i), the Committee shall meet <br />with respect to the matter within 30 days after the date of the finding. <br /> <br />(i) REVIEW BY SECRET AR Y OF ST A TE.-Notwithstanding any other provision of <br />this Act, the Committee shall be prohibited from considering for exemption any <br />application made to it, if the Secretary of State, after a review of the proposed agency <br />action and its potential implications, and after hearing, certifies, in writing, to the <br />Committee within 60 days of any application made under this section that the <br />granting of any such exemption and the carrying out of such action would be in <br />violation of an international treaty obli- gation or other international obligation of the <br />United States. The Secretary of State shall, at the time of such certification, publish a <br />copy thereof in the Federal Register. <br /> <br />U) Notwithstanding any other provision of this Act, the Committee shall grant an <br />exemption for any agency action if the Secretary of Defense finds that such <br />exemption is necessary for reasons of national security. <br /> <br />(k) SPECIAL PROVlSIONS.-An exemption decision by the Committee under this <br />section shall not be a major Federal action for purposes of the National <br />Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided, That an <br />environmental impact statement which discusses the impacts upon endangered <br />species or threatened species or their critical habitats shall have been previously <br />prepared with respect to any agency action exempted by such order. <br /> <br />http://www . fws.gov /-rgendspp/esa.html <br /> <br />9/30/97 <br />
The URL can be used to link to this page
Your browser does not support the video tag.