Laserfiche WebLink
WILDLIFE RESOURCES ASSESSMENT <br /> MORTON LAKES PROPERTY <br /> WELD COUNTY,COLORADO <br /> Wildlife Regulations <br /> Federally threatened and endangered species are protected under the Endangered Species <br /> Act(ESA)of 1973,as amended(16 U.S.C. 1531 et seq.). Section 4 of the ESA prohibits <br /> "take"of any federally listed species. Take is defined as"to harm, harass,pursue, hunt, <br /> shoot,wound,kill,trap,capture, or collect wildlife being addressed." Potential effects to a <br /> federally listed species or its habitat resulting from a project with a federal action require <br /> consultation with the U.S. Fish and Wildlife Service(Service)under Section 7 of the ESA. <br /> Wildlife species not listed as federally threatened or endangered are not protected under <br /> any federal jurisdiction, but are protected under State Statute 33 (Colo. Rev. Stat.Ann. §§ <br /> 33-1-101-124),which defines the state's policy to protect, preserve,enhance,and manage <br /> wildlife and their environment. According to State Statute 33,which is regulated by the <br /> Colorado Division of Wildlife(CDOW),the State must maintain a list of species determined <br /> to be threatened or endangered within the State. CDOW also maintains a list of species of <br /> concern,but these species are not protected under State Statute 33. Also under State Statute <br /> 33,the Colorado Wildlife Commission issues regulations and develops management <br /> programs for all Colorado wildlife species,which are then implemented by CDOW. <br /> Migratory birds, including raptors,and any active nests are protected under the <br /> Migratory Bird Treaty Act(MBTA). The MBTA prohibits activities that may harm or <br /> harass migratory birds. While destruction of a nest by itself is not prohibited under the <br /> MBTA,nest destruction that results in the unpermitted take of migratory birds or their eggs <br /> is illegal and fully prosecutable under the MBTA(Migratory Bird Permit Memorandum, <br /> U.S. Fish and Wildlife April 15,2003). <br /> Ecological and Other Features of the Project Area <br /> This site historically has been used for agriculture, including livestock grazing, <br /> livestock feed production, and agricultural crops. Current land use in the area is <br /> agricultural including pasture, vegetables, and fallow fields (Photos 1 through 12). Big <br /> Dry Creek flows through the southeast corner of the project area, and Lupton Bottoms <br /> Ditch flows north from Big Dry Creek through the center of the project area(Figure 2). <br /> Lupton Meadows Ditch flows along a portion of the eastern edge of the project area. <br /> ERO <br /> 3 Resources <br /> Corporation <br />