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.. ....-<roo ..a..~ gyn.,,, <br /> <br />Procedure Act. 5 U.S.C. § 706(2). <br />ID= • <br />TEIIRD Ci;AIM FOR RELIEF <br />(Violation of 16 U.S.C. § 1536(a)(1) (ESA) - Against DOE) <br />41. Each and every allegation set forth in the Second <br />PAGE 12/30 <br />Amended Complaint is incorporated by reference. <br />42. Under the ESA, [he FWS must determine which species of <br />plants and animals are threatened or endangered. 16 O.S.C. § <br />1533. Once a species is listed, federal agencies have an <br />aff:.rmative duty conserve listed species. Section 7(a)(1) of the <br />ESA requires that ^(a]11 other Federal agencies shall . <br />utilize their authorities in furtherance of the purposes of this <br />chapter by carrying out programs for the conservation of <br />endangered species and threatened species." 16 U.S.C. § <br />1536 fal(l). The bSA defines "conservation° as "to use and the <br />use of all methods and procedures which are necessary to bring <br />any endangered species or threatened species to the point at <br />which the measures provided pursuant to this chapter are no <br />longe~.r necessary." 16 U.S.C. § 1532(3). Federal agencies must <br />take action to provide for the recovery of listed species. <br />43. DOE has not taken action to conserve the Preble's <br />meadow jumping mouse at Rocky Flats' Rock Creek drainage. The <br />Rock •`Yeek drainage in the Buffer Zone supports one of the <br />large:>t remaining known populations of the mouse. The wetlands <br />and riparian habitat in Rock Creek must be conserve for the <br />reCOVE~ry of the listed mouse. <br />94. By failing to provide for the conservation for the <br />Second Amended Complaint <br />12 <br />