Laws and Regulations: Ecological ResourcesFederal statutes (laws), Executive Orders, and regulations concerned with ecological resources. Follow the links below to learn about Federal statutes (laws), Executive Orders, and regulations that may apply to specific activities associated with energy development that may impact ecological resources. Legislation (16 USC 668-668c) that prohibits anyone without a permit issued by the Secretary of the Interior from "taking" bald eagles or golden eagles, including their parts, nests, or eggs. The full suite of regulations promulgated by the U.S. Fish and Wildlife Service (USFWS) under this Act is available at 50 CFR 22. Legislation providing a means for listing native animal and plant species as endangered and giving them and their habitats limited protection. The ESA (16 USC 1531 et seq.) is jointly administered by the U.S. Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NMFS). The Act requires federal agencies, in consultation with the USFWS and/or the NMFS, to ensure that their actions are not likely to jeopardize the continued existence of any listed species or result in adverse effects on designated critical habitat of such species. It also prohibits any action that causes a "taking" of any listed species of endangered fish or wildlife; the removal of any endangered plant from an area under federal jurisdiction; and the import, export, and interstate and foreign commerce of listed species. The full suite of ESA regulations promulgated by the USFWS is available at 50 CFR 17. The full suite of ESA regulations promulgated by the NMFS is available at 50 CFR 216-296. Executive Order 11988 was issued by President Carter on May 24, 1977, directing federal agencies to avoid, to the extent possible, the long- and short-term adverse impacts associated with the occupancy and modification of floodplains and to avoid direct and indirect support of floodplain development wherever there is a practicable alternative. Executive Order 11990 was issued by President Carter on May 24, 1977, directing federal agencies to avoid, to the extent possible, the long- and short-term adverse impacts associated with the destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands wherever there is a practicable alternative. Executive Order 12996 was issued by President Clinton on March 25, 1996, to conserve fish and wildlife and their habitat. This order further defined the mission of the National Wildlife Refuge System and provided directions to the Secretary of the Interior regarding management of the Refuge System resources. Executive Order 13112 was issued by President Clinton on February 3, 1999, to prevent the introduction of invasive species; provide for their control; and minimize the economic, ecological, and human health impacts that invasive species cause. This order defines invasive species, requires federal agencies to address invasive species concerns and to not authorize or carry out new actions that would cause or promote the introduction of invasive species, and established the Invasive Species Council. Executive Order 13186 was issued by President Clinton on January 10, 2001, directing federal agencies taking actions with a measurable negative effect on migratory bird populations to develop and implement a Memorandum of Understanding with the U.S. Fish and Wildlife Service that promotes the conservation of migratory bird populations. Legislation (16 USC 661 et seq.) requiring federal agencies that construct, license, or permit water resource development projects to first consult with the U.S. Fish and Wildlife Service (USFWS) and, in some instances, the National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service, as well as with state fish and wildlife agencies regarding the impacts on fish and wildlife resources and measures to mitigate these impacts. Although regulations were drafted jointly by the USFWS and NOAA, they were never finalized. Legislation providing for the protection of all marine mammals. The Act (16 USC 1361 et seq.) prohibits the hunting, killing, capture, and/or harassment of marine mammals, as well as the import, export, and sale of marine mammals, within the United States. Authority under the MMPA is divided between the U.S. Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS). A third agency, the Marine Mammal Commission, was established to review and make recommendations on the policies and actions of the USFWS and NMFS related to their implementation of the MMPA. The full suite of MMPA regulations promulgated by the USFWS is available at 50 CFR 18. The full suite of MMPA regulations promulgated by the NMFS is available at 50 CFR 216. Legislation (16 USC § 703 et seq.) making it unlawful to pursue, hunt, take, capture, kill, offer for sale, to purchase, or to offer for shipment any bird, egg, or nest protected under several migratory bird treaties, except as permitted under regulation. The full suite of regulations promulgated by the U.S. Fish and Wildlife Service (USFWS) under this Act is available at 50 CFR Parts 10, 14, 20 and 21. Legislation authorizing the Secretary of Commerce to designate and protect areas of the marine environment as national marine sanctuaries. Under this Act (16 USC 1433 et seq.), an area may be designated as a national marine sanctuary due to its conservation, recreational, ecological, historical, scientific, cultural, archeological, educational, or esthetic qualities. Day-to-day management of national marine sanctuaries has been delegated to the National Oceanic and Atmospheric Administration (NOAA). Regulations promulgated by NOAA under this Act are available at 15 CFR 922. These regulations prohibit specific kinds of activities, describe and define the boundaries of the designated national marine sanctuaries, and set up a system of permits to allow the conduct of certain types of activities (that would otherwise not be allowed). Legislation establishing the National Wildlife Refuge System and providing directives for the administration of all areas within this system, including wildlife refuges, areas required for the protection and conservation of threatened fish and wildlife species, wildlife ranges, game ranges, wildlife management areas, and waterfowl protection areas. This Act (16 USC 668dd et seq.) has been amended many times to add or strengthen provisions related to the management of these areas. The full suite of regulations promulgated by the U.S. Fish and Wildlife Service (USFWS) is available at 50 CFR 25-38. Legislation issued in 1974, as amended by Section 15 of the Management of Undesirable Plants on Federal Lands in 1990. This Act (7 USC 2801 et seq.) defines noxious weeds and authorizes the U.S. Department of Agriculture (USDA) to establish requirements controlling the importation, transportation, and sale of noxious weeds. The full suite of regulations promulgated by the USDA is available at 7 CFR 360. Legislation to protect wild free-roaming horses and burros from capture, branding, harassment, or death. Under this Act (16 USC 1331 et seq.), the U.S. Bureau of Land Management (BLM) has issued regulations requiring that wild horses and burros be managed as an integral part of the natural system of public lands under the principle of multiple use. In some instances, agreements have been negotiated between the BLM and a tribe regarding management of a specific herd. The full suite of regulations issued by the BLM is available at 43 CFR 4700. |
