early successional fens and coastal scrub from northwestern California to central Oregon
It was listed as endangered without critical habitat in 1994. More than half of all known
flowering plants occur at the Crescent City Marsh Wildlife Area. The population is
currently estimated at 2,000 plants and represents the only recovery-level population as
defined by the federal recovery plan for the species (Bencie and Imper 2003; U.S. Fish
and Wildlife Service 1998). The population at the Crescent City Marsh Wildlife Area has
been in decline for the past five years, and this decline may be associated with impacts to
water levels of past development within the watershed. Since the proposed project seeks
to develop a substantial portion of the remaining wetlands upslope from the lily
population, it is likely that such development would have significant direct, indirect, and
cumulative negative impacts to the western lily population. Such impacts may in fact
jeopardize the recovery of the species, since this population is the only viable population
of the species.
of wetlands that qualify as waters of the United States. Such discharge is not consistent
with federal regulations, which state that:
threatened or endangered species as defined under the Endangered Species Act, or
adversely modify or destroy the critical habitat of such species (33 CFR § 323.4
(a)(6)(ix)).
intends to initiate a Section 7 informal consultation with the U.S. Fish & Wildlife
Service. According to the Endangered Species Act of 1973, Section 7(a)(2):
Secretary, insure that any action authorized, funded, or carried out by such agency
(hereinafter in this section referred to as an "agency action") is not likely to
jeopardize the continued existence of any endangered species or threatened
species or result in the destruction or adverse modification of habitat of such
species which is determined by the Secretary, after consultation as appropriate
with affected States, to be critical, unless such agency has been granted an
exemption for such action by the Committee pursuant to subsection (h) of this
section. In fulfilling the requirements of this paragraph each agency shall use the
best scientific and commercial data available (16 U.S.C. § 1536 (a)(2)).
project. A formal consultation must be initiated to ensure that the western lily is protected
in a manner that will ensure the species' recovery and survival, and in a manner that is
consistent with federal laws and regulations. According to the Endangered Species Act,