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All other Federal agencies shall, in consultation with and with the assistance of
the Secretary, utilize their authorities in furtherance of the purposes of this Act by
carrying out programs for the conservation of endangered species and threatened
species listed pursuant to section 4 of this Act (16 U.S.C. § 1536 (a)(1)).
According to 16 U.S.C. § 1532 (3),
The terms ''conserve'', ''conserving'', and ''conservation'' mean to use and the use
of all methods and procedures which are necessary to bring any endangered
species or threatened species to the point at which the measures provided pursuant
to this chapter are no longer necessary. Such methods and procedures include, but
are not limited to, all activities associated with scientific resources management
such as research, census, law enforcement, habitat acquisition and maintenance,
propagation, live trapping, and transplantation [emphasis added].
The recovery of the western lily depends on the conservation and protection of the
Crescent City Marsh Wildlife Area. If the western lily population in this location is not
protected from impacts that result in a decline of the population, the recovery goal of
downlisting to threatened will certainly not be met, and the species as a whole is likely to
be jeopardized.
The Marbled Murrelet and the Northern Spotted Owl
The proposed action has the potential to modify northern spotted owl habitat and disturb
marbled murrelets and northern spotted owls in Jedediah Smith State Park. Construction
activities and long-term ongoing disturbance related to the proposed project during these
species' breeding seasons could result in direct, indirect, and cumulative significant
negative impacts to these species, both of which are federally listed. According to a
recent scientific report, the marbled murrelet faces a 100% probability of extinction in
California, Oregon, and Washington within the next forty years (Portland Oregonian,
May 5, 2004).
The lack of information on the presence, abundance, and reproductive status of these
species within the project area should be disclosed prior to the public review period.
Impacts to critical habitat should be analyzed in conjunction with this permit application,
and this information is also absent from the proposal as submitted.
V. Impacts to Wetlands
Direct, indirect, and cumulative impacts to onsite and adjacent wetlands are not
adequately addressed by the project proposal.
Direct impacts to wetlands cannot be evaluated at this time due to lack of substantial
information. Surveys should be conducted to determine the presence, quality, and
abundance of wetland habitats in the area proposed for development. Standard wetland