§ 779.20 - [Reserved]

§ 779.20 What information on fish and wildlife resources must I include in my permit application?

(a) General requirements. Your permit application must include information on fish and wildlife resources for the proposed permit and adjacent areas, including all species of fish, wildlife, plants, and other life forms listed or proposed for listing under the Endangered Species Act of 1973, 30 U.S.C. 1531 et seq. The adjacent area must include all lands and waters likely to be affected by the proposed operation.

(b) Scope and level of detail. The regulatory authority will determine the scope and level of detail for this information in coordination with state and federal agencies with responsibilities for fish and wildlife. The scope and level of detail must be sufficient to design the protection and enhancement plan required under § 780.16 of this chapter.

(c) Site-specific resource information requirements. Your application must include site-specific resource information if the proposed permit area or the adjacent area contains or is likely to contain one or more of the following -

(1) Species listed or proposed for listing as threatened or endangered under the Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., or designated or proposed critical habitat under that law. When these circumstances exist, the site-specific resource information must include a description of the effects of future non-federal activities that are reasonably certain to occur within the proposed permit and adjacent areas.

(2) Species or habitat protected by state or tribal endangered species statutes and regulations.

(3) Habitat of unusually high value for fish and wildlife, which may include wetlands, riparian areas, cliffs that provide nesting sites for raptors, significant migration corridors, specialized reproduction or wintering areas, areas offering special shelter or protection, and areas that support populations of endemic species that are vulnerable because of restricted ranges, limited mobility, limited reproductive capacity, or specialized habitat requirements.

(4) Other species or habitat identified through interagency coordination as requiring special protection under state, tribal, or federal law, including species identified as sensitive by a state, tribal, or federal agency.

(5) Perennial or intermittent streams.

(6) Native plant communities of local or regional ecological significance.

[Reserved]