Water/Ecology Section

PDebra Nelson, Section HeadPDave Graves, Water Quality SpecialistPKurt Weiskotten, Wetlands/Ecology SpecialistPSteve Radzyminski, Aquatic Ecologist/Stream

Restoration Specialist

GENERAL ECOLOGYRegulations and Requirements

PFederal Endangered Species Involvement(USFWS and NMFS)

PState Endangered Species Involvement andScreening Process (NYSDEC)

ENDANGERED SPECIES

PEndangered Species Act of 1973< Provides for the designation and protection of wildlife and

plants in danger of becoming extinct, and the preservationof the ecosystems on which they depend.

PFish and Wildlife Coordination Act< Assures that fish and wildlife resources receive equal

consideration with other values during planning of waterresource related projects.

PNMFS and Essential Fsih Habitat (EFH)

Federal Endangered Species Act

P Endangered Species in NYS: Any species of fish, shellfish,crustacea, wildlife or plant designated by DEC that are inimminent danger of extirpation or extinction in NY State; orare listed as endangered by the USFWS.

P Threatened Species: Likely to become endangered.

P Protected Plant Species: Plants listed as endangered,threatened, rare or vulnerable, including those listed by FWS.

P Proposed Species: Any species of fish, wildlife or plant listedin the Federal Register for potential listing.

State Endangered Species

ECL Article 11 6 NYCRR Part 182

PExempt ProjectsPRed Flag Maps and GIS Data Sets< Significance< Agency Contact

PSite ScreeningPEndangered and Threatened Species Survey

PAvoid, Minimize and Mitigate

Species ScreeningUSFWS, NMFS and DEC

P Intended to prevent the introduction ofinvasive species and provide for their controland to minimize economic, ecological, andhuman health impacts.

PDOT has many opportunities and avenues toimplement invasive species control.

PAlready doing invasive control work andresearch.

EXECUTIVE ORDER 13112 INVASIVE PLANTS

Signed February 1999

PFederal funds and the EOPNEPA analysisP Innovative design - landscapingPCoordinated researchPTrainingP Interagency cooperationPCommitteesPEtc. - wide open

Invasive Species EO 13112 - Cont’d

PUnder the MBTA, it is unlawful to pursue,hunt, take, capture, or kill any migratory birdexcept as permitted by regulation.

PProhibits the take, possession, import,transport, sale, etc. of these activites exceptunder a valid permit.

PA migratory bird is any species listed in 50CFR10.13, including any part, nest or egg.

EXECUTIVE ORDER 13186MIGRATORY BIRD TREATY ACT

Signed January, 2001

P Take does not include habitat destruction, as longas there is no direct taking of birds, nests, eggs orparts thereof.

P EO directs Federal Agencies to develop a MOUwith the USFWS to further implement MBTA - (thismay not be necessary.)

P Activities likely to involve MBTA: clearing, grubbing,mowing, bridge cleaning, painting, demolition, andpossibly some culvert work.

P A permit may be required to remove inactive nests

EO 13186 - cont’d

MIGRATORY BIRD QUIZWhat are they? - yell it out!

I really docare aboutbirds andplants !