[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR230.30]

[Page 266]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 230_SECTION 404(b)(1) GUIDELINES FOR SPECIFICATION OF DISPOSAL 
SITES FOR DREDGED OR FILL MATERIAL--Table of Contents
 
Subpart D_Potential Impacts on Biological Characteristics of the Aquatic 
                                Ecosystem
 
Sec. 230.30  Threatened and endangered species.

    Note: The impacts described in this subpart should be considered in 
making the factual determinations and the findings of compliance or non-
compliance in subpart B.


    (a) An endangered species is a plant or animal in danger of 
extinction throughout all or a significant portion of its range. A 
threatened species is one in danger of becoming an endangered species in 
the foreseeable future throughout all or a significant portion of its 
range. Listings of threatened and endangered species as well as critical 
habitats are maintained by some individual States and by the U.S. Fish 
and Wildlife Service of the Department of the Interior (codified 
annually at 50 CFR 17.11). The Department of Commerce has authority over 
some threatened and endangered marine mammals, fish and reptiles.
    (b) Possible loss of values: The major potential impacts on 
threatened or endangered species from the discharge of dredged or fill 
material include:
    (1) Covering or otherwise directly killing species;
    (2) The impairment or destruction of habitat to which these species 
are limited. Elements of the aquatic habitat which are particularly 
crucial to the continued survival of some threatened or endangered 
species include adequate good quality water, spawning and maturation 
areas, nesting areas, protective cover, adequate and reliable food 
supply, and resting areas for migratory species. Each of these elements 
can be adversely affected by changes in either the normal water 
conditions for clarity, chemical content, nutrient balance, dissolved 
oxygen, pH, temperature, salinity, current patterns, circulation and 
fluctuation, or the physical removal of habitat; and
    (3) Facilitating incompatible activities.
    (c) Where consultation with the Secretary of the Interior occurs 
under section 7 of the Endangered Species Act, the conclusions of the 
Secretary concerning the impact(s) of the discharge on threatened and 
endangered species and their habitat shall be considered final.