[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR230.30]



[Page 267]

 

                   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.