10. stakeholders in over 380 recovery planning and/or implementation initiatives For example, the Service has coordinated with the Meniminee and Winnebago tribes to jointly conduct surveys for the presence of Churner blue butterflies and to establish guidelines for re-planting of native vegetation for logged areas within known localities to alleviate the effects to the species, while allowing logging in these areas. Prevent species from becoming endangered or threatened The Service has developed a Candidate Conservation MOU which establishes a group of cooperators that proposes to work together towards combining their resources and authorities to develop conservation initiatives for species that may become listed as threatened or endangered in the near future By developing these strategies perhaps the need to list some of these species can be obviated, thus saving much needed resources for the recovery of already listed species. STATUS 11. Several important MOAs have been completed including the following: A MOA was completed to effect restoration and conservation actions that may preclude the need to list the robust redhorse. Cooperators include Federal agencies (FWS and NBS), State Agencies (GA, SC, and NC), power companies, and conservation groups (GA Wildlife Federation). This partnership will study propagation research to augment the population of this species and the potential for reintroduction efforts to be successful for the species. A MOU has been completed among the FWS, Forest Service, and the Arkansas Fish and Game Commission to explore common-sense ways to reduce the vulnerability of this species in the long term. If successful this effort will preclude the need to list this species as a threatened or endangered species. A MOU was signed among the FWS, Forest Service, Arkansas Fish and Game, and Oklahoma Fish and Game Departments to improve the status of the Caddo Mountain salamander to a point where listing it as threatened or endangered species would be precluded A MOU was signed between the FWS, NBS, and International Paper Company to Section 4(d) Rules for Threatened Species One of the most flexible, but little used provisions of the ESA is section 4(d). However, this provision has shown its worth in providing the necessary flexibility to effectively deal with protection of threatened species and regional economic development activities. An example of this flexibility is the northern spotted owl rule which releases approximately 80 percent of the privately held forest lands while protecting the out The Service encourages the development of section 4(d) special rules whenever appropriate On August 4, 1995 the Service published (FR 60 39921-39925) a proposal to enact counterpart section 7 regulations with the purpose of streamlining the section 7 process for activities under the purview of the Forest Service and the Bureau of Land Management. This process, if approved, will greatly enhance the early consultation opportunities between these agencies and the Service, and provides for early consideration of listed species concerns before critical decisions are made By adopting a policy of ecosystem management for the implementation of ESA activities (FR 59 34273-34274) the Service definitely has focused on the most efficient and effective approach to achieve the recovery of most listed species. This approach also encourages the inclusion of multiple species in each recovery effort, thus allowing for a comprehensive view of the recovery goals of multiple species STATUS 14. Since the inception of this and related policies described herein, the efficiency in the use of resources from outside the Service has increased significantly. For example at least 30 status reviews have been conducted with the cooperation of one or more partners, 38 prelisting agreements have been entered into or are in development, 7 multi-species recovery plans have been or are been developed, 26 multi-species HCPs are final or in the process of being finalized, and 28 HCPs have included one or more partners besides the applicant Other Interagency Agreements A variety of Memoranda of Understanding have been entered into by the Service and a multitude of agencies Most notably are the following The Interagency MOU on implementation of the ESA. This MOU states a commitment by the signatory agencies to utilize their authorities to further the purposes of the Act, take an ecosystem approach to the conservation of listed species, and among other things establish a national ESA interagency working group to provide a national forum for discussions regarding improvements to the implementation of the ESA provisions Federal Native Plant Conservation MOU. This MOU's purpose is to establish a committee that will establish national priorities for the conservation of the Nation's flora. This will definitely enhance the coordination among land Federal landholders in regards to the conservation of native plant species including listed species. ANNUAL REPORT OF THE WHITE HOUSE TWO YEARS OF PROGRESS Protecting America's Wetlands: A Fair. Flexible and Eftecave Approach Exempt Prior Converted Cropland All USDA Designated Prior Converted Cropland Exempt From Clean Water Act Final Rule Published 8/24/93 Increase Certainty and Flexibility for Identifying Wetlands USDA Identifies Wetlands on All Farm Lands Agency Agreement - Effective 1/4/94 Increase Reliance on State and Private Wetlands Identifications - Proposed 3/14/95 Develop Appeals Procedure for Wetlands Identifications on Private Property Proposal Published 7/19/95 Provide Relief for Homeowners Nationwide Home-Related Construcuon in Wetlands Approved by Nationwide Permut - Issued 7/19/95 Streamline Processing for Private Landowners Streamlined Permit Review for Home. Farm, and Small Business Construction in Wetlands Issued 3-6/95 Increase Incentives for Farmers Wetland Reserve Program Expanded to 50 States Simplify Mitigation Through "Banking" Encourage Expanded Use of "Miugation Banking Issued 8/24/93 Number of Banks has Doubled to 200 since 3/93 Clarity Regulated Activities Final Excavaton Rule - Published 3/25/93 Empower State and Local Governments EPA Grants Program Increased to $15 million 14 States Adopted Programmatic General Permits (PGPs) to Reduce Federal/State Overlap Improve Efficiency of Permitting 40.000 Activities Approved by General Permit in Average of 16 Days 4.000 Individual Permits Issued in Average of 127 days -- More than 90o Approved Only 358 Permits Denied (0.4%) Number of Permuts Pending Longer than Two Years Reduced by 70% to just 41 Improve Environmental Protection Current Estimate of Wedlands Loss :s 80-90.000 Acres Year vs 290.000 Acres/Year in the Mid-1970s 26-529 05 TWO YEARS OF PROGRESS MEETING QUR COMMITMENT FOR WETLANDS REFORM Protecting America's Wetlands: A Fair. Flexible and Effective Approach •August 1993 - August 1995 • Shortly after coming into office. the Clinton Administration convened an interagency group to address legitimate concerns with Federal wetlands policy. After hearing from States, developers. farmers, environmental interests. members of Congress, and scientists. the group completed a 40-point plan identifying actions to enhance wetlands protection while making wetlands regulation more fair and flexible. The Administration Wetlands Plan was issued in August 1993 In the two years since it was developed. many proposals from the plan have been implemented streamlining the wetlands permitung program. responding to the concerns of farmers and small landowners. improving cooperation with private landowners to protect and restore wetlands. and increasing the role of State... local, and Tribal governments in wetlands protection. While our work is not completed, our efforts to date demonstrate that the Clinton Administration is meeting its commitment for meaningful wetlands reform. ACTIONS TAKEN TO INCREASE FLEXIBILITY AND ENSURE FAIRNESS Exempt Prior Converted Cropland To make the Federal wetlands program more consistent and predictable for farmers. the Clinton Administration clarified that "prior converted croplands are not subject to regulation under Section 404 of the Clean Water Act. Nearly 53 million acres of farm land are covered by this action which exempted lands that no longer perform the wetlands functions as they did in their natural condition. Prior converted croplands are wetlands which were converted to agriculture prior to the passage of the Food Security Act of 1985. which established the Swampbuster program. Establish Appeals for Landowners The Clinton Administration also proposed an appeals process allowing landowners to appeal wetlands identifications and permit denials. without costly and time-consuming court battles Once regulations are in place. landowners can have their wetlands determinations or permit denials reviewed by officials at higher levels in the agencies thereby avoiding the expense and delay of formal litigation. Increase Certainty and Flexibility for Identifying Wetlands For those farmers with wetlands on their property, the Clinton Administration has simplified wetlands identifications and increased certainty for permit applicants. Farmers can now rely on a single wetlands determination by USDA on farm lands for both Food Security Act and Clean Water Act programs. This action reduces duplication and increases consistency across the two programs. In addition, in 1995. the Clinton Administration took action to provide additional certainty and flexibility to applicants. The Administration has proposed to increase its reliance on State and private wetlands identifications through a certification process. For most States. this enables landowners to rely on a single wetlands determination for both Federal and State programs J General approval for Homeowners Nationwide In 1993, in approval process was set up that allows landowners to affect up to one-half acre of non tidal wetlands for construction of single-family homes without applying for an individual Section 404 permit. This action eliminates unnecessary burden for families trying to build or add on to an existing home in wetlands on their property. The general permit also covers common features such as garages, driveways, storage sheds. yards. and septic tanks. This new general permit joins hundreds of others under which tens of thousands of activities in wetlands with minor impacts are rapidly processed each year, without an individual application and often without any required notification. Streamline Processing for Private Landowners The Clinton Administration has simplified the process for landowners proposing activities in wetlands on their property. Landowners who wish to expand or construct homes. build farm structures. or expand small businesses when those activities will affect less than two acres of wetlands, will no longer have to consider alternative locations to avoid wetland impacts on-site. For these activities. landowners need only consider opportunities that allow the project to proceed while reducing environmental impacts. The Clinton Administration also recognizes that all wetlands do not have the same value and. therefore, should not be regulated uniformly. The agencies have been directed to ensure that the level of review of projects proposed in wetlands is consistent with anticipated environmental impacts Small projects with minor impacts will now require far less review than larger projects with more substantial impacts and those affecting high value wetlands. The result is reduced cost. less delay, and greater certainty for private landowners seeking permits. |