Fisheries and Wildlife
Several laws (including the Endangered Species Act (ESA), Fish and Wildlife Coordination Act, Magnuson-Stevens Fishery Conservation and Management Act, Migratory Bird Treaty Act and Marine Mammal Protection Act) require that all proposed actions with a federal nexus undergo assessment to determine the impacts projects have on fisheries and wildlife.
The Environmental Office conducts project database and field assessments to inventory the resources in the vicinity of the proposed project. The data is used to coordinate the project impacts with the resource agencies in order to solicit comments and approvals.
Anadromous Fish Conservation Act
Anadromous Fish Conservation Act (16 U.S.C. 757a-757f)
The Anadromous Fish Conservation Act was adopted to conserve, develop, and enhance the anadromous fish resources of the U.S. that are subject to depletion from water resources development and other causes. The Secretary of the Interior is authorized to enter into cooperative agreements with one or more states that are concerned with the development, conservation, and enhancement of such anadromous fish.
Maine is covered under the Atlantic States Marine Fisheries Commission Management Agreements. It requires coordination with the Maine Department of Marine Resources (DMR) for compliance with management plan recommendations under the Anadromous Fish Conservation Act.
Bald and Golden Eagle Guidance
Bald and Golden Eagle Protection Act (16 USC 668a-d)
Bald and Golden Eagle Guidance (PDF)
The Bald and Golden Eagle Protection Act provides for the protection of the bald eagle and the golden eagle by prohibiting the take, possession, sale, purchase, barter, offer to sell, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or eggs without a permit issued by the Secretary of the Interior.
Endangered Species Guidance
Section 7 of the Endangered Species Act (16 U.S.C. 1531-1544)
Section 7 of the Endangered Species Act requires each federal agency to ensure that any action authorized, funded, or carried out by the agency is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat.
Essential Fish Habitat Guidance
- Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801-1891d), with Essential Fish Habitat requirements at 1855(b)(2)
- 50 CFR Part 600
Essential Fish Habitat Guidance (PDF)
The Magnuson Stevens Fishery Conservation and Management Act requires federal agencies which fund, permit, or carry out activities that may adversely impact Essential Fish Habitats (EFH) to consult with the National Marine Fisheries Service (NMFS) regarding potential adverse effects of actions on EFH.
Fish and Wildlife Coordination Act
Fish and Wildlife Coordination Act (16 U.S.C. 661-667d)
The Fish and Wildlife Coordination Act provides the basic authority for the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) involvement in evaluating impacts to fish and wildlife from proposed water resource development projects. It requires that fish and wildlife resources receive equal consideration to other project features. It also requires federal agencies that construct, license or permit water resource development projects to first consult with the Service and the state fish and wildlife agency regarding the impacts on fish and wildlife resources, but does not require agencies to accept conservation recommendations.
MaineDOT coordinates with U.S. Fish and Wildlife Service and National Marine Fisheries Service through the Army Corps of Engineers permit process and NEPA for compliance with Fish and Wildlife Coordination Act.
Marine Mammal Guidance
Marine Mammal Treaty Act (16 U.S.C. 703-712)
Marine Mammal Protection Act (16 U.S.C. 1361-1423h)
The Marine Mammal Protection Act prohibits, with certain exceptions, the take of marine mammals in U.S. waters. If a take may occur, an Incidental Take Authorization or Letter of Authorization is required through NOAA.
Migratory Bird Guidance
Migratory Bird Treaty Act (16 U.S.C. 703-712)
The Migratory Bird Treaty Act (MBTA) implements various treaties and conventions between the U.S., Canada, Japan, Mexico, and the former Soviet Union for the protection of migratory birds. Under the MBTA, taking, killing, or possessing migratory birds (other than game birds during valid hunting seasons) is unlawful. Protections extend to migratory bird nests determined to contain eggs or young.
