NOAA Mandates and Responsibilities Related to Wetlands
Section 404 of the Clean Water Act (CWA): Section 404 of the Clean Water Act establishes a program to regulate the discharge of dredged and fill material into waters of the United States, including wetlands. This is the primary vehicle for Federal regulation of some of the activities that occur in wetlands. EPA and the Corps jointly administer the program, with the Corps issuing the permits. NOAA, FWS, and State resource agencies have important advisory roles. The Act provides NOAA authority to comment on § 404 permit applications for the purpose of avoiding, minimizing, and mitigating the destruction and degradation of aquatic resources, including wetlands.
The Magnuson-Stevens Fishery Conservation and Management Act (MSA): The 1996 amendments to the MSA established a new mandate for the National Marine Fisheries Service (NMFS), regional fishery management councils (FMC), and other Federal agencies to identify and protect important marine and anadromous fish habitat (Essential Fish Habitat or EFH), including wetlands. The EFH provisions of the MSA support one of the Nation’s overall marine resource management goals - maintaining sustainable fisheries. Federal action agencies which fund, permit, or carry out activities that may adversely impact EFH are required to consult with NMFS regarding the potential effects of their actions on EFH. When NMFS finds that an action may adversely affect EFH, NMFS is required to provide the action agency with conservation recommendations to protect EFH.
Fish and Wildlife Conservation Act (FWCA): The FWCA states that fish and wildlife resources shall receive equal consideration with other features during the planning of water resources development projects. The FWCA requires all Federal agencies to consult with the FWS, NOAA, and appropriate state fish and wildlife agencies whenever the agency plans to conduct, license, or permit an activity involving the impoundment, diversion, deepening, control, or modification of a stream or body of water. The Federal and state resource agencies provide recommendations and comments to the Federal action agency on how to prevent loss of or damage to fish and wildlife resources. Although these recommendations are not binding, the Federal action agency must give them full consideration. Action agencies must specifically consult with NOAA if their action has potential to adversely affect marine and anadromous fish resources and their habitats, including wetlands.
National Environmental Policy Act (NEPA): The purposes of this Act are: “To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality” (CEQ). The CEQ regulations implementing NEPA require each lead Federal agency to invite the participation of other affected entities, including Federal, state, and local agencies, throughout the NEPA process. These entities will provide comments based on their jurisdictions and special expertise. As contemplated by CEQ’s regulations, NOAA maintains jurisdiction and special expertise over marine resources, and will provide comments on actions by other Federal agencies to ensure that NOAA trust resources are protected.
Rivers and Harbors Appropriation Act of 1899 (RHA): This Act provides that “due regard” be given to wildlife conservation in planning Federal water projects. Regulated by the Corps, this Act prohibits the unauthorized obstruction or alteration (construction of any bridge, dam, dike or causeway) of navigable waters of the U.S. Permits under this Act are often coordinated with permits under Section 404 of the Clean Water Act, also administered by the Corps.
Endangered Species Act (ESA): The ESA provides for the designation and protection of invertebrates, wildlife, fish, and plant species that are in danger of becoming extinct and conserves the ecosystems on which such species depend. The National Marine Fisheries Service (NMFS) deals with actions affecting marine species. Section 7 of the ESA requires Federal agencies to consult with NMFS to insure that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any endangered species or threatened species or adversely modify or destroy designated critical habitat.
NOAA Fisheries Service’s Activities Related to Wetland Policy and Guidance NOAA Fisheries Service and other Federal agencies often develop policies and guidance to assist Federal staff and the public in implementing Federal regulations with respect to wetlands and other aquatic habitats. NOAA Fisheries Service has developed a number of policy and guidance documents, (most as join efforts with other Federal agencies), that concern implementation of Clean Water Act section 404 program. The National Wetlands Mitigation Action Plan (MAP): The NOAA Fisheries Service’s Office of Habitat Conservation represents NOAA on the National Wetlands Mitigation Action Plan (MAP) project. The MAP is a Federal inter-agency project aimed at improving compensatory wetland mitigation regulated under Section 404 of the Clean Water Act. The MAP has identified 17 tasks that will be completed through 2005, which include improving mitigation data collection and availability, clarifying performance standards, improving accountability, and integrating mitigation into the watershed approach. The MAP will enable the agencies and the public to make better decisions regarding where and how to restore, enhance, and protect wetlands, including those in coastal areas; improve their ability to measure and evaluate the success of mitigation efforts; and expand the public's access to information on these wetland mitigation activities.Additional Information on the Mitigation Action Plan
