Fish and Wildlife Coordination Act
Encyclopedia
The Fish and Wildlife Coordination Act (FWCA) of the United States
was enacted March 10, 1934 to protect fish and wildlife when federal actions result in the control or modification of a natural stream or body of water. The Act provides the basic authority for the involvement of the United States Fish and Wildlife Service
(Service) in evaluating impacts to fish and wildlife from proposed water resource development projects.
The Act's purposes are to recognize the vital contribution of U.S. wildlife resources, and their increasing public interest and significance. FWCA requires that wildlife conservation be given equal consideration to other features of water-resource development programs through planning, development, maintenance and coordination of wildlife conservation and rehabilitation. Wildlife and wildlife resources are defined by the Act to include: birds, fish, mammals and all other classes of wild animals and all types of aquatic and land vegetation upon which wildlife is dependent.
The Secretary of the Interior
(Secretary) is authorized to provide assistance to, and cooperate with, federal, state, and public or private agencies and organizations in:
• developing, protecting, rearing and stocking all species of wildlife, resources thereof, and their habitat;
• controlling losses from disease or other causes;
• minimizing damages from overabundant species;
• providing public shooting and fishing areas, including easements across public lands; and
• carrying out other necessary measures.
Additionally, the Secretary is authorized to make surveys and investigations of the wildlife of the public domain, including lands and waters or interest acquired or controlled by an agency of the U.S., and to accept donations of land and contributions of funds in furtherance of the purposes of this Act.
The Act also authorizes the preparation of plans intended to protect wildlife resources, including wildlife surveys on public lands, along with the acceptance by the Federal agencies of funds or lands for related purposes provided that land donations receive prior consent from the State in which they are located. In addition, it directs the Bureau of Fisheries to use water resources for fish-culture stations and migratory-bird resting and nesting areas, and requires consultation with the Bureau of Fisheries preceding new dam construction, to provide for fish migration.
Whenever the waters or channel of a body of water are modified by a department or agency of the U.S., adequate provision must be made for the conservation, maintenance and management of its wildlife resources and habitat. The use of the waters, land or interests for wildlife conservation must be in accordance with plans approved jointly by: the head of the department or agency exercising primary administration; the Secretary; the head of the state agency exercising administration of the wildlife resources.
The Secretary, through the Fish and Wildlife Service and the U. S. Bureau of Mines, is authorized to make investigations to determine the effects of domestic sewage, mine, petroleum, and industrial wastes, erosion silt, and other polluting substances on wildlife, and to make reports and recommendations to Congress.
As a collaborative effort, Federal agencies and the Service must develop measures to protect, develop, and improve wildlife. Any reports or decision-making documents subsequently prepared by any Federal agency must include the recommendations of the Service and the affected state(s) for protecting fish and wildlife. Where possible, the agency must incorporate these recommendations in the project plans. The constructing, licensing, or permitting federal agency is to include in the project plans such justifiable means and measures as it finds should be adopted to obtain maximum overall project benefits.
In order to comply with the requirements laid out in the Act, Federal agencies must first determine whether a proposed activity will result in the control or modification of a body of water. Typical actions that would fall under the jurisdiction of the Act include:
• discharges of pollutants, including industrial, mining, and municipal wastes or dredged and fill material into a body of water or wetlands; and
• projects involving construction of dams, levees, impoundments, stream relocation, and water-diversion structures.
The 1958 amendments added provisions to require equal consideration and coordination of wildlife conservation with other water resources development programs, and authorized the Secretary of Interior to provide public fishing areas and accept donations of lands and funds. These amendments also modified the Watershed Protection and Flood Prevention Act.
which had, in part, overshadowed FWCA.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
was enacted March 10, 1934 to protect fish and wildlife when federal actions result in the control or modification of a natural stream or body of water. The Act provides the basic authority for the involvement of the United States Fish and Wildlife Service
United States Fish and Wildlife Service
The United States Fish and Wildlife Service is a federal government agency within the United States Department of the Interior dedicated to the management of fish, wildlife, and natural habitats...
(Service) in evaluating impacts to fish and wildlife from proposed water resource development projects.
Description of Intent
FWCA Authorizes the Secretaries of Agriculture and Commerce to provide assistance to Federal and State agencies in order to protect and increase the supply of wildlife and wildlife recourses, as well as to study the effects of domestic sewage, trade wastes, and other pollution on wildlife.The Act's purposes are to recognize the vital contribution of U.S. wildlife resources, and their increasing public interest and significance. FWCA requires that wildlife conservation be given equal consideration to other features of water-resource development programs through planning, development, maintenance and coordination of wildlife conservation and rehabilitation. Wildlife and wildlife resources are defined by the Act to include: birds, fish, mammals and all other classes of wild animals and all types of aquatic and land vegetation upon which wildlife is dependent.
The Secretary of the Interior
United States Secretary of the Interior
The United States Secretary of the Interior is the head of the United States Department of the Interior.The US Department of the Interior should not be confused with the concept of Ministries of the Interior as used in other countries...
(Secretary) is authorized to provide assistance to, and cooperate with, federal, state, and public or private agencies and organizations in:
• developing, protecting, rearing and stocking all species of wildlife, resources thereof, and their habitat;
• controlling losses from disease or other causes;
• minimizing damages from overabundant species;
• providing public shooting and fishing areas, including easements across public lands; and
• carrying out other necessary measures.
Additionally, the Secretary is authorized to make surveys and investigations of the wildlife of the public domain, including lands and waters or interest acquired or controlled by an agency of the U.S., and to accept donations of land and contributions of funds in furtherance of the purposes of this Act.
The Act also authorizes the preparation of plans intended to protect wildlife resources, including wildlife surveys on public lands, along with the acceptance by the Federal agencies of funds or lands for related purposes provided that land donations receive prior consent from the State in which they are located. In addition, it directs the Bureau of Fisheries to use water resources for fish-culture stations and migratory-bird resting and nesting areas, and requires consultation with the Bureau of Fisheries preceding new dam construction, to provide for fish migration.
Summary of Requirements
Aside from wildlife resources receiving equal consideration to other features of water resource development projects, FWCA requires Federal agencies involved with such projects to first consult with the Service and State Fish and Wildlife agencies regarding the impacts on fish and wildlife resources. Federal agencies must take action to prevent loss or damage to wildlife resources, and provide for the measures taken to mitigate such impacts.Whenever the waters or channel of a body of water are modified by a department or agency of the U.S., adequate provision must be made for the conservation, maintenance and management of its wildlife resources and habitat. The use of the waters, land or interests for wildlife conservation must be in accordance with plans approved jointly by: the head of the department or agency exercising primary administration; the Secretary; the head of the state agency exercising administration of the wildlife resources.
The Secretary, through the Fish and Wildlife Service and the U. S. Bureau of Mines, is authorized to make investigations to determine the effects of domestic sewage, mine, petroleum, and industrial wastes, erosion silt, and other polluting substances on wildlife, and to make reports and recommendations to Congress.
As a collaborative effort, Federal agencies and the Service must develop measures to protect, develop, and improve wildlife. Any reports or decision-making documents subsequently prepared by any Federal agency must include the recommendations of the Service and the affected state(s) for protecting fish and wildlife. Where possible, the agency must incorporate these recommendations in the project plans. The constructing, licensing, or permitting federal agency is to include in the project plans such justifiable means and measures as it finds should be adopted to obtain maximum overall project benefits.
In order to comply with the requirements laid out in the Act, Federal agencies must first determine whether a proposed activity will result in the control or modification of a body of water. Typical actions that would fall under the jurisdiction of the Act include:
• discharges of pollutants, including industrial, mining, and municipal wastes or dredged and fill material into a body of water or wetlands; and
• projects involving construction of dams, levees, impoundments, stream relocation, and water-diversion structures.
Penalties
Violation of a rule or regulation promulgated in accordance with FWCA is a misdemeanor punishable by a fine, imprisonment for up to one year, or both. (The Sentencing Reform Act of 1984, as amended in 1987, increases allowable fines from the $500 stated in this Act to $100,000 for individuals and $200,000 for organizations. See the summary of the Sentencing Reform Act.)Amendments
FWCA was amended in 1946 to require consultation with the Service and the fish and wildlife agencies of States where any body of water is controlled or modified by any Federal agency, in order to prevent loss and damage of wildlife resources. The amendments specifically exempted the Tennessee Valley Authority from its provisions.The 1958 amendments added provisions to require equal consideration and coordination of wildlife conservation with other water resources development programs, and authorized the Secretary of Interior to provide public fishing areas and accept donations of lands and funds. These amendments also modified the Watershed Protection and Flood Prevention Act.
Impacts
The FWCA is one of the oldest federal environmental review statutes; it has had a substantial impact on the planning and development of certain types of federal projects, particularly U.S. Army Corps of Engineers dam projects and other major federal construction activities directly affecting navigable waters. The effect of the Act on other types of federal activities has varied significantly. As of the late 1970s, this was due to a number of factors including: 1) lack of resources in the Fish and Wildlife Service, 2) legal questions on the applicability of the Act to certain types of federal activities, 3) recalcitrance on the part of certain federal agencies to comply with the law, and 4) the passage of the National Environmental Policy ActNational Environmental Policy Act
The National Environmental Policy Act is a United States environmental law that established a U.S. national policy promoting the enhancement of the environment and also established the President's Council on Environmental Quality ....
which had, in part, overshadowed FWCA.
External links
- Fish and Wildlife Coordination Act from the New Mexico Center for Wildlife Law at the University of New MexicoUniversity of New MexicoThe University of New Mexico at Albuquerque is a public research university located in Albuquerque, New Mexico, in the United States. It is the state's flagship research institution...