How will listing these species affect the Clean Water Act – Section 404 permit actions?
Generally most wetlands are regulated by the U.S. Army Corps of Engineers through section 404 of the Clean Water Act. The Service and other resource agencies provide recommendations to the Corps regarding appropriate mitigation measures to protect these wetland and aquatic habitats. Section 404 currently provides some protection for these two animals. With the brush rabbit and woodrat now added to the Federal endangered species list, the Corps will have to consult with the U.S. Fish and Wildlife Service if their activities may adversely affect either species. The Service then provides a biological opinion to the Corps, which is then reflected in the conditions of the Section 404 permit. Q: Since the riparian brush rabbit is already state-listed, what benefits are derived from Federal listing? A. The State of California listed the riparian brush rabbit as an endangered species in May 1994. This State listing does provide a measure of protection to the species; however, this law does not
