Important Notice: Our web hosting provider recently started charging us for additional visits, which was unexpected. In response, we're seeking donations. Depending on the situation, we may explore different monetization options for our Community and Expert Contributors. It's crucial to provide more returns for their expertise and offer more Expert Validated Answers or AI Validated Answers. Learn more about our hosting issue here.

If an activity is covered by the limits described in the 4(d) Rule, does the Corps still need to consult with the Services?

April 26, 2017activity consult Corps Covered limits rule Services

0

Posted

If an activity is covered by the limits described in the 4(d) Rule, does the Corps still need to consult with the Services?

1 Answer

0

Posted

A. Yes. The 4(d) Rule does not substitute for the Section 7 consultation required of the Corps. The 4(d) Rules set forth certain categories of activities that minimize harm to threatened salmon and steelhead or contribute to their conservation. “Take” is legal for categories of activities approved via the 4(d) Rule. Any “take” outside of the approved activities in the 4(d) Rules, unless authorized separately under Section 7 or Section 10 of the ESA, is illegal under the ESA. Even though the 4(d) Rule limits do not substitute for Corps consultation, we expect that the approval via the 4(d) Rule will help expedite our Section 7 consultations for those activities.