And now:Ish <[EMAIL PROTECTED]> writes: Date: Mon, 29 Mar 1999 12:20:09 -0700 To: "Wild Rockies Alerts" <[EMAIL PROTECTED]> From: Wild Rockies InfoNet <[EMAIL PROTECTED]> Subject: COMMENTS NEEDED: EPA WATER QUAL. PROGRAM TO PROTECT EDG. SPECIES ACTION ALERT *************************************************************** COMMENTS NEEDED TO ENSURE THAT EPA WATER QUALITY PROGRAMS PROTECT ENDANGERED SPECIES **************************************************************** The EPA is finalizing an agreement with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the Service Agencies) to determine how threatened and endangered species will be protected under the Clean Water Act and Endangered Species Act (ESA). The comment period on this "Memorandum of Agreement" (MOA) has been extended to April 15. The MOA will provide better coordination between EPA Clean Water Act programs and ESA consultations by the Service Agencies. **Please write or email the EPA today and urge them to adopt the MOA and strengthen Clean Water Act programs to adequately protect threatened and endangered species. Background: Water quality protection is critically important for the protection of threatened and endangered species because they are particularly sensitive to polluted water. For example, declining steelhead trout, the coho and the chinook salmon species, which require clear, cold water, are adversely affected by sediment buildup in rivers and streams. However, in the past, the EPA has often failed to adequately consider the impacts to threatened and endangered species when approving state or tribal water quality standards and permitting decisions. The EPA is responsible for reviewing state and tribal water quality standards and delegated permitting programs to ensure that they meet minimum federal requirements. Under the ESA, EPA must consult with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to ensure that state or tribe water quality standards and permitting programs do not jeopardize threatened or endangered species. The EPA must also consult with the Services before it issues or approves a federal Clean Water Act permit. The MOA: The EPA is considering the adoption of a Memorandum of Agreement with the Service Agencies that would govern how the EPA takes into account threatened and endangered species. Although the MOA is a step in the right direction, it MUST BE IMPROVED to truly address the impact of water pollution on our endangered wildlife. The MOA provides that EPA will propose amendments to its national water quality standards regulations within 24 months to require that water quality does not jeopardize threatened or endangered species or adversely modify critical habitat. The proposed regs also prohibit mixing zones or variances likely to cause jeopardy, and require that state or tribes adopt site specific water quality criteria necessary to avoid jeopardy. However, the draft MOA would also allow some incidental killing of threatened and endangered species without requiring specific conservation measures to ensure the survival and recovery of the species, contrary to requirements of the Endangered Species Act. It also fails to require the EPA to consult with the Service Agencies as required under the ESA on how to change a state-issued permit to make it less dangerous to threatened and endangered wildlife. The MOA also fails to require the Service Agencies to consider a full range of cumulative impacts on threatened and endangered species when consulting about a permit or water quality program. ACTION: Please write or email your comments to the EPA. Please send your comments by April 15 to: Endangered Species Act Clerk (e-mail: <mailto:[EMAIL PROTECTED]>[EMAIL PROTECTED]) Water Docket (MC4101) U.S. EPA 401 M Street, S.W. Washington, D.C. 20460 Attention: Docket Number W-98-32 Contact person at EPA: Barbara McLeod 202-260-5681 Tell them that you support the MOA's increased coordination between EPA and the Service Agencies on Clean Water Act permits, the development of water quality standards and water quality criteria, and proposed regulations to ensure that water quality standards, mixing zones, variances and site-specific criteria do not adversely affect endangered species. Please also tell them to strengthen the MOA to: *prevent the incidental killings of threatened and endangered species except when site-specific conservation measures protect the species have been developed; *prohibit the issuance of Clean Water Act permits that may affect listed species without consulting with federal wildlife service agencies under the ESA on how to change the permit to avoid or minimize harm; and *consider the full range of cumulative impacts on threatened and endangered species when consulting about a permit or water quality program. For Clean Water Act questions contact: Tim Eichenberg, Center for Marine Conservation 202-857-5556 <mailto:[EMAIL PROTECTED]>[EMAIL PROTECTED] Thank you for your help. ********************************************************************* Working together for all that is wild Judi Brawer Legal Resource Specialist American Wildlands <mailto:[EMAIL PROTECTED]>[EMAIL PROTECTED] <http://www.wildlands.org>www.wildlands.org 406-586-8175 ************************************************************************ List-Subscribe: <mailto:[EMAIL PROTECTED]> List-Unsubscribe: <mailto:[EMAIL PROTECTED]> News Submissions or Problems: <mailto:[EMAIL PROTECTED]> This list is a public service provided by WIN: http://www.wildrockies.org &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ &&&&&&&&&&&&&&&&&&&&&&&&&&
