Fish and Wildlife Service March 21, 2008 – Federal Register Recent Federal Regulation Documents

The DuPage County Forest Preserve District (District) (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to Section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The permit application includes a draft Safe Harbor Agreement (Agreement) between the Applicant and the Service for the Hine's emerald dragonfly (Somatochlora hineana). Section 9 of the Act and its implementing regulations prohibit the take of animal species listed as endangered or threatened. The definition of take under the Act includes the following activities: to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect listed animal species, or attempt to engage in such conduct (16 U.S.C. 1538). Section 10 of the Act, 16 U.S.C. 1539, establishes a program whereby persons seeking to pursue activities that otherwise could give rise to liability for unlawful ``take'' of federally protected species may receive a permit, which protects them from such liability. The Hine's emerald dragonfly (HED) was listed as endangered by the Service in January 1995. A Recovery Plan for the species was published in September 2001. The Service has made a preliminary determination that the proposed Agreement and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this determination is contained in an Environmental Action Statement and low-effect screening form, which are also available for public review.