Onondaga Lake Remedial Design Elements Remedial Design ...

TABLE 1.1 (Continued)ONONDAGA LAKEREMEDIAL DESIGN ELEMENTS FORHABITAT RESTORATIONARARS AND TBCS THAT PERTAIN TO HABITAT AND SPECIES CONSIDERATIONSMedium/Authority Citation Requirement SynopsisNational HistoricPreservation Act 16USC § 470 et seq.36 CFR Part 800 Remedial Action must take into account effects on properties in or eligible for inclusion in the Nationalregistry of Historic Places.Endangered Species Act 16 USC 35 The stated purpose of the Endangered Species Act is not only to protect species, but also "the ecosystemsupon which they depend." It encompasses plants and invertebrates as well as vertebrates. It does notexpressly include fungi, which were widely considered to be plants in 1973.The ESA forbids Federal Agencies from authorizing, funding or carrying out actions which may "jeopardizethe continued existence of" endangered or threatened species (Section 7(a) (2)). It forbids any governmentagency, corporation, or citizen from taking (i.e. harming, harassing, or killing) endangered animals withouta permit. Once a species is listed as threatened or endangered, the ESA also requires that "critical habitat"be designated for that species, including areas necessary to recover the species (Section 3(5) (A)).Federal agencies are forbidden from authorizing, funding, or carrying out any action which "destroys oradversely modifies" critical habitat (Section 7(a) (2)).New York State ECLArticle 11, Title 56 NYCRR Part 182 The taking of any endangered or threatened species is prohibited, except under a permit or license issueby NYSDEC. The destroying or degrading the habitat of a protected animal likely constitutes a “taking” ofthe animal under NY ECL §11-0535.P:\Honeywell -SYR\445112 - Habitat and CPP III\09 Reports\9.2 Revised Habitat Plan\Tables\Table 1.1 12-09.docPage 2 of 2