• Section 7(a) of the Endangered Species Act (ESA) of 1973 as amended requires Federal agencies to evaluate the impact of their actions on threatened or endangered species, and ensure such actions are “not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of (its) habitat”. Furthermore, actions resulting in the “take” of an endangered species are required to minimize the impact of that take thru the implementation of reasonable and prudent measures. Because many transportation projects are partially funded by the Federal Highway Administration (FHWA) and require the obtainment of a federal 404 permit for dredge and fill activities within waterways of the United States, compliance with Section of the ESA is required. Programmatic Biological Opinion was issued to the FHWA and SDDOT by the United State Fish and Wildlife Service in 2004. This document provides guidance for the construction activities impacting endangered species, also mandatory Terms and Conditions are given which are to be implemented at stream crossing projects impacting the Topeka shiner.
  
  
• Sec 7 Programmatic Biological Opinion - Adobe PDF File
  
  
• List of Endangered Species Found in South Dakota http://ecos.fws.gov/tess_public/StateListing.do?state=SD&status=listed
  
  
• For more information on Section 7 of the Enangered Species Act see http://www.fws.gov/endangered/consultations/index.html
  
  

Nathan Morey
Office Phone: (605) 773-5679
Cell Phone: (605) 280-5392
Email: nathan.morey@state.sd.us

Or Dave Graves
Office Phone: (605) 773-5727
Email: Dave.Graves@state.sd.us