Fish and Wildlife Coordination Act

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Summary

• The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) requires that all Federal agencies consult with the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), and State wildlife agencies (e.g., the California Department of Fish and Game) for activities that affect, control, or modify waters of any stream or bodies of water.
  
  
  • For example, pursuant to the Act and §404 of the Clean Water Act, the Army Corps of Engineers has entered into a Memorandum of Agreement with the U.S. Environmental Protection Agency, USFWS, and NMFS that enables the agencies to collaborate during the §404 permit review process.
    
    
  • The USFWS or NMFS may recommend denial of a permit application, the incorporation of additional permit conditions to minimize adverse effects, or mitigation actions.
    
    
• Also, under the Act USFWS and NMFS have responsibility for project review. This includes addressing concerns about general plant and wildlife species which may not be considered under the National Environmental Policy Act and the Federal Endangered Species Act. For example, this additional responsibility may include consideration of a project's secondary effects on a wetland.