NMFS
•Has
federal jurisdiction for marine species as well as species that spend a
portion of their life
history in freshwater (e.g. salmon and steelhead)
•NMFS is
actively working to increase the amount of wood in stream channels where ESA listed fish migrate, hold, spawn or
rear, it is one of the limiting factors for healthy populations.
•If a
person wants to remove wood from a stream channel on private property, they are subject to Section 9 of the ESA which
states "except as provided in sections 6(g)(2) (State agreements or plans) or
section 10 (research permits)...it is unlawful for any person....to
take any such species...“. The word "take" means
"harass, harm, kill,
disturb, disrupt normal behaviors.." If a Federal agency, a
federal permit, or any federal funding is involved in the proposed wood removal that
would fall under section 7 consultation.
•In 2002
NMFS consulted on the proposal to remove Condit Dam and approved the action. At the present time the river downstream of
the dam is designated critical habitat.
•According
to the law, actions are not allowed to "destroy or adversely modify"
critical habitat to
the point that it reduces the conservation value of that habitat for the survival and recovery of the species.