Threatened & Endangered Species Protection in Michigan · Michigan Endangered Species Law Part...

Threatened & Endangered Species Protection in

Michigan

Lori SargentWildlife Division

Department of Natural Resources

Michigan Endangered Species Law Part 365 of PA 451 of 1994

Prohibits harm to species listed as threatened or endangered on public or private land

Includes species of every animal group and plants Permits may be issued to alleviate damage to

property or to protect human health or scientific purposes

Comparison of Michigan Endangered Species law with Federal law

Michigan Applies to public AND private

land “Harm” not defined, may not

apply to indirect impacts Plants and animals protected

equally Any species native to MI that is

federally listed is automatically state listed

Federal Applies only to federally-owned

land or where there is federal jurisdiction for plants

Animals protected anywhere “Harm” used more broadly,

applies to indirect impacts

Element Occurrences

Observations are supplied by qualified observers

Surveys done by MNFI

Historical records

Endangered

A species “which is in danger of extinction throughout all or significant portion

of its range.”

Threatened

A species “which is likely to become an endangered species within the foreseeable

future throughout all or a significant portion of its range.”

Special Concern

Declining or relict populations that, if continue to decline, may be listed as threatened or endangered

- NOT legally protected -

May be revised at any time

Endangered Species Permits

A Michigan endangered species permit is required when:

there is unavoidable, acceptable take of a protected species

transplanting is necessary (plants) collecting specimens for any reason

Dune Ecosystems Planting of non-native

plantings or sod Dune stabilization Trampling Shading/removing shade Increased traffic on

beach, including pets

Representative species: Pitcher’s thistle, Houghton’s goldenrod, Dwarf lake iris, Piping plover

Seawalls Natural vegetation

disturbance

Lake / river bottom disturbance

Cumulative impacts Channelizing rivers, water

fluctuations

Representative species: wild rice, common loons, Michigan monkey-flower

Marinas / Multiple Docks

Direct impacts to natural vegetation / mussels and lake / river bottom

Increased activity on water body

Representative species: mussels, piping plover, common loon, bald eagle, wild rice

New Construction

Direct destruction of species and/or habitat

Alteration of habitat quality

Increased activity in area leading to abandonment of habitat

Communication towers and guy wires present collision hazards in the paths of birds during spring and fall migration periods.

Projects Effecting Raptors / Loons

Increased activity on and around water body Disturbance of loon nests / nurseries Harassment of loons Fragmentation of habitat / removal of large nest

trees Timing can minimize or eliminate impacts

Environmental Review

Process used by the MDNR Wildlife Division, Natural Heritage Program to ensure protection of endangered and threatened species and other unique natural features.

30 Year-Old Program Eliminated

This important program was funded with general funds

Funding for this program was not included in the state budget for the fiscal year that began October 1, 2011

The Process

DEQ screens permit applications with CIWPIS DEQ field staff make best determination of

potential impacts DNR Wildlife field staff available for consultation DNR Wildlife Lansing staff available for

consultation on specific impacts to specific species

US Fish & Wildlife Service still doing reviews on federally listed species

Environmental Review Process

Project managers need to seek consultant to evaluate impacts to T&E species

Michigan Natural Features Inventory (MNFI) holds data and can supply information for a fee No regulatory authority – cannot restrict projects, only

provide reccomendations

Lori Sargent administers endangered species permits