17.24.312    FISH AND WILDLIFE PLAN

(1) Each application must contain a fish and wildlife plan, consistent with ARM 17.24.751 that provides:

(a) a description of how the plan will minimize disturbances and adverse impacts on fish, wildlife, and related environmental values during mining and reclamation operations, how enhancement of these resources will be achieved, where practicable, and how the plan will comply with the Endangered Species Act of 1973, as amended. The plan must apply, at a minimum, to species and habitats identified in ARM 17.24.304(1)(j)(i) and (iii), and must cover the permit area and portions of adjacent areas as determined by the department pursuant to ARM 17.24.304(1)(j)(v) ;

(b) a description of the wildlife habitat enhancement features that will be integrated with other land uses, pursuant to 82-4-232(9), MCA, and ARM 17.24.313;

(c) if the applicant states that it will not be practicable, in accordance with (1) , to achieve a condition that clearly shows a trend toward enhancement of fish and wildlife resources at the time revegetation has been successfully completed, a statement documenting, to the satisfaction of the department, why it is not practicable to achieve such a condition; and

(d) a statement explaining how the applicant will utilize impact control measures, management techniques, and annual monitoring methods to protect or enhance the following, if they are to be affected by the proposed activities:

(i) threatened or endangered species of plants or animals listed by the U.S. secretary of interior under the Endangered Species Act of 1973, as amended (16 USC 1531, et seq.) and their critical habitats;

(ii) species such as eagles, migratory birds, other animals protected by state or federal law, and their habitats, and any other species identified through the consultation process pursuant to ARM 17.24.304(1) (j) ; and

(iii) habitats of unusually high value for fish and wildlife, such as wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, reproduction and nursery areas, and wintering areas.

(2) Upon request, the department shall provide the fish and wildlife resource information required in ARM 17.24.304(1)(j), 17.24.312, and 17.24.751, as well as any other rule dealing with fish and wildlife, to the U.S. fish and wildlife service regional or field office for review. This information must be provided within 10 days of receipt of the request.

 

History: 82-4-205, MCA; IMP , 82-4-222, 82-4-232, MCA; NEW , 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 3042; AMD, 2004 MAR p. 2548, Eff. 10/22/04; AMD, 2024 MAR p. 255, Eff. 2/10/24.