EP 1130-2-540
15 Nov 96
(5) Noise Pollution Control. The making of continuance of excessive noises at any time
or any place and by any means is prohibited when it interferes with an authorized use or project
purpose.
(6) Pest Control. The MSC Commander is responsible for implementation of the pest
control program, providing for training of pest control personnel, safe use of highly toxic
materials and the proper application of restricted-use pesticides. District programs will include
control agents, up-to-date and economical methods of control, and the proper use and
maintenance of pest control equipment. Field operating activities will designate a single point of
contract for pesticide matters. ER 1130-2-540, Chapter 3, Pest Control Programs for Civil
Works Projects, assigns responsibilities and prescribes procedures concerning the use of chemicals
in the Corps pest control program at all civil works projects. It also presents guidance for the
preparation and submission of an annual pest control summary report.
2-5. Conservation of Federally-listed Endangered and Threatened Species on Existing Corps
Project Lands.
a. This section provides guidance for the conservation of federally-listed endangered and
threatened species as well as proposed to be listed endangered and threatened species, occurring
on all project lands and waters including outgranted lands. An additional specific purpose is to
provide guidance for participation in the US Fish and Wildlife Service/National Marine Fisheries
Service (FWS/NMFS) endangered and threatened species recovery plan efforts.
b. The Endangered Species Act states that all Federal departments and agencies shall seek
to conserve endangered species and threatened species and shall utilize their authorities in
furtherance of the purposes of the Act. The purposes of the Endangered Species Act are to
provide a means whereby the ecosystems upon which endangered species and threatened species
depend may be conserved and to provide a program for the conservation of such federally-listed
species.
c. Civil works project lands and waters will be managed in a manner which assists in the
overall conservation of federally-listed endangered and threatened species, and the ecosystems
upon which they depend. Species which are candidates for listing will also be given consideration.
Conservation methods and procedures will be utilized which will enable the inventory and
protection of these species of special concern and their habitat, as well as the participation in their
recovery.
(1) Inventory. An inventory of all federally-listed endangered and threatened species and
proposed species which are candidates for listing, known to occur on project lands and waters
will be accomplished. These inventories will be kept current with the listing of species by the
FWS/NMFS and the individual states.
(2) Protection. The protection of federally-listed endangered or threatened species that
occupy lands and waters under the control of the Corps is mandated by the Endangered Species
Act. It is the policy of the Corps to insure that any action it authorizes, funds, or carries out is
not likely to jeopardize the continued existence of any federally-listed endangered and threatened
species, "take" species, or result in the destruction or adverse modification of the habitat of such
species which is determined by the FWS/NMFS to be critical. Species that are proposed for
Federal listing as endangered or threatened species are not protected under the ESA. However,
because proposed species may be listed in the future, the Corps will consider proposed species in
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