authorized, funded, or carried out by them do not jeopardize 

 the continued existence of such endangered species and 

 threatened species or result in the destruction or 

 modification of habitat of such species which is determined 

 by the Secretary, after consultation as appropriate with 

 the affected States, to be critical. 



Over 200 endangered species have been listed. The complex task of implement- 

 ing the statutory mandate is still underway. Recent court decisions inter- 

 preting Section 7 have also proved controversial and may result in changes 

 in its language. At this time, implementation relies mainly on the NEPA 

 and Coordination Act review process to identify impacts on endangered 

 species habitats associated with on and offshore OCS development [162]. 



3.4 FEDERAL PERMITS FOR OCS-RELATED INSHORE AND ONSHORE DEVELOPMENT 

 ACTIVITIES 



Pipelines and deepwater ports are both directly regulated by the Depart- 

 ment of Transportation. The Federal Power Commission also certifies gas 

 pipelines. Industry standards for refineries under the Federal Water and 

 Air Pollution Control Acts exemplify another form of direct Federal 

 influence on OCS-related activity. These permits are required early in the 

 development process. Other regulations such as the Occupational Safety 

 and Health Administration (OSHA) rules may also apply, but are primarily 

 directed at the operation of these facilities. We will not discuss these 

 "operating" regulations since they are beyond the purview of FWS authority. 

 Table 8 compares all OCS-related development activities discussed in this 

 series and Federal permit or license requirements. 



3.4.1 Permits or Licenses for Oil and Gas Pipelines 



Oil and gas pipelines are subject to regulation by the Department of 

 Transportation, Materials Transportation Bureau (MTB) which sets safety 

 and design standards [163]. Interstate gas pipelines go through an approval 

 review with the Federal Power Commission before review by the Office of 

 Pipeline Safety in the Department of Transportation (Figure 8 and 

 Table 12) [166]. 



"Gathering lines," or the pipelines used to bring oil or gas from a 

 well to a collection point within an offshore field are regulated by USGS as 

 part of its responsibility for offshore production [167]. All other pipelines 

 in navigable waters require a permit from BLM for a right-of-way [168]. 



Ordinarily the FWS does not participate in reviewing DOT enforcement 

 proceedings unless brought in because of a specific Service responsibility, 

 for instance the Endangered Species Program [169]. The FWS responsibilities 

 are outlined under S.O. 2974. The FWS comments on rights-of-way through 

 navigable waters under the dredge and fill permit program, which is 

 administered separately from these special pipeline safety provisions 

 (see Section 3.3.1 ) . 



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