Appendix D › VIII–XIV Coastal Barriers; Migratory Birds; Eagles; Fish Habitat; Marine Mammals; Marine Sanctuaries; Coastal Zone

Which wildlife and coastal laws might affect our project?

FEMA term

Wildlife and coastal laws

Short answer

Projects on the coast or near wildlife can trigger the Coastal Barrier Resources Act, the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, fish habitat protections, the Marine Mammal Protection Act, the National Marine Sanctuaries Act and the Coastal Zone Management Act. FEMA consults the relevant wildlife, fisheries or state coastal agency before funding the work.

What FEMA requires

Coastal Barrier Resources Act: restricts federal assistance that encourages development in the John H. Chafee Coastal Barrier Resources System; FEMA must consult USFWS before funding work there.
Migratory Bird Treaty Act: makes it unlawful to take listed migratory birds, live or dead, or their parts, eggs or nests without a USFWS waiver; FEMA consults USFWS on likely projects.
Bald and Golden Eagle Protection Act: prohibits disturbing or taking eagles, their parts, nests or eggs without a USFWS permit, including altering previously used nest sites if returning eagles would be harmed.
Magnuson-Stevens Act: FEMA must consult NOAA Fisheries when a project could adversely affect essential fish habitat.
Marine Mammal Protection Act: prohibits take or harassment of marine mammals; FEMA consults USFWS or NOAA Fisheries.
National Marine Sanctuaries Act: prohibits destroying or injuring sanctuary resources; prohibited activities within a sanctuary need a permit.
Coastal Zone Management Act: projects in or near a coastal zone management area must be consistent with the state’s approved program; FEMA consults the state agency first.

<table class="pt-table"><thead><tr><th>Law</th><th>Protects</th><th>FEMA consults</th></tr></thead><tbody><tr><td>Coastal Barrier Resources Act</td><td>Undeveloped coastal barriers in the CBRS (Atlantic, Gulf, Great Lakes, Caribbean)</td><td>U.S. Fish and Wildlife Service before funding work in the CBRS</td></tr><tr><td>Migratory Bird Treaty Act</td><td>Listed migratory birds, live or dead, and their parts, eggs and nests</td><td>U.S. Fish and Wildlife Service</td></tr><tr><td>Bald and Golden Eagle Protection Act</td><td>Eagles, their parts, nests (including unused nest sites) and eggs</td><td>U.S. Fish and Wildlife Service</td></tr><tr><td>Magnuson-Stevens Act</td><td>Essential fish habitat</td><td>NOAA Fisheries</td></tr><tr><td>Marine Mammal Protection Act</td><td>Marine mammals from take or harassment</td><td>U.S. Fish and Wildlife Service or NOAA Fisheries</td></tr><tr><td>National Marine Sanctuaries Act</td><td>Sanctuary resources; prohibited activities need a permit</td><td>NOAA</td></tr><tr><td>Coastal Zone Management Act</td><td>Consistency with the state’s approved coastal management program</td><td>The state agency running the program</td></tr></tbody></table>

Documentation

Locations relative to Coastal Barrier Resources System units, marine sanctuaries and state coastal zones; any known nests (including eagle nests) or wildlife at the site; and any agency permits or authorizations.

Watch out · Govstar practitioner advice

Nests are the surprise that stops tree and debris work. Migratory bird and eagle protections cover nests and even unused eagle nest sites, so survey before clearing trees or removing structures during nesting season.

Govstar summarizes FEMA’s Public Assistance Program and Policy Guide in plain language and links to the official text. Govstar is independent and not affiliated with FEMA. This is general guidance, not legal advice.