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HABITAT CONSERVATION PLAN Edwards Aquifer Recovery Implementation Program 1.5.2.2 Rules of the Edwards Aquifer Authority As authorized by the EAA Act, the EAA has promulgated rules that, among other things, require permits for withdrawing water from the [A]quifer, set standards for the construction and maintenance of wells, [and] restrict certain activities on the recharge zone to protect the 4 [A]quifer from pollution, and others 1.5.3 Federal Endangered Species Act 1.5.3.1 Section 9 attempt or action to harass, harm, pursue, hunt, shoot, wound, kill, trap, captur such species. (16 U.S.C. § 1532). T is defined to include any act which actually kills or injures wildlife. Such act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.50 C.F.R. § 17.3). Tarass is defined as intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering. (50 C.F.R. § 17.3). The ESA does not prohibit "take" of listed plants (e.g., Texas wild-rice) on private lands, but landowners must comply with s[W]ith respect to endangered species of plants, it is unlawful to: import or export; remove the species from areas under federal jurisdiction or maliciously damage or destroy it in those areas; remove, cut, dig up, damage or destroy the species in any other area in violation of state law or in the course of criminal trespass; deliver, receive, carry, transport, ship, sell or offer for sale in interstate or foreign commerce; violate any regulation pertaining to a threatened or endangered plant species. (16 U.S.C. § 1538(a)(2)(A) through (E)). The requirement for compliance with state laws would apply to the State Scientific Areas established for Texas wild-rice as discussed in Section 5.6. Furthermore, the USFWS will analyze impacts in its Biological Opinion on the issuance of the ITP to ensure the Covered Activities do not jeopardize the continued existence of Texas wild-rice. 1.5.3.2 Section 10 Section 10(a)(1)(B) authorizes the issuance of permits for non-federal activities for take that may occur incidentally to otherwise lawful measures with the provision of an HCP. The term ng out (16 U.S.C. § 1539(a)(1)(B); 50 C.F.R. § 402.02). 4 http://www.edwardsaquifer.org/display_policies_rules.php . 1-12