Protecting the piping plover under section 7 of the endangered species act

Section 7(a)(2) of the Endangered Species Act directs federal agencies to ensure that their actions do not jeopardize the continued existence of endangered and threatened species. The US Fish and Wildlife Service (USFWS) issues jeopardy or nonjeopardy biological opinions on proposed federal actions that affect endangered and threatened species. We summarize several biological opinions issued by the USFWS to protect the threatened piping plover (Charadrius melodus). These opinions address federal actions involving hundreds of piping plovers on the Missouri River system and a few piping plover pairs on short stretches of Atlantic coast beach. Some of these opinions are decisive, but most allow the proposed action to proceed conditional upon a lengthy set of reasonable and prudent alternatives to protect the piping plover. These conditions may prove difficult to track and will add to the workload of the USFWS.