(a) Resource Information. Each application shall include fish-and-wildlife resource information for the permit area and adjacent area.
  (1) The scope and level of detail for such information shall be determined by the Commission in consultation with state and federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under §12.144 of this title (relating to Fish and Wildlife Plan).
  (2) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:
    (A) listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the Secretary under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats protected by similar state statutes;
    (B) habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or
    (C) other species or habitats identified through agency consultation as requiring special protection under state or federal law.
(b) Fish and Wildlife Service review. Upon request, the Commission shall provide the resource information required under subsection (a) of this section and the protection and enhancement plan required under §12.144 of this title (relating to Fish and Wildlife Plan) to the U.S. Department of the Interior, Fish and Wildlife Service Regional or Field Office for their review. This information shall be provided within 10 days of receipt of the request from the Service.

Source Note: The provisions of this §12.133 adopted to be effective April 7, 1997, 22 TexReg 3093.