agency, considering that the use of the habitat threatens its loss and thus the loss of the frog
species (Baur and Irvin 105).
In light of the challenge that the government agency presents in the way of habitat
protection, it is clear that both BOR and the irrigators are violating the Endangered Species Act.
In line with the provisions of the Act, the activities should be petitioned, which will address the
current violation, and protect the frog species under threat. Further, wherever it is necessary that
a critical habitat is put to alternative use, the government agency or institution should consult
with the National Marine Fisheries Service or the Fish and Wildlife Service, to get permission
for use (Baur and Irvin 162). Following the consultation, the BOR and the irrigators seeking to
use the land can get permission or denial of use, depending on the evaluation by the two
responsible agencies (Baur and Irvin 162). The highlight by that the BOR did not consult the
Fish and Wildlife Service on the use of the land indicates that the violation of the Act, and thus
there is need to take the necessary action (Advocates for the West 2). The Bureau of Reclamation
further reinforces the fact that the use of the land amounts to a violation of the Act.
Lastly, in section 9, the Act prohibits the activity of any person or agency that takes the
species listed as threatened or endangered, unless they are permitted to do so. According to the
guidelines of the Act, the word “taking” a listed species is broadly used to mean harming,
harassing, shooting, hunting, trapping, killing, capturing, or wounding, among other actions that
harm animal and plant species (Baur and Irvin 6). In light of the directives provided in section 9
of the Act, the activities of both the Bureau of Reclamation and the irrigators operating in the
Central Oregon area. The evidence of the violation of the Act is that the activities of the
irrigators are harmful to the existence and wellbeing of Oregon spotted frog species that live in
the area, as noted by Advocates for the West (2). As an example, by redirecting water from the