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• 31. [Image] The Endangered Species Act (ESA) in the 109th Congress conflicting values and difficult choices

  	IB10144 04-22-05 The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices SUMMARY The 109th Congress is likely to consider various proposals to amend the ...
  	Citation × Citation Citation Abstract Copy Title: The Endangered Species Act (ESA) in the 109th Congress conflicting values and difficult choices Author: Buck, Eugene H Year: 2006, 2008, 2005 IB10144 04-22-05 The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices SUMMARY The 109th Congress is likely to consider various proposals to amend the Endangered Species Act of 1973 (ESA; P.L. 93-205; 16 U.S.C. ??1531-1543 ). Major issues in recent years have included changing the role of science in decision-making, modifying critical habitat procedures, reducing conflicts with Department of Defense activities, incorporating further protection and incentives for property owners, and increasing protection of listed species, among others. In addition, many have advocated enacting as law some ESA regulations promulgated during the Clinton Administration. The ESA has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and non-federal lands and resources. Under the ESA, species of plants and animals (both vertebrate and invertebrate) can be listed as endangered or threatened according to assessments of their risk of extinction. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. The ESA may also be controversial because dwindling species are usually harbingers of broader ecosystem decline: the most common cause of listing species is habitat loss. The authorization for spending under the ESA expired on October 1, 1992. The prohibitions and requirements of the ESA remain in force, even in the absence of an authorization, and funds have been appropriated to implement the administrative provisions of the ESA in each subsequent fiscal year. In the 108th Congress, two bills were reported by the House Committee on Resources, but not enacted, that would have amended the ESA to modify scientific peer review and critical habitat procedures. Interior appropriations measures funded Fish and Wildlife Service programs related to endangered species (P.L. 108-108 provided $265 million for FY2004; P.L. 108-447 provided $262 million for FY2005). P.L. 108-136 (Defense authorization) included an ESA amendment to direct that critical habitat not be designated on military lands under certain conditions when Integrated Natural Resources Management Plans are in effect. P.L. 108-137 (Energy and Water appropriations) prohibited use of FY2004 or earlier funds to reduce water deliveries under existing contracts for ESA compliance for the silvery minnow on the Middle Rio Grande River unless water is obtained from a willing seller or lessor; this prohibition appears to have been made permanent by ?205 of Div. C of P.L. 108-447. P.L. 108-148 (Healthy Forests Act) authorized hazardous fuels reduction projects on BLM and national forest lands, including those containing habitat for listed species; directed establishment of a healthy forests reserve program to promote recovery of listed species; and directed the Secretary of the Interior to provide property rights assurances to landowners enrolled in the healthy forests reserve program. Congressional Research Service ? The Library of Congress CRS Title: The Endangered Species Act (ESA) in the 109th Congress conflicting values and difficult choices Author: Buck, Eugene H Year: 2006, 2008, 2005 IB10144 04-22-05 The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices SUMMARY The 109th Congress is likely to consider various proposals to amend the Endangered Species Act of 1973 (ESA; P.L. 93-205; 16 U.S.C. ??1531-1543 ). Major issues in recent years have included changing the role of science in decision-making, modifying critical habitat procedures, reducing conflicts with Department of Defense activities, incorporating further protection and incentives for property owners, and increasing protection of listed species, among others. In addition, many have advocated enacting as law some ESA regulations promulgated during the Clinton Administration. The ESA has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and non-federal lands and resources. Under the ESA, species of plants and animals (both vertebrate and invertebrate) can be listed as endangered or threatened according to assessments of their risk of extinction. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. The ESA may also be controversial because dwindling species are usually harbingers of broader ecosystem decline: the most common cause of listing species is habitat loss. The authorization for spending under the ESA expired on October 1, 1992. The prohibitions and requirements of the ESA remain in force, even in the absence of an authorization, and funds have been appropriated to implement the administrative provisions of the ESA in each subsequent fiscal year. In the 108th Congress, two bills were reported by the House Committee on Resources, but not enacted, that would have amended the ESA to modify scientific peer review and critical habitat procedures. Interior appropriations measures funded Fish and Wildlife Service programs related to endangered species (P.L. 108-108 provided $265 million for FY2004; P.L. 108-447 provided $262 million for FY2005). P.L. 108-136 (Defense authorization) included an ESA amendment to direct that critical habitat not be designated on military lands under certain conditions when Integrated Natural Resources Management Plans are in effect. P.L. 108-137 (Energy and Water appropriations) prohibited use of FY2004 or earlier funds to reduce water deliveries under existing contracts for ESA compliance for the silvery minnow on the Middle Rio Grande River unless water is obtained from a willing seller or lessor; this prohibition appears to have been made permanent by ?205 of Div. C of P.L. 108-447. P.L. 108-148 (Healthy Forests Act) authorized hazardous fuels reduction projects on BLM and national forest lands, including those containing habitat for listed species; directed establishment of a healthy forests reserve program to promote recovery of listed species; and directed the Secretary of the Interior to provide property rights assurances to landowners enrolled in the healthy forests reserve program. Congressional Research Service ? The Library of Congress CRS Close

• 32. [Image] Endangered species: difficult choices

  	IB10072 08-26-04 Endangered Species: Difficult Choices SUMMARY The 108th Congress is considering various proposals to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years ...
  	Citation × Citation Citation Abstract Copy Title: Endangered species: difficult choices Author: Buck, Eugene H; Corn, M. Lynne (Mary Lynne), 1946-; Baldwin, Pamela Year: 2004, 2008, 2005 IB10072 08-26-04 Endangered Species: Difficult Choices SUMMARY The 108th Congress is considering various proposals to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years have included changing the role of science in decision-making, changing the role of critical habitat, reducing conflicts with Department of Defense activities, incorporating further protection for property owners, and increasing protection of listed species, among others. In addition, many have advocated including significant changes to ESA regulations made during the Clinton Administration in the law itself. The ESA has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and non-federal lands and resources. Under the ESA, certain species of plants and animals (both vertebrate and invertebrate) are listed as "endangered" or "threatened" according to assessments of their risk of extinction. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. The ESA may also be controversial because dwindling species are usually harbingers of resource scarcity: the most common cause of listing species is habitat loss. Recent efforts in the House would modify ESA provisions that designate critical habitat, and that provide for scientific peer review. The authorization for spending under the ESA expired on October 1, 1992. The prohibitions and requirements of the ESA remain in force, even in the absence of an authorization, and funds have been appropriated to imple- ment the administrative provisions of the ESA in each subsequent fiscal year. In the 108th Congress, two bills (H.R. 1662 and H.R. 2933) have been reported that would, respectively, address issues concerning scientific peer review and critical habitat. These bills may be brought to the House floor in September. Earlier, P.L. 108-108 (Interior appropriations) provided $265 million for FY2004 for programs related to endangered species. P.L. 108-136 (Defense authorization) included an ESA amendment to direct that critical habitat not be designated on military lands under certain conditions when Integrated Natural Resources Management Plans are in effect. P.L. 108-137 (Energy and Water appropriations) prohibited use of FY2004 or earlier funds to reduce water deliveries under existing contracts for ESA compliance for the silvery minnow on the Middle Rio Grande River unless water is obtained from a willing seller or lessor. The act also established an executive committee to oversee the Collaborative Program associated with this situation. P.L. 108-148 (Healthy Forests Act) authorized hazardous fuels reduction projects on BLM and national forest lands including those containing listed species habitat; directed establishment of a healthy forests reserve program to promote recovery of listed species; and directed the Secretary of the Interior to provide assurances to landowners whose enrollment in the healthy forests reserve program results in new conservation benefits for ESA-listed species. Title: Endangered species: difficult choices Author: Buck, Eugene H; Corn, M. Lynne (Mary Lynne), 1946-; Baldwin, Pamela Year: 2004, 2008, 2005 IB10072 08-26-04 Endangered Species: Difficult Choices SUMMARY The 108th Congress is considering various proposals to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years have included changing the role of science in decision-making, changing the role of critical habitat, reducing conflicts with Department of Defense activities, incorporating further protection for property owners, and increasing protection of listed species, among others. In addition, many have advocated including significant changes to ESA regulations made during the Clinton Administration in the law itself. The ESA has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and non-federal lands and resources. Under the ESA, certain species of plants and animals (both vertebrate and invertebrate) are listed as "endangered" or "threatened" according to assessments of their risk of extinction. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. The ESA may also be controversial because dwindling species are usually harbingers of resource scarcity: the most common cause of listing species is habitat loss. Recent efforts in the House would modify ESA provisions that designate critical habitat, and that provide for scientific peer review. The authorization for spending under the ESA expired on October 1, 1992. The prohibitions and requirements of the ESA remain in force, even in the absence of an authorization, and funds have been appropriated to imple- ment the administrative provisions of the ESA in each subsequent fiscal year. In the 108th Congress, two bills (H.R. 1662 and H.R. 2933) have been reported that would, respectively, address issues concerning scientific peer review and critical habitat. These bills may be brought to the House floor in September. Earlier, P.L. 108-108 (Interior appropriations) provided $265 million for FY2004 for programs related to endangered species. P.L. 108-136 (Defense authorization) included an ESA amendment to direct that critical habitat not be designated on military lands under certain conditions when Integrated Natural Resources Management Plans are in effect. P.L. 108-137 (Energy and Water appropriations) prohibited use of FY2004 or earlier funds to reduce water deliveries under existing contracts for ESA compliance for the silvery minnow on the Middle Rio Grande River unless water is obtained from a willing seller or lessor. The act also established an executive committee to oversee the Collaborative Program associated with this situation. P.L. 108-148 (Healthy Forests Act) authorized hazardous fuels reduction projects on BLM and national forest lands including those containing listed species habitat; directed establishment of a healthy forests reserve program to promote recovery of listed species; and directed the Secretary of the Interior to provide assurances to landowners whose enrollment in the healthy forests reserve program results in new conservation benefits for ESA-listed species. Close

• 33. [Image] EPA 314 clean lakes program: phase I diagnostic/feasibility project: Upper Klamath Lake, Oregon

  	SUMMARY PROBLEM DEFINITION Upper Klamath Lake, a 90,000 acre body of water located in south-central Oregon, is eutrophic and has reached a stage where summer algal and macrophyte productivity causes ...
  	Citation × Citation Citation Abstract Copy Title: EPA 314 clean lakes program: phase I diagnostic/feasibility project: Upper Klamath Lake, Oregon Author: Klamath Consulting Service, Inc Year: 1983, 2006, 2005 SUMMARY PROBLEM DEFINITION Upper Klamath Lake, a 90,000 acre body of water located in south-central Oregon, is eutrophic and has reached a stage where summer algal and macrophyte productivity causes severe aesthetic problems and often renders the lake unusable as a recreational site. The problem is a natural one; it has not been caused by man's carelessness and cannot be turned around by regulation. Upper Klamath Lake is quite shallow, warming rapidly in the summer, and the waters carry a naturally occurring high nutrient load. Algal growth is extensive, predominently APHANEZOMENON FLOS-AQUAE, a blue-green algae prevalent in eutrophic waters. These organisms form dense mats that become very odorous as they decay. Numerous macrophytes (aquatic weeds) are indigenous to the lake, but the major problem is with P0TAM06ET0N CRISPUS, which forms long floating fonds that tangle boat motors and prevent passage. The Pelican Bay channel has an extensive growth of this weed. Title: EPA 314 clean lakes program: phase I diagnostic/feasibility project: Upper Klamath Lake, Oregon Author: Klamath Consulting Service, Inc Year: 1983, 2006, 2005 SUMMARY PROBLEM DEFINITION Upper Klamath Lake, a 90,000 acre body of water located in south-central Oregon, is eutrophic and has reached a stage where summer algal and macrophyte productivity causes severe aesthetic problems and often renders the lake unusable as a recreational site. The problem is a natural one; it has not been caused by man's carelessness and cannot be turned around by regulation. Upper Klamath Lake is quite shallow, warming rapidly in the summer, and the waters carry a naturally occurring high nutrient load. Algal growth is extensive, predominently APHANEZOMENON FLOS-AQUAE, a blue-green algae prevalent in eutrophic waters. These organisms form dense mats that become very odorous as they decay. Numerous macrophytes (aquatic weeds) are indigenous to the lake, but the major problem is with P0TAM06ET0N CRISPUS, which forms long floating fonds that tangle boat motors and prevent passage. The Pelican Bay channel has an extensive growth of this weed. Close

• 34. [Image] Final supplemental environmental impact statement: for clarification of language in the 1994 record of decision for the Northwest Forest Plan; national forests and Bureau of Land Management districts within the range of the northern spotted owl: proposal to amend wording about the aquatic conservation strategy

  	Abstract The Secretaries of Agriculture and the Interior propose limited changes to language about how to demonstrate that projects follow the Aquatic Conservation Strategy, part of the Northwest Forest ...
  	Citation × Citation Citation Abstract Copy Title: Final supplemental environmental impact statement: for clarification of language in the 1994 record of decision for the Northwest Forest Plan; national forests and Bureau of Land Management districts within the range of the northern spotted owl: proposal to amend wording about the aquatic conservation strategy Author: United States. Department of Agriculture. Forest Service; United States. Department of the Interior. Bureau of Land Managemen Year: 2003, 2006, 2005 Abstract The Secretaries of Agriculture and the Interior propose limited changes to language about how to demonstrate that projects follow the Aquatic Conservation Strategy, part of the Northwest Forest Plan. Projects needed to achieve Northwest Forest Plan goals have been delayed or stopped due to misapplication of certain passages in the Aquatic Conservation Strategy. The agencies are responding to the underlying need for increased agency success planning and implementing projects, to the extent that the current wording has hindered the agencies ability to follow Northwest Forest Plan principles and achieve its goals. The goals of the Northwest Forest Plan cannot be achieved without project implementation. Three alternatives are considered in the Final Supplemental Environmental Impact Statement, No Action, the Proposed Action, and Alternative A. No Action would not change existing language within the Aquatic Conservation Strategy. The Proposed Action and Alternative A would make l Title: Final supplemental environmental impact statement: for clarification of language in the 1994 record of decision for the Northwest Forest Plan; national forests and Bureau of Land Management districts within the range of the northern spotted owl: proposal to amend wording about the aquatic conservation strategy Author: United States. Department of Agriculture. Forest Service; United States. Department of the Interior. Bureau of Land Managemen Year: 2003, 2006, 2005 Abstract The Secretaries of Agriculture and the Interior propose limited changes to language about how to demonstrate that projects follow the Aquatic Conservation Strategy, part of the Northwest Forest Plan. Projects needed to achieve Northwest Forest Plan goals have been delayed or stopped due to misapplication of certain passages in the Aquatic Conservation Strategy. The agencies are responding to the underlying need for increased agency success planning and implementing projects, to the extent that the current wording has hindered the agencies ability to follow Northwest Forest Plan principles and achieve its goals. The goals of the Northwest Forest Plan cannot be achieved without project implementation. Three alternatives are considered in the Final Supplemental Environmental Impact Statement, No Action, the Proposed Action, and Alternative A. No Action would not change existing language within the Aquatic Conservation Strategy. The Proposed Action and Alternative A would make l Close

• 35. [Image] Lakeview proposed resource management plan and final environmental impact statement [volume 1]

  	4 v.; maps (some col.); "August 2002"; "January 2003" -- cover
  	Citation × Citation Citation Abstract Copy Title: Lakeview proposed resource management plan and final environmental impact statement [volume 1] Author: U.S. Department of the Interior. Bureau of Land Management; Lakeview Resource Area Office. Lakeview District Year: 2002, 2006, 2005 4 v.; maps (some col.); "August 2002"; "January 2003" -- cover Title: Lakeview proposed resource management plan and final environmental impact statement [volume 1] Author: U.S. Department of the Interior. Bureau of Land Management; Lakeview Resource Area Office. Lakeview District Year: 2002, 2006, 2005 4 v.; maps (some col.); "August 2002"; "January 2003" -- cover Close

• 36. [Image] Trinity River Flow Evaluation: final report: a report to the Secretary , U.S. Department of the Interior

  	TRINITY RIVER FLOW EVALUATION - FINAL REPORT EXECUTIVE SUMMARY When Congress authorized construction of the Trinity River Division (TRD) of the Central Valley Project (CVP) in 1955, the expectation was ...
  	Citation × Citation Citation Abstract Copy Title: Trinity River Flow Evaluation: final report: a report to the Secretary , U.S. Department of the Interior Author: U.S. Fish and Wildlife Service; Arcata Fish and Wildlife Office; Hoopa Valley Tribe Year: 1999, 2006, 2005 TRINITY RIVER FLOW EVALUATION - FINAL REPORT EXECUTIVE SUMMARY When Congress authorized construction of the Trinity River Division (TRD) of the Central Valley Project (CVP) in 1955, the expectation was that surplus water could be exported to the Central Valley without harm to the fish and wildlife resources of the Trinity River. The TRD began operations in 1963, diverting up to 90 percent of the Trinity River's average annual yield at Lewiston, California. Access to 109 river miles of fish habitat and replenishment of coarse sediment from upstream river segments were permanently eliminated by Lewiston and Trinity Dams. Within a decade of completing the TRD, the adverse biological and geomorphic responses to TRD operations were obvious. Riverine habitats below Lewiston Dam degraded and salmon and steelhead populations noticeably declined. In 1981, the Secretary of the Interior (Secretary) directed that a Trinity River Flow Evaluation (TRFE) study be conducted to determine how to rest Title: Trinity River Flow Evaluation: final report: a report to the Secretary , U.S. Department of the Interior Author: U.S. Fish and Wildlife Service; Arcata Fish and Wildlife Office; Hoopa Valley Tribe Year: 1999, 2006, 2005 TRINITY RIVER FLOW EVALUATION - FINAL REPORT EXECUTIVE SUMMARY When Congress authorized construction of the Trinity River Division (TRD) of the Central Valley Project (CVP) in 1955, the expectation was that surplus water could be exported to the Central Valley without harm to the fish and wildlife resources of the Trinity River. The TRD began operations in 1963, diverting up to 90 percent of the Trinity River's average annual yield at Lewiston, California. Access to 109 river miles of fish habitat and replenishment of coarse sediment from upstream river segments were permanently eliminated by Lewiston and Trinity Dams. Within a decade of completing the TRD, the adverse biological and geomorphic responses to TRD operations were obvious. Riverine habitats below Lewiston Dam degraded and salmon and steelhead populations noticeably declined. In 1981, the Secretary of the Interior (Secretary) directed that a Trinity River Flow Evaluation (TRFE) study be conducted to determine how to rest Close

• 37. [Image] ESA basics: 30 years of protecting endangered species

  	Electronic resource; Title from title screen;
  	Citation × Citation Citation Abstract Copy Title: ESA basics: 30 years of protecting endangered species Year: 2004, 2006, 2005 Electronic resource; Title from title screen; Title: ESA basics: 30 years of protecting endangered species Year: 2004, 2006, 2005 Electronic resource; Title from title screen; Close

• 38. [Image] Making the ESA work better: implementing the 10 point plan - and beyond

  	19p.; ill.; Cover title; "June 1997"; "Reprint September 1998"; [Washington, D.C.]: Supt. of Docs., U.S. G.P.O., 1999
  	Citation × Citation Citation Abstract Copy Title: Making the ESA work better: implementing the 10 point plan - and beyond Year: 1998, 2006, 2005 19p.; ill.; Cover title; "June 1997"; "Reprint September 1998"; [Washington, D.C.]: Supt. of Docs., U.S. G.P.O., 1999 Title: Making the ESA work better: implementing the 10 point plan - and beyond Year: 1998, 2006, 2005 19p.; ill.; Cover title; "June 1997"; "Reprint September 1998"; [Washington, D.C.]: Supt. of Docs., U.S. G.P.O., 1999 Close

• 39. [Image] Work plan for adaptive management : Klamath River Basin, Oregon & California

  	"May 19, 2004"
  	Citation × Citation Citation Abstract Copy Title: Work plan for adaptive management : Klamath River Basin, Oregon & California Author: United States. Natural Resources Conservation Service Year: 2004, 2005 "May 19, 2004" Title: Work plan for adaptive management : Klamath River Basin, Oregon & California Author: United States. Natural Resources Conservation Service Year: 2004, 2005 "May 19, 2004" Close

• 40. [Image] Endangered species consultation handbook : procedures for conducting consultation and conference activities under Section 7 of the Endangered Species Act

  	EXECUTIVE SUMMARY Section 7 of the Endangered Species Act (Act) [16 U.S.C. 1531 etseq.] outlines the procedures for Federal interagency cooperation to conserve Federally listed species and designated critical ...
  	Citation × Citation Citation Abstract Copy Title: Endangered species consultation handbook : procedures for conducting consultation and conference activities under Section 7 of the Endangered Species Act Author: U.S. Fish and Wildlife Service Year: 1998, 2005 EXECUTIVE SUMMARY Section 7 of the Endangered Species Act (Act) [16 U.S.C. 1531 etseq.] outlines the procedures for Federal interagency cooperation to conserve Federally listed species and designated critical habitats. Proactive Conservation Efforts by Federal Agencies Section 7(a)(l) directs the Secretary (Secretary of the Interior/Secretary of Commerce) to review other programs administered by them and utilize such programs to further the purposes of the Act. It also directs all other Federal agencies to utilize their authorities in furtherance of the purposes of the Act by carrying out programs for the conservation of species listed pursuant to the Act. This section of the Act makes it clear that all Federal agencies should participate in the conservation and recovery of listed threatened and endangered species. Under this provision, Federal agencies often enter into partnerships and Memoranda of Understanding with the Fish and Wildlife Service (FWS) or the National Marine Fisheries Service (NMFS) for implementing and funding conservation agreements, management plans, and recovery plans developed for listed species. Biologists for the Services should encourage the development of these types of partnerships and planning efforts to develop pro-active approaches to listed species management. Avoiding Adverse Effects of Federal Actions Section 7(a)(2) states that each Federal agency shall, in consultation with the Secretary, insure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat. In fulfilling these requirements, each agency must use the best scientific and commercial data available. This section of the Act defines the consultation process, which is further developed in regulations promulgated at 50 CFR ?402. The Handbook This handbook was primarily developed to aid FWS and NMFS biologists implementing the section 7 consultation process. The purpose of the handbook is to provide information and guidance on the various consultation processes outlined in the regulations. Additionally, the handbook will ensure consistent implementation of consultation procedures by those biologists responsible for carrying out section 7 activities. Chapters of the handbook deal with major consultation processes, including Informal, Formal, Emergency, and Special Consultations; and Conferences. Standardized language is provided for incorporation into Biological Opinion documents to achieve consistency and to ensure that all consultation documents are complete from a regulatory standpoint. Background information and example documents are provided in Appendices. Although primarily targeted towards employees of the Services, other groups participating in the consultation process, including other Federal agencies; State, local, and tribal governments; and private individuals, consultants, and industry groups should find the handbook helpful in explaining section 7 processes and providing examples of various types of consultations. This handbook will be updated periodically as new regulations and policies are developed affecting implementation of the section 7 regulations, or as new consultation or assessment techniques evolve, and as additional examples or graphics become available. The Washington Offices of the Services have the lead for preparation of the handbook. Regional offices are encouraged to develop example documents appropriate for their geographical area and individual situations, and to coordinate with other Federal and State agencies in distributing these documents. Consultation Framework Use of Sound Science An overriding factor in carrying out consultations should always be the use of the best available scientific and commercial data to make findings regarding the status of a listed species, the effects of a proposed action on the species or critical habitat, and the determination of jeopardy/no jeopardy to listed species or destruction or adverse modification/no destruction or adverse modification to designated critical habitats. The Services have jointly published a policy on Information Standards Under the Endangered Species Act [59 FR 34271 (July 1, 1994)]. This policy calls for review of all scientific and other information used by the Services to prepare biological opinions, incidental take statements, and biological assessments, to ensure that any information used by the Services to implement the Act is reliable, credible, and represents the best scientific and commercial data available. Flexibility and Innovation The section 7 process achieves greatest flexibility when coordination between all involved agencies and non-Federal representatives, and the Services, begins early. Often, proposed actions can be modified so there is no need for formal consultation. The Services should ensure that all information needed to make an informed decision is made available. It is particularly critical when formal consultation begins that all parties are fully involved in providing information and discussing project options. Although it is the responsibility of the Services to make the determination of jeopardy or destruction/adverse modification in the biological opinion, action agencies and applicants should be fully informed and involved in the development of Reasonable and Prudent Alternatives, Reasonable and Prudent Measures, and Terms and Conditions to minimize the impacts of incidental take. Biologists should be creative in problem solving and look for ways to conserve listed species while still accommodating project goals. Coordination The Services have a policy to ensure coordination with State Agencies for gathering information in implementing the consultation program. [59 FR 34274-34275 (July 1, 1994)] The Services have a joint policy on coordination with tribal governments. Secretarial Order #32306 (June 5, 1997) entitled "American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act" recognizes that the consultation process should include input from affected tribal governments. State and tribal government biologists often have information available that is pertinent to the description of the action area or to the species of interest in the consultation. Shortening Timeframes Recently, the Services have been implementing measures to streamline consultation processes. Examples include projects reviewed under the Northwest Forest Plan and nationwide Timber Salvage Program. These procedures have been able to effectively shorten consultation timeframes without giving up any protection for listed species/designated critical habitats or the use and review of the best available information. This has been achieved through enhanced interagency coordination, development of guidelines for implementation of a larger program (i.e. timber salvage) which can tier to an individual project (timber sale), and by providing consultation simultaneously with project analysis under the National Environmental Policy Act (NEPA). Biologists for the Services are encouraged to review examples of these streamlined consultations and to look for ways to incorporate streamlining techniques into other consultation procedures. Title: Endangered species consultation handbook : procedures for conducting consultation and conference activities under Section 7 of the Endangered Species Act Author: U.S. Fish and Wildlife Service Year: 1998, 2005 EXECUTIVE SUMMARY Section 7 of the Endangered Species Act (Act) [16 U.S.C. 1531 etseq.] outlines the procedures for Federal interagency cooperation to conserve Federally listed species and designated critical habitats. Proactive Conservation Efforts by Federal Agencies Section 7(a)(l) directs the Secretary (Secretary of the Interior/Secretary of Commerce) to review other programs administered by them and utilize such programs to further the purposes of the Act. It also directs all other Federal agencies to utilize their authorities in furtherance of the purposes of the Act by carrying out programs for the conservation of species listed pursuant to the Act. This section of the Act makes it clear that all Federal agencies should participate in the conservation and recovery of listed threatened and endangered species. Under this provision, Federal agencies often enter into partnerships and Memoranda of Understanding with the Fish and Wildlife Service (FWS) or the National Marine Fisheries Service (NMFS) for implementing and funding conservation agreements, management plans, and recovery plans developed for listed species. Biologists for the Services should encourage the development of these types of partnerships and planning efforts to develop pro-active approaches to listed species management. Avoiding Adverse Effects of Federal Actions Section 7(a)(2) states that each Federal agency shall, in consultation with the Secretary, insure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat. In fulfilling these requirements, each agency must use the best scientific and commercial data available. This section of the Act defines the consultation process, which is further developed in regulations promulgated at 50 CFR ?402. The Handbook This handbook was primarily developed to aid FWS and NMFS biologists implementing the section 7 consultation process. The purpose of the handbook is to provide information and guidance on the various consultation processes outlined in the regulations. Additionally, the handbook will ensure consistent implementation of consultation procedures by those biologists responsible for carrying out section 7 activities. Chapters of the handbook deal with major consultation processes, including Informal, Formal, Emergency, and Special Consultations; and Conferences. Standardized language is provided for incorporation into Biological Opinion documents to achieve consistency and to ensure that all consultation documents are complete from a regulatory standpoint. Background information and example documents are provided in Appendices. Although primarily targeted towards employees of the Services, other groups participating in the consultation process, including other Federal agencies; State, local, and tribal governments; and private individuals, consultants, and industry groups should find the handbook helpful in explaining section 7 processes and providing examples of various types of consultations. This handbook will be updated periodically as new regulations and policies are developed affecting implementation of the section 7 regulations, or as new consultation or assessment techniques evolve, and as additional examples or graphics become available. The Washington Offices of the Services have the lead for preparation of the handbook. Regional offices are encouraged to develop example documents appropriate for their geographical area and individual situations, and to coordinate with other Federal and State agencies in distributing these documents. Consultation Framework Use of Sound Science An overriding factor in carrying out consultations should always be the use of the best available scientific and commercial data to make findings regarding the status of a listed species, the effects of a proposed action on the species or critical habitat, and the determination of jeopardy/no jeopardy to listed species or destruction or adverse modification/no destruction or adverse modification to designated critical habitats. The Services have jointly published a policy on Information Standards Under the Endangered Species Act [59 FR 34271 (July 1, 1994)]. This policy calls for review of all scientific and other information used by the Services to prepare biological opinions, incidental take statements, and biological assessments, to ensure that any information used by the Services to implement the Act is reliable, credible, and represents the best scientific and commercial data available. Flexibility and Innovation The section 7 process achieves greatest flexibility when coordination between all involved agencies and non-Federal representatives, and the Services, begins early. Often, proposed actions can be modified so there is no need for formal consultation. The Services should ensure that all information needed to make an informed decision is made available. It is particularly critical when formal consultation begins that all parties are fully involved in providing information and discussing project options. Although it is the responsibility of the Services to make the determination of jeopardy or destruction/adverse modification in the biological opinion, action agencies and applicants should be fully informed and involved in the development of Reasonable and Prudent Alternatives, Reasonable and Prudent Measures, and Terms and Conditions to minimize the impacts of incidental take. Biologists should be creative in problem solving and look for ways to conserve listed species while still accommodating project goals. Coordination The Services have a policy to ensure coordination with State Agencies for gathering information in implementing the consultation program. [59 FR 34274-34275 (July 1, 1994)] The Services have a joint policy on coordination with tribal governments. Secretarial Order #32306 (June 5, 1997) entitled "American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act" recognizes that the consultation process should include input from affected tribal governments. State and tribal government biologists often have information available that is pertinent to the description of the action area or to the species of interest in the consultation. Shortening Timeframes Recently, the Services have been implementing measures to streamline consultation processes. Examples include projects reviewed under the Northwest Forest Plan and nationwide Timber Salvage Program. These procedures have been able to effectively shorten consultation timeframes without giving up any protection for listed species/designated critical habitats or the use and review of the best available information. This has been achieved through enhanced interagency coordination, development of guidelines for implementation of a larger program (i.e. timber salvage) which can tier to an individual project (timber sale), and by providing consultation simultaneously with project analysis under the National Environmental Policy Act (NEPA). Biologists for the Services are encouraged to review examples of these streamlined consultations and to look for ways to incorporate streamlining techniques into other consultation procedures. Close