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* * * * * * Final ESA Section 7 Consultation Handbook, March 1998 * * * * * * <br />------------------------------------------------------------------------------------------------------------------------------------- <br />Glossary of Terms used in Section 7 Consultations • <br />Act - the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq. <br />Action - all activities or programs of any kind authorized, funded, or carried out, in whole or <br />in part, by Federal agencies in the United States or upon the high seas. Examples include, but <br />are not limited to: (a) actions intended to conserve listed species or their habitat; (b) the <br />promulgation of regulations;(c) the granting of licenses, contracts, leases, easements, rights- <br />of-way, permits, or grants-in-aid; or (d) actions directly or indirectly causing modifications to <br />the land, water, or air. [50 CFR §402.02] <br />Action area - all areas to be affected directly or indirectly by the Federal action and not <br />merely the immediate area involved in the action. [50 CFR §402.021 <br />Affect/effect - to affect (a verb) is to bring about a change ("The proposed action is likely to <br />adversely affect piping plovers nesting on the shoreline"). The effect (usually a noun) is the <br />result ("The proposed highway is likely to have the following effects on the Florida scrub <br />jay"). "Affect" appears throughout section 7 regulations and documents in the phrases "may <br />affect" and "likely to adversely affect." "Effect" appears throughout section 7 regulations <br />and documents in the phrases "adverse effects," "beneficial effects," "effects of the action," <br />and "no effect." [Proper grammatical usage] <br />Anticipated/allowable/authorized - in incidental take statements, the Services determine the is <br />amount or extent of incidental take "anticipated" (expected) due to the proposed action or an <br />action modified by reasonable and prudent alternatives. When writing incidental take <br />statements, use only the phrase "anticipated" rather than "allowable" or "authorized," as the <br />Services do not allow or authorize (formally permit) incidental take under section 7. <br />[Clarification of usage] <br />Applicant - any person (an individual, corporation, partnership, trust, association, or any <br />other private entity; or any officer, employee, agent, department, or instrumentality of the <br />Federal Government, of any State, municipality, or political subdivision of a State, or of any <br />foreign government; any State, municipality, or political subdivision of a State; or any other <br />entity subject to the jurisdiction of the United States) [ESA §3(12)] who requires formal <br />approval or authorization from a Federal agency as a prerequisite to conducting the action. <br />[50 CFR §402.02] <br />Appreciably diminish the value - to considerably reduce the capability of designated or <br />proposed critical habitat to satisfy requirements essential to both the survival and recovery of <br />a listed species. [Clarification of usage] <br />x 0