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* * * * * * Final ESA Section 7 Consultation Handbook, March 1998 * * * * * * <br />• Best available scientific and commercial data - to assure the quality of the biological, <br />ecological, and other information used in the implementation of the Act, it is the policy of the <br />Services to: (1) evaluate all scientific and other information used to ensure that it is reliable, <br />credible, and represents the best scientific and commercial data available; (2) gather and <br />impartially evaluate biological, ecological, and other information disputing official positions, <br />decisions, and actions proposed or taken by the Services; (3) document their evaluation of <br />comprehensive; technical information regarding the status and habitat requirements for a <br />species throughout its range, whether it supports or does not support a position being <br />proposed as an official agency position; (4) use primary and original sources of information <br />as the basis for recommendations; (5) retain these sources referenced in the official document <br />as part of the administrative record supporting an action; (6) collect, evaluate, and complete <br />all reviews of biological, ecological, and other relevant information within the schedules <br />established by the Act, appropriate regulations, and applicable policies; and (7) require <br />management-level review of documents developed and drafted by Service biologists to verify <br />and assure the quality of the science used to establish official positions, decisions, and actions <br />taken by the Services during their implementation of the Act. [59 FR 34271 (July 1, 1994)] <br />Biological assessment - information prepared by, or under the direction of, a Federal agency <br />to determine whether a proposed action is likely to: (1) adversely affect listed species or <br />designated critical habitat; (2) jeopardize the continued existence of species that are proposed <br />for listing; or (3) adversely modify proposed critical habitat. Biological assessments must be <br />• prepared for "major construction activities." See 50 CFR §402.02. The outcome of this <br />biological assessment determines whether formal consultation or a conference is necessary. <br />[50 CFR §402.02, 50 CFR §402.12] <br />Biological opinion - document which includes: (1) the opinion of the Fish and Wildlife <br />Service or the National Marine Fisheries Service as to whether or not a Federal action is <br />likely to jeopardize the continued existence of listed species, or result in the destruction or <br />adverse modification of designated critical habitat; (2) a summary of the information on <br />which the opinion is based; and (3) a detailed discussion of the effects of the action on listed <br />species or designated critical habitat. [50 CFR §402.02, 50 CFR §402.14(h)] <br />Candidate species - plant and animal taxa considered for possible addition to the List of <br />Endangered and Threatened Species. These are taxa for which the Fish and Wildlife Service <br />has on file sufficient information on biological vulnerability and threat(s) to support issuance <br />of a proposal to list, but issuance of a proposed rule is currently precluded by higher priority <br />listing actions. [61 FR 7596-7613 (February 28, 1996)] <br />Conference - a process of early interagency cooperation involving informal or formal <br />discussions between a Federal agency and the Services pursuant to section 7(a)(4) of the Act <br />regarding the likely impact of an action on proposed species or proposed critical habitat. <br />Conferences are: (1) required for proposed Federal actions likely to jeopardize proposed <br />• xi