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* * * * * * Final ESA Section 7 Consultation Handbook, March 1998 * * * * * * <br />• elements) (a) essential to the conservation of the species and (b) which may require special <br />management considerations or protection; and (2) specific areas outside the geographical area <br />occupied by the species at the time it is listed in accordance with the provisions of section 4 <br />of the Act, upon a determination by the Secretary that such areas are essential for the <br />conservation of the species. [ESA §3 (5)(A)] Designated critical habitats are described in 50 <br />CFR § 17 and 226. <br />Cumulative effects - are those effects of future State or private activities, not involving <br />Federal activities, that are reasonably certain to occur within the action area of the Federal <br />action subject to consultation. [50 CFR §402.021 This definition applies only to section 7 <br />analyses and should not be confused with the broader use of this term in the National <br />Environmental Policy Act or other environmental laws. <br />Designated non-Federal representative - the person, agency, or organization designated by <br />the Federal agency as its representative to conduct informal consultation or prepare a <br />biological assessment. The non-Federal representative must be designated by giving written <br />notice to the Director. If a permit or license applicant is involved and is not the designated <br />non-Federal representative, then the applicant and the Federal agency must agree on the <br />choice of the designated non-Federal representative. [50 CFR §402.02, 50 CFR §402.08] <br />Destruction or adverse modification of critical habitat - a direct or indirect alteration that <br />• appreciably diminishes the value of critical habitat for both the survival and recovery of a <br />listed species. Such alterations include, but are not limited to, alterations adversely <br />modifying any of those physical or biological features that were the basis for determining the <br />habitat to be critical. [50 CFR §402.02] <br />Director - the Assistant Administrator for Fisheries for the National Oceanic and <br />Atmospheric Administration; or the Fish and Wildlife Service Regional Director; or their <br />respective authorized representative. [50 CFR §402.02] <br />Distinct Population Segment - "population," or "distinct population segment," are terms <br />with specific meaning when used for listing, delisting, and reclassification purposes to <br />describe a discrete vertebrate stock that may be added or deleted from the list of endangered <br />and threatened species. The use of the term "distinct population segment" will be consistent <br />with the Services' population policy. [61 FR 4722-4725 (February 7, 1996)] <br />Early consultation - a preliminary consultation requested by a Federal agency on behalf of a <br />prospective permit or license applicant prior to the filing of an application for a Federal <br />permit or license. [50 CFR §402.111 <br />Effects of the action - the direct and indirect effects of an action on the species or critical <br />habitat, together with the effects of other activities that are interrelated or interdependent with <br />• xiii