8111

• UCREFRP Catalog Number: 8111
• Author: U.S. Fish and Wildlife Service and National Marine Fisheries Service.
• Title: Endangered Species Consultation Handbook
• USFW Year: 1998.
• USFW - Doc Type: Procedures for Conducting Consultation and Conference Activities Under Section 7 of the Endangered Species Act.
• Copyright Material: NO

* * * * * * Final ESA Section 7 Consultation Handbook, March 1998 * * * * * *
• Incidental take - take of listed fish or wildlife species that results from, but is not the
purpose of, carrying out an otherwise lawful activity conducted by a Federal agency or
applicant. [50 CFR §402.02]
Indirect effects - those effects that are caused by or will result from the proposed action and
are later in time, but are still reasonably certain to occur. [50 CFR §402.02]
Informal consultation - an optional process that includes all discussions and correspondence
between the Services and a Federal agency or designated non-Federal representative, prior to
formal consultation, to determine whether a proposed Federal action may affect listed species
or critical habitat. This process allows the Federal agency to utilize the Services' expertise to
evaluate the agency's assessment of potential effects or to suggest possible modifications to
the proposed action which could avoid potentially adverse effects. If a proposed Federal
action may affect a listed species or designated critical habitat, formal consultation is required
(except when the Services concur, in writing, that a proposed action "is not likely to
adversely affect" listed species or designated critical habitat). [50 CFR §402.02, 50 CFR
§402.13]
Interdependent actions - actions having no independent utility apart from the proposed
action. [50 CFR §402.021
• Interrelated actions - actions that are part of a larger action and depend on the larger action
for their justification. [50 CFR §402.02]
Is likely to adversely affect - the appropriate finding in a biological assessment (or
conclusion during informal consultation) if any adverse effect to listed species may occur as a
direct or indirect result of the proposed action or its interrelated or interdependent actions,
and the effect is not: discountable, insignificant, or beneficial (see definition of "is not likely
to adversely affect"). In the event the overall effect of the proposed action is beneficial to the
listed species, but is also likely to cause some adverse effects, then the proposed action "is
likely to adversely affect" the listed species. If incidental take is anticipated to occur as a
result of the proposed action, an "is likely to adversely affect" determination should be made.
An "is likely to adversely affect" determination requires the initiation of formal section 7
consultation. [Clarification of usage]
Is likely to jeopardize proposed species/adversely modify proposed critical habitat - the
appropriate conclusion when the action agency or the Services identify situations where the
proposed action is likely to jeopardize the proposed species or adversely modify the proposed
critical habitat. If this conclusion is reached, conference is required. [Clarification of usage]
Is not likely to adversely affect - the appropriate conclusion when effects on listed species
are expected to be discountable, insignificant, or completely beneficial. Beneficial effects
0 xv