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* * * * * * Final ESA Section 7 Consultation Handbook, March 1998 * * * * * * <br />are contemporaneous positive effects without any adverse effects to the species. • <br />Insignificant effects relate to the size of the impact and should never reach the scale where <br />take occurs. Discountable effects are those extremely unlikely to occur. Based on best <br />judgment, a person would not: (1) be able to meaningfully measure, detect, or evaluate <br />insignificant effects; or (2) expect discountable effects to occur. [Clarification of usage] <br />Jeopardize the continued existence of - to engage in an action that reasonably would be <br />expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and <br />recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution <br />of that species. [50 CFR §402.02] <br />Letter - refers to all written correspondence, such as letters, memoranda, or electronic mail <br />messages, relating to a formal or informal consultation. {Clarification of usage] <br />Listed species - any species of fish, wildlife or plant which has been determined to be <br />endangered or threatened under section 4 of the Act. [50 CFR §402.02] <br />Major construction activity - a construction project (or other undertaking having similar <br />physical effects) which is a major Federal action significantly affecting the quality of the <br />human environment as referred to in the National Environmental Policy Act (NEPA, 42 <br />U.S.C. 4332(2)(C)). [50 CFR §402.02] <br />• <br />May affect -the appropriate conclusion when a proposed action may pose an effects on <br />listed species or designated critical habitat. When the Federal agency proposing the action <br />determines that a "may affect" situation exists, then they must either initiate formal <br />consultation or seek written concurrence from the Services that the action "is not likely to <br />adversely affect" [see definition above] listed species. [Clarification of usage] <br />Minor change rule - when preparing incidental take statements, the Services must specify <br />reasonable and prudent measures and their implementing terms and conditions to minimize <br />the impacts of incidental take that do not alter the basic design, location, scope, duration, or <br />timing of the action, and that involve only minor changes. [50 CFR §402.14(1)(2)] <br />NMFS - the National Marine Fisheries Service. <br />No effect - the appropriate conclusion when the action agency determines its proposed action <br />will not affect a listed species or designated critical habitat. [Clarification of usage] <br />Occupied critical habitat - critical habitat that contains individuals of the species at the time <br />of the project analysis. A species does not have to occupy critical habitat throughout the year <br />for the habitat to be considered occupied (e.g. migratory birds). Subsequent events affecting <br />the species may result in this habitat becoming unoccupied. [Clarification of usage] <br />xvi