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* * * * * * Final ESA Section 7 Consultation Handbook, March 1998 * * * * * * <br />EXECUTIVE SUMMARY • <br />Section 7 <br />Section 7 of the Endangered Species Act (Act) [16 U.S.C. 1531 et seq.] outlines the <br />procedures for Federal interagency cooperation to conserve Federally listed species and <br />designated critical habitats. <br />Proactive Conservation Efforts by Federal Agencies <br />Section 7(a)(1) directs the Secretary (Secretary of the Interior/Secretary of Commerce) to <br />review other programs administered by them and utilize such programs to further the <br />purposes of the Act. It also directs all other Federal agencies to utilize their authorities in <br />furtherance of the purposes of the Act by carrying out programs for the conservation of <br />species listed pursuant to the Act. <br />This section of the Act makes it clear that all Federal agencies should participate in the <br />conservation and recovery of listed threatened and endangered species. Under this provision, <br />Federal agencies often enter into partnerships and Memoranda of Understanding with the <br />Fish and Wildlife Service (FWS) or the National Marine Fisheries Service (NMFS) for <br />implementing and funding conservation agreements, management plans, and recovery plans <br />developed for listed species. Biologists for the Services should encourage the development • <br />of these types of partnerships and planning efforts to develop pro-active approaches to listed <br />species management. <br />Avoiding Adverse Effects of Federal Actions <br />Section 7(a)(2) states that each Federal agency shall, in consultation with the Secretary, <br />insure that any action they authorize, fund, or carry out is not likely to jeopardize the <br />continued existence of a listed species or result in the destruction or adverse modification of <br />designated critical habitat. In fulfilling these requirements, each agency must use the best <br />scientific and commercial data available. This section of the Act defines the consultation <br />process, which is further developed in regulations promulgated at 50 CFR §402. <br />The Handbook <br />This handbook was primarily developed to aid FWS and NMFS biologists implementing the <br />section 7 consultation process. The purpose of the handbook is to provide information and <br />guidance on the various consultation processes outlined in the regulations. Additionally, the <br />handbook will ensure consistent implementation of consultation procedures by those <br />biologists responsible for carrying out section 7 activities. Chapters of the handbook deal <br />xx 0