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 * * * * * *
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CHAPTER 1 ---GENERAL INFORMATION
1.1 INTRODUCTION TO SECTION 7 CONSULTATION
Section 7 of the Endangered Species Act (Act) provides some of the most valuable and
powerful tools to conserve listed species, assist with species' recovery, and help protect
critical habitat. It mandates all Federal agencies to determine how to use their existing
authorities to further the purposes of the Act to aid in recovering listed species, and to
address existing and potential conservation issues.
A review of the legislative history of the Act and its amendments makes it clear the drafters
of the legislation were designing a law with the strength to protect species, while at the same
time creating a mechanism encouraging a productive dialogue between project proponents
and the agencies charged with implementing the Act.
Section 7(a)(1) directs the Secretary (Secretary of the Interior/Secretary of Commerce) to
review other programs administered by them and utilize such programs to further the
purposes of the Act. It also directs all other Federal agencies to utilize their authorities in
furtherance of the purposes of the Act by carrying out programs for the conservation of
species listed pursuant to the Act.
This section of the Act makes it clear that all Federal agencies should participate in the
conservation and recovery of threatened and endangered species. Under this provision,
Federal agencies often enter into partnerships and Memoranda of Understanding with the
Fish and Wildlife Service (FWS) or the National Marine Fisheries Service (NMFS) for
implementing and funding conservation agreements, management plans, and recovery plans
developed for listed species. Biologists for the Services should encourage the development
of these types of partnerships and planning efforts to develop pro-active approaches to listed
species management, rather than reacting when a conflict occurs.
Section 7(a)(2) states that each Federal agency shall, in consultation with the Secretary,
insure that any action they authorize, fund, or carry out is not likely to jeopardize the
continued existence of a listed species or result in the destruction or adverse modification of
designated critical habitat. In fulfilling these requirements, each agency is to use the best
scientific and commercial data available. This section of the Act sets out the consultation
process, which is further implemented by regulation (50 CFR §402).
This handbook was developed to aid Fish and Wildlife Service (FWS) and National Marine
Fisheries Service (NMFS) biologists implementing the section 7 consultation process.
Throughout the handbook, the term "Services" will be used to generically refer to both
agencies together. However, this is not meant to imply that all actions discussed herein are
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