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governs a 'federal agency to federal agency' activity review process and is <br />implemented by the Fish and Wildlife Service or National Marine Fishery <br />Service. <br />• § 7 (a)(1) "...All other federal agencies shall, in consultation with <br />the Secretary [Interior /Commerce], utilize their authorities in <br />furtherance of the purposes of this Act by carrying out programs for <br />the conservation of endangered species and threatened species..." <br />- in short this Section contains affirmative responsibilities and <br />instructs all federal agencies to do `good things' for listed <br />species. <br />regulations have never been developed for § 7 (a) (1). <br />- § 7 (a)(2) "Each federal agency shall, in consultation with and <br />with the assistance of the Secretary, insure that any action <br />authorized, funded, or carried out by such agency is not likely to <br />jeopardize the continued existence of any endangered species or <br />threatened species or result in the destruction or adverse modification . <br />of..." critical habitat. <br />- regulations covering § 7(a)(2) were published in the Federal <br />Register on June 3, 1986 (50 CFR Part 402) <br />• The `Consultation Process' under § 7 (a)(2) contains two important <br />components. <br />- Informal Consultation is an optional process that includes <br />general and 'informal' discussions regarding listed species and <br />potential projects or a specific proposed action (i.e. the day -to -day <br />dialogue between the Forest Service and the FWS regarding <br />proposed timber sales and grizzly bear habitat requirements). <br />- Formal Consultation is the 'formal' rendering of a <br />biological opinion by the FWS on a proposed action after the <br />agency has reached a 'may affect' determination. <br />• <br />2 <br />