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0;)2918 Federal Register I Vol. 4B. No. 126 I Wednesday. June 29, 1983 I Proposed Rules 29999 "Destruction or adverse modificHlion" means a direct or indirect alteration of critical habitat which appreciably diminishes the \'a\ue of the habitat fot hoth the 8uryival and recovery of 8 1i~led species. Such ahetatians include. bul are nollimited 10. alterations adversely modifying any of those physical or biological fealures fhat wert' the basis for determining the h..bilal to becrilical. "Director" refers 10 the Assistant Administrator for Fisheries for the National Oceanic and Atmospheric Administration: the FINS regional dIrector for the region where the action would be carried oul; or the Y,'ashin~lon Office of the F\\'S if more than one region is involved. "Early consultation" refers to a component of the consultation process that bas been requested by a Federal agency on bebalf of II prospective applicant lifter it has been determined that the proposed action "may adversely affect" listed species or critical habitat. "Effects of the action" refers to the effects of an action on the spedes or critical habitat that will be added to the environmental baseline. It includes the dire<;t and indired effects of the Federal a<;tion under consideration together with the effects of actions thai are interrelated or interdependent with the a<;tion. Indirect effects are those that are caused by the proposed action and are later in time. but still lire reasonably certain. Interrelated actions are those that are part of a larger action. Interdependent actions are tbose thai ha\'e no independent utility apart from the acHon. "Federal agency" means any department. agency. or instrumentality of the United States. "Formal consultation" refers to a component of the consultation process that commences .....ith the Federal agency's written request for consultation after il has been detennined. through informal consultalion with the Service, that its action ma}' adversely affect listed species or critical habitat. "Further discussion" refers to a component of the consultation process that includes discuuions between the Service. the Federal agency, or applicant on the conservation recommendations or the rf'8sonable and prudent allema!ives contained in the biological opinion. "Incidental take" refers to lakings that are incidental to. and not the purpose of. the carrying out of an otherwise lawful activity conducted b)' the agency or applicant. "Informal consultation" refers to a component of the consultation process that includes all discussions. correspondence. etc" between the Service and the Federal agency or the designated non.federal representative prior to initiation of formal consultation. "Jeopardize the continued existence or' means to engage in an a<;tion "hich reasonably would be expected, directly or indirectly. to reduce appreciably the likelihood of both the survival and recovery of listed species in the wild by reducing the reproduction. numbers. or distribution of a listed spl!cies or otherwise adversely Affecting the species. "LJsted species" means any species of fish, wildlife, or plant which has been determined to be endangt'red or threatened under Sechon 4 of the Act. Usted species are found in 50 Cf"R 17.11-17.12. "Preliminary biological opinion" refers to an opinion issued as a result of early consultation. "Proposed critical habitat" mpans habitat proposed in the Federal Register to be designated for an)' listed or proposed species under Se<;tion 4 of the Act, "Proposed species" means any species of fish. wildlife. or plantthllt is proposed in the Federal Register to be listed under Section 4 of the Act. "Reasonable and prudent alternatives" refer to alternative actions that can be implemented in a manner consist'!nt with the intended purpose of the action and which the Director believes would avoid the likelihood of jeopardizing the continued existence of listed species or resulting in the destruction or adverse modification of critical habitat. "Recovery" means improvemenl in the status of Iisled species to the point at which listing is no longer required. "Service" means the U.s. Fish and Wildlife S€-n;ice or the National Marine Fisheries Service. as appropriate. f 402.3 Apptlcability. Section 7 and the requirements of this Part apply to all actions in which there is Federal in\lolvement or control. J 402.4 Counterpart regulations. The consultation procedures set fortb in this Part may be superseded for a particular Federal agency by joint counterpart regulations drafted by that agency and the FWS and the N~fFS. Such counterpart regulations shaU be published in the Federal Register i.n proposed form and shall be subject to publi<; comment for 60 days before final rules are published. g 402.5 Emergencies. \\'here emergenc)' circumstances mandate the need 10 proceed in an expedited manner. the director. upon request from the Federal agency. mHY CHIT}' ouf the consultation process through altemolh'e procedures which the Director determines to be consistent with Ihe requirements of Section 7{a) through (d) of the Act This provision applies to situations involving acts of God. casualties. etc. ~~ 402.6-402.9 [RttUrvedJ Subpart B-ConsultalJon Process , 402.10 Consotidatlon of Informal snd formal conSultation snd conference, cOOfdlnatton wIth other enylronmentat revIews, and deslgrnttion 01 lead ageney. la) (nfonnal and fonnal consultation and conference procedures under Section 7 may be consolidated with interagency cooperation procedures required by other statutes, such as NEPA (42 U.S.C. 4321 at seq" implemented ot40 Cf'R Part 1500) or the Fish and Wildlife Coordination Act (16 U.S.G. 661 el seq.'. Satisfying the requirements of these other statutes. however. does not in itself relieve a Federal agency of its obligations to comply with either the formal consultation procedures set forlh In this Part or the substantive requirements of Section 7. (b) For a major construction activity, a biological assessment should be consolidated with interagency cooperation procedures required by otht1r stalutes such os the NEPA (42 U.S.C. 4321 et seq., jmplement~d al40 em Part 1500) or the Fish and Wildlife Coordination Act f16 V.S.C. 661 at seq.). The results of a biological assessment should be incorporated in appropriate documents required by these statutes. For a major constru<;tion activity. if !.he .Federal agency adequately evaluates. through the NEPA process, the impacts of the proposed action to the species and habitat of concern in the consullallon, the biological assessment requirement can be fulfilled. Satisfying the requirements of these other statules, however, does not in itself relieve a Federal agency of its obligation to comply with the biological assessment procedures set forth in 1402.12{b). The Sen;ce will attempt to provide a coordinated te\'iew and anal}'sis of all en\'ironmenla! requirements. (cl A conference between a Federal agency and the Set\'ice on an action that is likely to ieopardize the conlinued existence of a proposed species or result in the destruction or ad\.'erse modification of proposed critical habitat mil\' be consolidated ....ith fonnal consultstion conducted on listed species or critical habitat. J I 'I I .