Laserfiche WebLink
<br />o <br />o <br />(':.'1 <br />~ <br />I-" <br />tv <br /> <br />. <br /> <br />. <br /> <br />7.0 Incidental Take <br /> <br />Section 9 of the Act and Federal regulation pursuant to section 4(d) of the Act prohibit the <br />take of endallgered and threatened species, respectively, without a special exemption. Take is <br />defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to <br />attempt to engage in any such conduct. Harm is further defined by the Service to include <br />significant habitat modification or degradation that results in death or injury to listed species <br />by significantly impairing essential behavioral patterns including breeding, feeding, or <br />sheltering. Harass is defined by the Service as intentional or negligent actions that create the <br />likelihood of injury to listed species to such an extent as to significantly disrupt normal <br />behavior patterns which include, but are not limited to breeding, feeding or sheltering. <br />Incidental take is defined as take that is incidental to, and not the purpose of, the carrying out <br />of an otherwise lawful activity. <br /> <br />Under the terms of section 7(b)(4) and section 7(0)(2), taking that is incidental to and not <br />intended as part of the agency action is not considered to be prohibited taking under the Act <br />provided that such taking is in compliance with the terms and conditions of an incidental take <br />statement in the biological opinion. The Service will include individual incidental take <br />statements in biological opinions for projects in the basin. The incidental take statements will <br />identifY reasonable and prudent measures from the L.P. that will minimize take, taking into <br />account the sufficient progress determination described above. <br /> <br />The reasonable and prudent measures, with their implementing terms and conditions, are <br />designed to minimize incidental take that might otherwise resultfrom the proposed action. <br />Incidental take statements exempt action agencies and their permittee from the Act's section 9 <br />prohibitions if they comply with the reasonable and prudent measures and the implementing <br />terms and conditions of incidental take statements. As stated in 50 CFR 402.J4(i)(2) these <br />"Reasonable and prudent measures along with the terms and conditions that implement them, <br />cannot alter the basic design, location, scope, duration, or timing of the action and may <br />involve only minor changes. " <br /> <br />The measures are nondiscretionary, and must be undertaken so that they become binding <br />conditions of any Federal discretionary activity,for the exemption in section 7(0)(2) to apply. <br />The <br />lead Federal agency has a continuing duty to regulate the activity covered by this incidental <br />take statement. If the lead Federal agency (1) fails to assume and implement the terms and <br />conditions or (2) fails to retain oversight to ensure compliance with these terms and <br />conditions, the protective coverage of section 7(0)(2) may lapse. <br /> <br />8.0 REINITIATION OF CONSULTATIONS <br /> <br />As provided in 50CFR402.16, reinitiation offormal consultation is required where <br />discretionary Federal agency involvement or control over the action has been retained (or is <br />authorized by law) and under the following conditions: <br /> <br />11 <br />