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<br />002682 <br /> <br />MANAGING ESA ISSUES <br /> <br />HOLLAND & HART LLP <br /> <br />402,14(g)(I). Also, the Service is to discuss with an applicant the Service's <br />review and evaluation of basic background information on the project and its <br />potential species impact, AdditionaIly, if a jeopardy opinion is to be issued, the <br />Service should discuss the availability of reasonable and prudent alternatives with <br />the applicant, and utilize the expertise of the applicant in identifying these <br />alternatives. Id. 9402.14(g)(5). <br /> <br />Next, the project applicant may (and should) request a copy of the draft <br />biological opinion from the action agency if that agency has requested the Service <br />to provide such a draft for the purpose of analyzing the reasonable and prudent <br />alternatives. Id. 9 402.l4(g)(5). Comments on a draft biological opinion are to <br />be submitted to the Service through the action agency, but the applicant is entitled <br />to send a copy of its comments directly to the Service. <br /> <br />. Provide Good Environmental Data to the Consulting Agencies. <br />Using the opportunities in the Section 7 process and informal contacts, project <br />applicants should seek to provide good baseline and evaluative environmental data <br />to the consulting agencies. For instance, under 50 C,F.R. 9 402.14(d), the action <br />agency must provide the applicant with an opportunity to submit information for <br />consideration during consultation. Current site-specific information on the <br />presence of species in the project area, habitat requirements for the species, and <br />scope of the proposed project and potential impacts can go a long way toward <br />expediting the consultation process and leading to the development of a biological <br />opinion, conservation measures, and/or reasonable and prudent alternatives that <br />both project proponents and the consulting agencies can agree upon. A key task <br />for the project applicant is to make sure that the consultation process is not <br />unnecessarily delayed due to insufficient information. <br /> <br />. Identify an Advocate for the Project Within the Consulting <br />Agencies. Because the consultation and biological opinion process can involve <br />many layers of agency review and communications, it is indispensable for project <br />proponents to maintain good contacts with the agencies and, if possible, develop <br />an advocate within the agency that can serve as a point of contact, This person <br />can help keep the applicant informed of the status of the consultation, and also <br />serve as a contact to provide needed information to the Service and the consulting <br />agencies from the applicant, <br /> <br />IV, Recovery Planning <br /> <br />After a species is listed, the Service is required to develop a recovery plan, which <br />is to be updated periodically, Originally thought of as simply a cook-book approach to <br />identifying actions necessary to recover a species, this process has expanded in <br />significance. Recovery plans contain the criteria by which the listed species (or <br /> <br />- 9 - <br />