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GENERAL31841
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GENERAL31841
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Last modified
8/24/2016 7:54:44 PM
Creation date
11/23/2007 7:06:42 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1999002
IBM Index Class Name
General Documents
Doc Date
7/22/1999
Doc Name
FINAL ENVIRONMENTAL IMPACT STATEMENT VOLUME 2 APPENDIX L
Media Type
D
Archive
No
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Ilppendis L <br />Sec~lun ~ Consulta~lon <br />"may affect, unlikely to adversely affect" fmding for listed plants (see clarifications submitted as <br />an attachment to 31 May 1999 letter). This exchange exemplifies the purpose and inherent utility <br />of the informal Section 7 process, namely to cooperatively detemtine the effects of an action on <br />listed species or critical habitat and to establish the need and/or basis for formal consultation. T'he <br />request for subsequent formal consultation by USFWS is a standazd procedwee when there is <br />insufficient information to adequately determine the nature of the effects or when the USFWS <br />does not agree with the action agency's determination of effects. BLM consequently amended <br />its BA for fish, clarified issues raised by USFWS eazlier in the process (i.e., listed plants), and <br />requested the initiation of formal consultation in a second letter dated 31 Ma:/ 1999. Formal <br />consultation procedures between BLM and USFWS were thereby initiated o~i 1 June 1999. <br />The USFWS determines whether the BA package includes adequate information to develop a <br />Biological Opinion and, if not, asks the BLM to provide any additional nece:~sary information. <br />An important aspect of the consultation process is that "All formal consultation actions should be <br />undertaken cooperatively with the action agency and any applicant, thus allowing the Service to <br />develop a better understanding of duect and indirect effects of a proposed action and any <br />cumulative effects in the action azea." (page 4-6, Final ESA Section 7 Cons:dtation HandboolS <br />March 1998). <br />Based on the BA and any other relevant information, the USFWS formulate:. and renders a <br />Biological Opinion that sets forth whether the BLM's proposed action is likely to jeopazdize the <br />continued existence of a listed species or to destroy or adversely modify critical habitat. <br />If the USFWS fmds that the BLM-proposed action is not likely to jeopardize: the continued <br />existence of listed species and/or result in an adverse modification of critical habitat, the BLM <br />may proceed with the action, meanwhile complying with any reasonable and. prudent measures to <br />minimize the incidental take of affected species. An incidental take statement is a required <br />component of the Biological Opinion that is normally expressed as the number of individuals <br />reasonably likely to be taken (i.e., harassed, harmed or killed) or the extent of habitat likely to be <br />destroyed or disturbed. Compliance with the terms and conditions of the inciidental take <br />statement would exempt the BLM and its permittee from certain prohibited acts (i.e., Section 9 <br />of the ESA). <br />If the USFWS fmds that the proposed action will jeopazdize the species and,'or adversely modify <br />critical habitat, the BLM has several options: <br />• adopt one of the reasonable and prudent alternatives the USFWS recomrnends to eliminate <br />the jeopardy or adverse modification fmding in the Biological Opinion <br />• reinitiate consultation by modifying its proposed action and/or by offering an additional <br />reasonable and prudent alternative to the proposed action <br />• opt not to permit the action <br />BLM's written acceptance of appropriate reasonable and prudent alternatives concludes the <br />consultation process. <br /> <br />L-2 <br />
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