(C) The Chairman of the Council of Economic Advisors. Notwithstanding any other provision of this section, the Committee shall accept the determinations of the President under this subsection. 17 (a), is act July 10, 1954, ch. References in Text. Authorization of appropriations, Sec. Section 7 directs federal agencies to use their authorities to help conserve listed species. Section 7 of the Endangered Species Act requires federal agencies to ensure that actions they authorize, fund, or carry out do not jeopardize the existence of any species listed under the ESA, or destroy or adversely modify designated critical habitat of any listed species. opportunities to implement Section 7(a)(1) conservation actions also were discussed. (B) While away from their homes or regular places of business in the performance of services for the Committee, members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5 of the United States Code. %PDF-1.6 %���� 11 (F) The Administrator of the National Oceanic and Atmospheric Administration. The connection with the Endangered Species Act (ESA) Section 7: NOAA Fisheries' issuance of incidental take authorizations under the MMPA is a federal action that requires ESA Sectio… SEC. Determination of endangered species and threatened species, Sec. SEC. ESA Overview Module 4 – Section 7, Interagency Consultation Text How to Initiate Consultation (slides 31 - 40) How to Initiate Consultation In the Endangered Species Act, the documentation required to initiate consultation is often called a Biological Assessment or BA. ! If a Washington State Department of Transportation (WSDOT) project has a federal nexus (the project receives federal funding, a federal permit, or occurs on federal land), work must comply with Section 7 of the Endangered Species Act (ESA) and the Magnuson-Stevens Fishery and Conservation Act (EFH). (p) EXEMPTIONS IN PRESIDENTIALLY DECLARED DISASTER AREAS.—In any area which has been declared by the President to be a major disaster area under the Disaster Relief and Emergency Assistance Act, the President is authorized to make the determinations required by subsections (g) and (h) of this section for any project for the repair or replacement of a public facility substantially as it existed prior to the disaster under section 405 or 406 of the Disaster Relief and Emergency Assistance Act, and which the President determines (1) is necessary to prevent the recurrence of such a natural disaster and to reduce the potential loss of human life, and (2) to involve an emergency situation which does not allow the ordinary procedures of this section to be followed. ?�2�Cy�(����rLn�YɹZ`0E?�粨M2ʬ�Vq6Vsb T������y�"�� (2)(A) Except as provided in subparagraph (B), an exemption for an agency action granted under paragraph (1) shall constitute a permanent exemption with respect to all endangered or threatened species for the purposes of completing such agency action— (i) regardless whether the species was identified in the biological assessment; and (ii) only if a biological assessment has been conducted under subsection (c) with respect to such agency action. (D) The Committee may use the United States mails in the same manner and upon the same conditions as a Federal agency. (7) The term “Federal agency” means any department, agency, or instrumentality of the United States. (B) The Secretary of the Army. Any applicant may request the Secretary to carry out such mitigation and enhancement measures. Any reasonable and prudent measures specified under section 7 of the Endangered Species Act (16 U.S.C. (C) The Committee shall meet at the call of the Chairman or five of its members. (o) Notwithstanding sections 4(d) and 9(a)(1)(B) and (C), sections 101 and 102 of the Marine Mammal Protection Act of 1972, or any regulation promulgated to implement any such section— (1) any action for which an exemption is granted under subsection (h) shall not be considered to be a taking of any endangered species or threatened species with respect to any activity which is necessary to carry out such action; and (2) any taking that is in compliance with the terms and conditions specified in a written statement provided under subsection (b)(4)(iv) shall not be considered (10) In no case shall any representative, including a representative of a member designated pursuant to paragraph (3)(G) of this subsection, be eligible to cast a vote on behalf of any member. Section 7 (a) (2) of the US Endangered Species Act (ESA) directs federal agencies to consult with the US Fish and Wildlife Service (FWS) and/or National Marine Fisheries Service (NMFS) if an action they fund, permit, or carry out may affect ESA-listed species. Annual cost analysis by the Fish and Wildlife Service, Information for Planning and Consultation (IPaC). H�t�yPSY��KH^x/��i�Q��mApE�4@"$��&� �A�ma�pAmT\�Z��qGg�iD�g�D�]3���c�ک{�V�{�9u������q\��{�����Z���MB��df�mi�>G�NfE�"9 ���:'�V��q�;6E�b�bWfY"����8U������ƈ��xqT��+.E���J�~��b�gB��Wo�X)UI�i�fw�B.��aR��$,ܨP&J�_����a<66���X`�P�j[�a^����0,�c���F`]�c\����X�Y�,%��g�v���"�o9K9�w\����#��|x�3�js��ܼ��_��"K���3=f����*�j�z�u��Z�N��e���*�|;�.�n�, ���>�O��s 8 ESA § 7(d), 16 U.S.C. Fish and Wildlife Service (FWS) requires project review information to meet the requirements of Section 7(c) of the Endangered Species Act (EA) of 1973, as amended (16 U.S.C. Discussions between the two agencies may include what types of listed species may occu… (7) Neither paragraph (4), (5), or (6) of this subsection nor section 553 of title 5, United States Code, shall apply to any regulation issued by the Secretary in regard to any emergency posing a significant risk to the well-being of any species of fish or wildlife or plants, but only if— (A) at the time of publication of the regulation in the Federal Register the Secretary publishes therein detailed reasons … (B) Upon receipt of an application for exemption for an agency action under paragraph (1), the Secretary shall promptly (i) notify the Governor of each affected State, if any, as determined by the Secretary, and request the Governors so notified to recommend individuals to be appointed to the Endangered Species Committee for consideration of such application; and (ii) publish notice of receipt of the application in the Federal Register, including a summary of the information contained in the application and a description of the agency action with respect to which the application for exemption has been filed. !"!! (4)(A) Members of the Committee shall receive no additional pay on account of their service on the Committee. Section 9 prohibits unlawful ‘take,’ of such species, which means to “harass, harm, hunt...”. ): Provided, That an environmental impact statement which discusses the impacts upon endangered species or threatened species or their critical habitats shall have been previously prepared with respect to any agency action exempted by such order. (B) An exemption shall be permanent under subparagraph (A) unless— (i) the Secretary finds, based on the best scientific and commercial data available, that such exemption would result in the extinction of a species that was not the subject of consultation under subsection (a)(2) or was not identified in any biological assessment conducted under subsection (c), and (ii) the Committee determines within 60 days after the date of the Secretary’s finding that the exemption should not be permanent. Convention implementation, Sec. [ESA Section 6]Cooperation with States 6. (E) The Secretary of the Interior. The environmental baseline includes the past and present impacts of all Federal, State, or private actions and other human activities in the action area, the anticipated impacts of all proposed Federal projects in the action area that have already undergone formal or early section 7 consultation, and the impact of State or private actions which are contemporaneous with the consultation in process. According to the section 7 consultation regulations, an applicant “refers to any
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