The Interior Departments U.S. Fish and Wildlife Service and the Commerce Departments National Marine Fisheries Service, in conjunction with other agencies, have issued a final handbook on the Endangered Species Act. The handbook, entitled Endangered Species Consultation Handbook: Procedures for Conducting Consultation and Conference Activities Under Section 7 Section 7
Section 7 Consultation
The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.
Learn more about Section 7 of the Endangered Species Act, is designed to promote consistency, flexibility, and a streamlined process for completing consultations.
The two agencies published a notice on the availability of the final consultation handbook in todays Federal Register. Section 7 of the Endangered Species Act requires all Federal agencies to ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of critical habitat. The handbook provides information and guidelines on the various consultation processes outlined in government regulations and is intended to promote consistent implementation within and between the two agencies.
Specific chapters establish policies and procedures for informal, formal, emergency, and special consultations and conferences. The handbook also includes background information and sample consultations in its appendices. The Fish and Wildlife Service published a draft consultation handbook in November 1994. Since the draft consultation handbook was released, a number of substantive changes in consultation processes and procedures have been developed and implemented. These changes have been incorporated in the final handbook. They include:
o Publishing the final consultation handbook as a joint document between FWS and NMFS.
o Enhanced coordination with and participation by state and Tribal governments in consultation processes based on the FWS/NMFS joint policy on the role of the states (July 1, 1994) and the FWS/NMFS joint Secretarial Order on Tribal rights (June 5, 1997).
o A renewed emphasis on using sound science in making determinations of effect and in making jeopardy and/or adverse modification determinations based on the FWS/NMFS joint policy on information standards (July 1, 1994).
o An emphasis on streamlining and enhanced coordination with all parties to the consultation process. This includes greater coordination during informal consultation to avoid the need for formal consultation and providing consultation concurrently with other project analyses such as those required by NEPA. It also includes increased use of programmatic or batched consultations that set standards and guidelines to reduce consultation requirements on individual actions that meet these standards and guidelines. Ultimately this should result in a more efficient consultation process with greater cooperation among consulting agencies.
The U.S. Fish and Wildlife Service is the principal Federal agency responsible for conserving, protecting, and enhancing fish and wildlife and their habitats for the continuing benefit of the American people. The Service manages the 93-million-acre National Wildlife Refuge System comprised of more than 500 national wildlife refuges, thousands of small wetlands, and other special management areas. It also operates 66 national fish hatcheries, 64 fish and wildlife management assistance offices, and 78 ecological services field stations. The agency enforces Federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign governments with their conservation efforts. It also oversees the Federal Aid program that distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to state wildlife agencies.
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