AASHTO PH17-2016 PRACTITIONER S HANDBOOK COMPLYING WITH SECTION 7 OF THE ENDANGERED SPECIES ACT FOR TRANSPORTATION PROJECTS (Revision 1).pdf
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1、Complying with Section 7 of the Endangered Species Act for Transportation Projects 1 AASHTO PRACTITIONERS HANDBOOK The Practitioners Handbooks are produced by the Center for Environmental Excellence by AASHTO. The Centers Handbooks provide practical advice on a range of environmental issues that ari
2、se during the planning, development, and operation of transportation projects. The Handbooks are primarily intended for use by project managers and others who are responsible for coordinating compliance with a wide range of regulatory requirements. With their needs in mind, each Handbook includes: k
3、ey issues to consider; a background briefing; practical tips for achieving compliance; and a list of reference materials. In addition, key regulations, guidance materials, and sample documents for each Handbook are posted on the Centers web site at http:/environment.transportation.org. American Asso
4、ciation of State Highway and Transportation Officials Center for Environmental Excellence by AASHTO 17 November 2016 COMPLYING WITH SECTION 7 OF THE ENDANGERED SPECIES ACT FOR TRANSPORTATION PROJECTS This Handbook provides an overview of Section 7 consultation under the Endangered Species Act (ESA)
5、and provides advice on carrying out Section 7 consultation for transportation projects. This Handbook focuses on the consultation process primarily from the perspective of the federal action agency and the applicant. The Background Briefing section describes the legal framework for Sec- tion 7 consu
6、ltation as defined in the ESA itself and in regulations issued by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. This section includes a flow chart illustrating the four main steps in Section 7 consultation and the findings that can be made at each step. The Key Issues
7、 to Consider section raises a series of questions for practi- tioners to consider when undertaking Section 7 consultation for a transpor- tation project. This section can be used as a checklist when preparing for each step in Section 7 consultation. The Practical Tips section provides advice on how
8、to comply with Section 7 requirements as efficiently and effectively as possible. Issues covered in the Practical Tips section of the Handbook include: Preparing for Section 7 consultation Defining the action area and requesting or submitting a species list Assessing the effects of the proposed acti
9、on on Section 7 resources Conducting formal consultation Conducting conference for proposed species and proposed critical habitat Coordinating Section 7 with the NEPA process and other require- ments Complying with Section 7 following completion of the NEPA processCopyright 2016, Center for Environm
10、ental Excellence by AASHTO (American Association of State Highway and Transportation Officials). All Rights Reserved. This book, or parts thereof, may not be reproduced in any form without written permission of the publisher. Printed in the United States of America. This material is based upon work
11、supported by the Federal Highway Administration under Cooperative Agreement No. DTFH61- 07-H-00019. Any opinions, findings, and conclusions or recommendations expressed in this publication are those of the Author(s) and do not necessarily reflect the view of the Federal Highway Administration. 2016
12、by the Center for Environmental Excellence by AASHTO. All rights reserved. Duplication is a violation of applicable law.Complying with Section 7 of the Endangered Species Act for Transportation Projects 1 This Handbook provides an overview of Section 7 consultation under the Endangered Species Act (
13、ESA) as well as advice on carrying out Section 7 consultation for transportation projects. This Handbook is intended primarily for use by transportation agencies and their consultants and therefore focuses on the consultation process from the perspective of the Federal action agency and applicant. T
14、his Handbook consists of four parts: Background Briefing provides an overview of the ESA as a whole and summarizes the four main steps in Section 7 consultation. This section also briefly discusses the relationship of Section 7 consultation to the National Environmental Policy Act (NEPA) process. Ke
15、y Issues to Consider raises a series of questions for practitioners to consider when undertaking Section 7 consultation for a transportation project. This section can be used as a checklist when preparing for Section 7 consultation. Practical Tips provides advice on how to comply with Section 7 requ
16、irements as efficiently and effectively as possible. This section is organized according to the steps of the consultation process, from initiation through completion. It also addresses intersecting issues, such as how to coordinate Section 7 consultation with the NEPA process and other requirements.
17、 Reference Materials includes a list of key resource materials relevant to Section 7 consultation, including the statute, regulations, and important guidance, as well as links to additional materials on agency websites. This Handbook also includes two appendices: Appendix A provides brief explanatio
18、ns of key terms and concepts in Section 7 consultation. Appendix B lists timeframes specified in the Section 7 regulations for various stages within the Section 7 consultation process. For readability, this Handbook uses the following simplified terminology: “Service” refers to the U.S. Fish and Wil
19、dlife Service (USFWS) or the National Marine Fisheries Service (NMFS), as applicable. In general, “the Service” is used when describing an action that could be taken by either the USFWS or NMFS. The term “Services” is used when referring to both agencies together. The terms “USFWS” and “NMFS” are us
20、ed when it is necessary to refer to a particular agency. “Federal action agency” refers to the Federal agency with responsibility for compliance with Section 7. The Section 7 regulations use the term “Federal agency” to refer to the agency with Section 7 consultation obligations, but “Federal action
21、 agency” is commonly used in practice to distinguish that agency from the USFWS and NMFS. As used in this Handbook, the “Federal action agency” also includes any State Department of Transportation (state DOT) that has assumed the responsibilities of a U.S. Department of Transportation (U.S. DOT) age
22、ncy for Section 7 consultation pursuant to an assignment program. 1 “Listed” and “designated” are used in this Handbook to refer to species listed and critical habitat designated under the ESA. In other words, these terms are used to refer to federally listed species and federally designated critica
23、l habitat. If context requires reference to a species listed under state law, the term “state-listed” is used. “Section 7 resource” is used in this Handbook to refer collectively to “listed and proposed species as well as designated and proposed critical habitat.” Where context requires, this Handbo
24、ok refers specifically to listed species, proposed species, designated critical habitat, and proposed critical habitat, as applicable. 1 See 23 USC 326 and 327. Overview 2016 by the Center for Environmental Excellence by AASHTO. All rights reserved. Duplication is a violation of applicable law.2 Com
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