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* * * * * * Final ESA Section 7 Consultation Handbook, March 1998 * * * * * *
species, or destroy or adversely modify proposed critical habitat; (2) designed to help Federal
agencies identify and resolve potential conflicts between an action and species conservation
early in a project's planning; and (3) designed to develop recommendations to minimize or
avoid adverse effects to proposed species or proposed critical habitat. [50 CFR ยง402.02, 50
CFR ยง402.10]
Conservation - the terms "conserve," "conserving" and "conservation" mean to use and the
use of all methods and procedures which are necessary to bring any endangered species or
threatened species to the point at which the measures provided pursuant to [the] Act are no
longer necessary. Such methods and procedures include, but are not limited to, all activities
associated with scientific resources management such as research, census, law enforcement,
habitat acquisition and maintenance, propagation, live trapping, and transplantation, and, in
the extraordinary case where population pressures within a given ecosystem cannot be
otherwise relieved, may include regulated taking. [ESA ยง3(3)]
Conservation measures - are actions to benefit or promote the recovery of listed species that
are included by the Federal agency as an integral part of the proposed action. These actions
will be taken by the Federal agency or applicant, and serve to minimize or compensate for,
project effects on the species under review. These may include actions taken prior to the
initiation of consultation, or actions which the Federal agency or applicant have committed to
complete in a biological assessment or similar document.
Conservation recommendations - the Services' non-binding suggestions resulting from
formal or informal consultation that: (1) identify discretionary measures a Federal agency can
take to minimize or avoid the adverse effects of a proposed action on listed or proposed
species, or designated or proposed critical habitat; (2) identify studies, monitoring, or research
to develop new information on listed or proposed species, or designated or proposed critical
habitat; and (3) include suggestions on how an action agency can assist species conservation
as part of their action and in furtherance of their authorities under section 7(a)(1) of the Act.
[50 CFR ยง402.02]
Constituent elements - physical and biological features of designated or proposed critical
habitat essential to the conservation of the species, including, but not limited to: (1) space for
individual and population growth, and for normal behavior; (2) food, water, air, light,
minerals, or other nutritional or physiological requirements; (3) cover or shelter; (4) sites for
breeding, reproduction, rearing of offspring, germination, or seed dispersal; and (5) habitats
that are protected from disturbance or are representative of the historic geographic and
ecological distributions of a species. [ESA ยง3(5)(A)(i), 50 CFR ยง424.12(b)]
Critical habitat - for listed species consists of: (1) the specific areas within the geographical
area occupied by the species, at the time it is listed in accordance with the provisions of
section 4 of the Act, on which are found those physical or biological features (constituent
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