Endangered Species Act Basics & Section 7 Consultation Strategies for Hydropower Relicensing & License Amendments. Cherise M. Oram Stoel Rives LLP Hydropower Relicensing Portland, Oregon May 31, 2006. Section-by-section review Listing Take prohibition Section 7 Consultation
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Cherise M. Oram
Stoel Rives LLP
May 31, 2006
Section 7 Consultation
The biological opinion
Strategic section 7 considerations
The proposed action
Reviewing the BiOp
What if it’s Jeopardy?
Terms and conditions
Reinitiation languageToday’s Presentation
For studies, hatchery broodstock collection, mitigation and enhancement actions, etc.
Two ways to obtain incidental take authorization:
- Joint Endangered Species Consultation Handbook at 4-32.
Past effects of a proposed action that is being re-approved (e.g., past ops)
Past and future effects of existing structures (dams)
Service considers impact in conducting overall analysis
But effects are not attributed to proposed action
Includes all future effects of action being analyzed
For actions being re-authorized, considers effect of continuing action for term of next permit/license – not just incremental change from previously authorized action
Terms and conditions imposed to minimize effects of action’s incidental takeEnvironmental Baseline vs. Proposed Action
“In instances where the amount or extent of incidental take is exceeded, any operations causing such take must cease pending reinitiation.” Handbook at 4-60.