Recovery Plan for the Northern Spotted Owl - DRAFT

The results of a consultation are summarized by the FWS in a biologicalopinion. During the consultation, the FWS estimates the amount of take oflisted species that will occur incidental to the action. If the proposed actionwould result in incidental take, then the FWS may develop "reasonable andprudent measures" to minimize the level of take. The biological opinion stateswhether incidental take is authorized (assuming the reasonable and prudentmeasures are followed), and describes the permissible level of take. Thedescription of allowable take is called an incidental take statement.If the FWS concludes that the action is likely to jeopardize a species, or lead tothe destruction or adverse modification of critical habitat, then the FWSattempts to work with the action agency to develop reasonable and prudentalternatives. Reasonable and prudent alternatives are designed to allow theaction to continue without jeopardizing the continued existence of the speciesor resulting in the destruction or adverse modification of critical habitat."Reasonable and prudent alternatives refer to alternative actions identifiedduring formal consultation that can be implemented in a manner consistentwith the intended purpose of the action, that can be implementedconsistent with the scope of the federal agency's legal authority andjurisdiction, that is economically and technologically feasible, and thatthe director believes would avoid the likelihood of jeopardizing the continuedexistence of listed species or resulting in the destruction or adversemodification of critical habitat." (50 CFR 402.02.)Agencies are required by the Endangered Species Act to follow the provisions ofthe incidental take statement and to implement the reasonable and prudentmeasures. The act also requires agencies to avoid jeopardizing any listedspecies or causing destruction or adverse modification of critical habitat.Agencies may act on their own conclusions, however, about whether a proposedaction will have any of these effects; they do not have to accept thejudgement of the FWS. Therefore, once consultation is complete, agencies mayproceed with the action regardless of the outcome of the consultation as longas they follow the provisions of the incidental take statement and the reasonableand prudent measures (if any).Further consultation is not required except in the following situations:"Federal involvement or control over the action has been retained or isauthorized by law and:a) If the amount or extent of taking specified in the incidentaltake statement is exceeded;b) If new information reveals effects of the action that mayaffect listed species or critical habitat in a manner or to anextent not previously considered;c) If the identified action is subsequently modified in a mannerthat causes an effect to the listed species that was notconsidered in the biological opinion; ord) If a new species is listed or critical habitat designated thatmay be affected by the identified action." (50 CFR 402.16)When a species has been proposed for listing or an area has been proposed fordesignation as critical habitat, a similar procedure, known as conference, isrequired. A conference results in an advisory report to the action agency, butdoes not provide an opinion regarding the likelihood of violation of section 7.The FWS also enforces the Endangered Species Act's taking prohibitions andparticipates in conservation planning. Development of a conservation plan76