Endangered Species Act--Section 7 Consultation Biological Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation. Eastside Township Fuels Project, American River, 1706030505, Idaho County, Idaho

摘要

The biological opinion (Opinion) and incidental take statement portions of this consultation were prepared by the National Marine Fisheries Service (NMFS) in accordance with section 7(b) of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531, et seq.), and implementing regulations at 50 CFR 402. However, consistent with a decision rendered by the Ninth Circuit Court of Appeals on August 6, 2004, we did not apply the regulatory definition of 'destruction or adverse modification of critical habitat' at 50 CFR 402.02 to complete the following analysis with respect to critical habitat, and instead relied on statutory provisions of the ESA. The essential fish habitat (EFH) consultation was prepared in accordance with section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) (16 U.S.C. 1801, et seq.) and implementing regulations at 50 CFR 600. The administrative record for this consultation is on file at the Idaho State Habitat Office.