An application for an exemption shall be considered initially by the Secretary in the manner provided for in this subsection, and shall be considered by the Committee for a final determination under subsection (h) after a report is made pursuant to paragraph (5). (3) The Committee shall be composed of seven members as follows: (A) The Secretary of Agriculture. The Services propose important modifications to their regulations governing Section 4 of the ESA. The benefit is for people who have a health condition or disability which limits their capability to work. (6) Upon request of the Committee, the head of any Federal agency is authorized to detail, on a nonreimbursable basis, any of the personnel of such agency to the Committee to assist it in carrying out its duties under this section. 18 See Appendix L of the Opinion for more information. Determination of endangered species and threatened species, Sec. The proposed regulations would not change permitting pursuant to 50 CFR 17.32. 7. NMFS (collectively referred to as the Services) revised the regulations at 50 C.F.R. Under Section 7 of the Endangered Species Act, federal agencies must consult with NOAA Fisheries on activities that may affect ESA-listed species. Section 7 of the ESA requires Federal agencies to use their legal authorities to promote the conservation purposes of the ESA and to consult with the USFWS and NMFS, as appropriate, to ensure that effects of actions they authorize, fund, or carry out are not likely to jeopardize the … Such assessment shall be completed within 180 days after the date on which initiated (or within such other period as is mutually agreed to by the Secretary and such agency, except that if a permit or license applicant is involved, the 180-day period may not be extended unless such agency provides the applicant, before the close of such period, with a written statement setting forth the estimated length of the proposed extension and the reasons therefor) and, before any contract for construction is entered into and before construction is begun with respect to such action. View a brief presentation about this section of the Act, or download the transcript or audio. (B) The Secretary of the Army. (e)(1) ESTABLISHMENT OF COMMITTEE.—There is established a committee to be known as the Endangered Species Committee (hereinafter in this section referred to as the “Committee”). Such assessment may be undertaken as part of a Federal agency’s compliance with the requirements of section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. For the best experience, please use a modern browser such as Chrome, Firefox, or Edge. Fish and Wildlife Service (Service) when any action the agency carries out, funds, or authorizes (such as through a permit) may affect a listed endangered or threatened species. Where appropriate, these Opinions provide an exemption for the “take” of listed species (e.g., harassment, harm, pursuit, hunting, shooting, wounding, killing, trapping, capturing, or collecting) while specifying the extent of take allowed, the reasonable and prudent measures that would minimize impacts from the federal action, and the terms and conditions with which the federal action agency must comply. (2) The Committee shall review any application submitted to it pursuant to this section and determine in accordance with subsection (h) of this section whether or not to grant an exemption from the requirements of subsection (a)(2) of this section for the action set forth in such application. (2)(A) Except as provided in subparagraph (B), an exemption for an agency action granted under paragraph (1) shall constitute a permanent exemption with respect to all endangered or threatened species for the purposes of completing such agency action— (i) regardless whether the species was identified in the biological assessment; and (ii) only if a biological assessment has been conducted under subsection (c) with respect to such agency action. (3) Subject to such guidelines as the Secretary may establish, a Federal agency shall consult with the Secretary on any prospective agency action at the request of, and in cooperation with, the prospective permit or license applicant if the applicant has reason to believe that an endangered species or a threatened species may be present in the area affected by his project and that implementation of such action will likely affect such species. Is for people who have a health condition or disability which limits their capability to work ) a! 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