reviewed for Section 7 compliance and necessary consultation must be conducted 

 pursuant to these requirements. There are endangered species specialists 

 within each Region to assist. There is a form, a procedure, and a format to 

 follow. The Director has determined that he will sign these intraservice 

 consultations. Biological opinions will be formal. There will be no in-house 

 relaxation just because a colleague is preparing the biological opinion. FWS 

 activities must be reviewed as provided by the guidelines and the recommended 

 biological opinion has to go to the Director for review and concurrence. 



The regulations on Section 7 are being redrafted now. They have to be 

 amended to some extent to incorporate the exemption criteria that were decreed 

 by the 1978 amendments" to the Endangered Species Act. There are interim 

 guidelines and regulations dated 22 January 1979, that are available to assist 

 FWS personnel in fulfilling their Section 7 obligations. 



USE OF BIOLOGICAL STUDIES 



Often a better understanding of the impact of a spill on listed species 

 or their critical habitat is needed, and can be obtained only by conducting 

 biological studies. The results of these biological studies should be for- 

 warded to the Regional Office and then to Washington. In this way we can com- 

 pile all the information that we are gathering and use it to avoid adverse 

 effects in the future, correctly respond to inquiries concerning spills in 

 sensitive areas, and better assist in cleanup activities. 



COMPLIANCE PROBLEMS 



Species Protection and Protection Recommendation 



The biggest problem in pollution response as it relates to the Endangered 

 Species Act is being responsible for recommending procedures for the protec- 

 tion of the listed species and their habitats. You have to know where they 

 are and that requires \zery close communication with the On-Scene Coordinator 

 (OSC) and the establishment of rapport with volunteers who are able and eli- 

 gible to work with listed species and their habitats. Also, communications 

 among your own staff and with our endangered species specialists in each area 

 are vital . 



Binding Advice 



In the 1979 proposed revisions of the National Oil and Hazardous Sub- 

 stances Pollution Contingency Spill Plan, Section 1510. 36A3, there is one 

 sentence which says that advice provided by the FWS or by the NMFS on cleanup 

 actions that may affect endangered species shall be considered at all times 

 and shall be binding on the OSC, unless in his judgment actions contrary to 

 this advice must be taken to protect human life. It appears to illustrate 

 serious concern about operating within the confines and the constraints of 



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