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2 



I would like to summarize the details of the opinion, how we 

 arrived at the conclusion and recommendations listed in the 

 document, and make some general comments on the section 7 

 consultation process. 



Section 7 of the ESA requires Federal agencies to consult with 

 NMFS on activities they authorize, fund, or carry out which may 

 affect marine species listed as threatened or endangered under 

 the law or any critical habitat of such a species. The action 

 agency (in this case the EPA and Corps) submits a report, called 

 a biological assessment, which describes the activity and 

 discusses all potential effects to endangered and threatened 

 species and their habitats. NMFS reviews the biological 

 assessment and the best available scientific and commercial data 

 and, if the action is determined to be likely to adversely affect 

 a listed species, NMFS prepares a biological opinion on the 

 effects of the proposed activity. Biological opinions represent 

 NMFS' opinion regarding whether proposed actions are likely to 

 jeopardize the continued existence of listed species. ESA 

 regulations (50 CFR 4 02.02) state that a finding of likely to 

 jeopardize the continued existence of a species requires evidence 

 that the action "...reasonably would be expected, directly or 

 indirectly, to reduce appreciably the likelihood of both the 

 survival and recovery of a listed species in the wild by reducing 

 the reproduction, numbers, or distribution of that species." 

 Reasonable and prudent alternatives to the proposed action are 



