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Endangered Species Act (ESA) Section 7(a)(2) Biological Opinion Gustavus Ferry Terminal Development in Gustavus, Alaska Issuance of Incidental Harassment Authorization under 101(a)(5)(D) of the Marine Mammal Protection Act to the Alaska Department of Transportation and Public Facilities (ADOT&PF)
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    Section 7(a)(2) of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. § 1536(a)(2)) requires each Federal agency to insure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of critical habitat of such species. When a Federal agency’s action “may affect” a protected species or critical habitat, that agency is required to consult with the National Marine Fisheries Service (NMFS) or the U.S. Fish and Wildlife Service (USFWS), depending upon the endangered species, threatened species, or designated critical habitat that may be affected by the action (50 CFR § 402.14(a)). Federal agencies are exempt from this general requirement if they conclude that an action may affect but “is not likely to adversely affect” endangered species, threatened species, or designated critical habitat, and NMFS or the USFWS concurs with that conclusion (50 CFR § 402.14(b)).
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