EP 1130-2-540
15 Nov 96
(5) Consultation and Conference Requirements and Procedures. Conference and
consultation are processes by which interagency (Corps and FWS/NMFS) cooperation is achieved
pursuant to Section 7 of the Endangered Species Act. The Corps will confer with the
FWS/NMFS on actions that may affect proposed species, or habitat proposed for designation as
critical. The Corps will consult with FWS/NMFS on any natural resources management action
that may affect a federally-listed species or its designated critical habitat. The procedures for
carrying out this consultation or conferencing are contained in 50 CFR Part 402, and are required
by Section 7 of the Endangered Species Act. A permit shall be obtained from the FWS/NMFS for
any action taken for scientific purposes or to enhance the propagation or survival of the affected
species.
(6) Recovery Requirements and Procedures. The development and implementation of
progressive programs for the conservation and management of fish and wildlife resources on
Corps project lands has long been a requirement. A component of this requirement is the Corps'
participation in the development and implementation of effective recovery plans for federally-
listed endangered and threatened species. The recovery of Federally-listed endangered and
threatened species is necessary to reverse the decline of each listed species and ensure its long-
term survival. When this goal is met, the FWS/NMFS can take steps to delist the species. The
recovery effort requires a long-term commitment of the Corps.
(a) Identify Corps Projects Targeted for Recovery Efforts. Within the FWS, regional
directors are responsible for implementing recovery plans for species that occur in their regions.
The FWS designates a lead Region to coordinate recovery activities for species which occur in
more than one Region. Within the NMFS, the Office of Protected Resources and the appropriate
NMFS regional office(s) coordinate recovery plan implementation. FWS/NMFS regional offices
will be contacted to determine which existing recovery plans, or recovery plans under
development, target Corps project lands and waters in the recovery effort. Copies of applicable
plans will be obtained for review.
(b) Review Applicable Recovery Plans. Recovery plans delineate site-specific actions
which are believed by the FWS/NMFS to be required to recover and/or protect a species.
Recovery plans do not necessarily represent the views nor the official positions or approvals of
any agencies other than the FWS. Approved recovery plans are subject to modification as
dictated by new findings, changes in species status, and the completion of recovery tasks. An
assessment will be made of the needed Corps natural resource management actions identified in
each applicable recovery plan. A determination will be made of the reasonableness of each action.
Alternative designs will be developed and evaluated for major cost items prior to Corps
acceptance of the item. Those actions found unreasonable will be brought to the attention of the
FWS/NMFS for resolution.
(c) Determine Recovery Priorities. The FWS has a recovery activity priority system
based upon the degree of threat confronting the species, recovery potential, genetic
distinctiveness, and conflict with economic activities. The system ranks the tasks within each
species' plan. A priority 1 task is an action that must be taken to prevent extinction or to prevent
the species from declining irreversibly in the foreseeable future. A priority 2 task is an action that
must be taken to prevent a significant decline in a species population/habitat quality, or some
other significant negative impact short of extinction. A priority 3 task is any other action
necessary to provide for full recovery of the species. The NMFS system is modeled after the
FWS system and differs in only a few respects. The primary difference is that the NMFS system
does not take taxonomy into account. An assessment will be made of the prioritization of natural
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