| ENDANGERED SPECIES ACT COMPLIANCE
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| Requirement |
Description |
Authority
CFR, RCW, WAC |
Additional Information |
MDL No. |
| Conduct Studies/Surveys
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If the Services respond that protected species or habitat are known or likely to occur in the project action area, the State DOT has the option of entering informal consultation or directly requesting formal consultation. The process of informal consultation is optional and is described in 50 CFR § 402, Interagency Cooperation-Endangered Species Act of 1973, as Amended, Subpart B, Consultation Procedures. The endangered species analysis should be appropriate to the scope of the project. It may be prepared as a BE or a BA in the case of an EIS. A distinction is made between the process for submitting a BA (which occurs in accordance with Part 50 CFR § 402.12 for EIS projects) and the preparation of a BE (which is developed during informal consultation and may be used to initiate formal consultation for EAs and CEs).
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ESA Part 402.13; ESA Part 402.12 (e)
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If the Federal Agency does not begin preparation of the BA within 90 days of receipt of (or concurrence with) the species list, the Federal agency must verify with the Service the current accuracy of the species list at the time the preparation of the BA is begun.
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