7 Requires Federal agencies to ensure, through a consultation process, that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of listed species or result in the destruction or adverse modification of their critical habitat. Section 7's requirement that Federal agencies refrain from actions that are likely to jeopardize the continued existence of listed species is often referred to as the jeopardy standard. HCD develops biological opinions in the course of these consultations. Take is broadly defined to include actions that kill, injure, harm, or harass a listed species, modify its habitat, or disrupt its behavior. Harm is an act that either kills or injures a listed species.
Habitat degradation can cause take through either the harm or harass pathways outlined above.
Certainly, any act causing habitat degradation that actually kills or injures listed salmon is take. 10 Provides for permits and exemptions for otherwise prohibited activities. It includes authority for NMFS to permit incidental taking when it is the result of carrying out an otherwise lawful activity. In order to hold such a permit, an applicant must develop and implement a conservation plan that meets stringent requirements. 11 Penalties for violations.