Nebraska Administrative Code › Topic - GAME AND PARKS COMMISSION › Title 163 - Nebraska Game and Parks Commission › Chapter 4 - Wildlife Regulations › Section 163-4-012 - Threatened and Endangered Species Consultation

Current through June 17, 2024
The following regulations are prescribed by the Game and
				  Parks Commission, State of Nebraska in accordance with 37-301, 37-701, 37-801
				  through 37-810, R.R.S. 1998, 37-314, R.R.S. 1999. For purposes of these
				  regulations, unless context otherwise requires, the definitions found in
				  Chapter 37, sections 202 through 247 of the Game Law, are used. These
				  regulations are effective following enactment by the Commission, approval by
				  the Attorney General and Governor, and when five days have elapsed since filing
				  with the Secretary of State.
Rules related to the process of consultation between State
				  agencies and departments and the Game and Parks Commission involving the
				  effects of state actions on endangered and threatened species.
012.01 DEFINITIONS
012.01A Informal consultation - includes all
				contacts, correspondence, or discussions between the State agency or department
				and the Commission prior to formal consultation. This may involve, but is not
				limited to, the listed species (distribution, occurrence, habitat of listed
				species), the biological assessment, discussions on state actions or projects
				and their possible impacts on listed species.
012.01B Formal consultation - part of the
				consultation process which the State agency or department initiates after it is
				determined that its action may affect listed species or critical habitat. The
				formal consultation stage is initiated by a written request either from the
				State agency or department to the Commission or by written request from the
				Commission to the State agency or department, and results in a biological
				opinion written by the Commission.
012.01C Action - all activities, directly or
				indirectly causing modifications to land, water, or air, that are authorized,
				funded, or carried out, in whole or in part, by State agencies or departments
				that may affect listed species or their critical habitat.
012.01D Cumulative effects - direct and
				indirect effects of the State action under consideration together with the
				identifiable effects of actions that are interrelated or interdependent with
				the action. Indirect effects are those that are caused by the action and are
				later in time or farther in distance, but are still reasonably foreseeable.
				Interrelated actions are those that are part of a larger action. Interdependent
				actions are those that have no independent utility apart from the
				action.
012.01E Destruction or
				modification - a direct or indirect alteration of critical habitat which
				appreciably diminishes the value of that habitat for the survival or recovery
				of a listed species. Such alterations include, but are not limited to,
				alterations adversely modifying any of those physical or biological features
				that were the basis for determining the habitat to be critical.
012.01F Jeopardize the continued existence of
				- to engage in an action which reasonably would be expected, directly or
				indirectly, to reduce appreciably the likelihood of the survival or recovery of
				listed species within the State of Nebraska by reducing the reproduction,
				numbers, or distribution of a listed species or otherwise impacting the
				species.
012.01G Listed species -
				any species of wildlife which has been determined by the Commission to be
				endangered or threatened as defined in section
				37-802
				and under authority of section
				37-806
				of the Nongame and Endangered Species Conservation Act.
012.01H Proposed species - any species of
				wildlife that is proposed to be listed by the Commission under authority of
				section
				37-806.
012.01I Reasonable and prudent alternatives
				by the Commission - refers to alternative actions that can be implemented in a
				manner consistent with the intended primary purpose of the action and which the
				Commission believes would avoid the likelihood of jeopardizing the continued
				existence of listed species and prevent the destruction or modification of
				critical habitat.
012.01J Critical
				habitat - any air, land, or water area (exclusive of those existing man-made
				structures or settlements which are not necessary to the survival and recovery
				of a listed species), the loss of which would appreciably decrease the
				likelihood of the survival and recovery of a listed species or a distinct
				segment of its population. Critical habitat may represent any portion of the
				present habitat of a listed species and may include additional areas for
				reasonable population expansion. Before designating any area as critical
				habitat, the Commission would (1) provide a review period for comments from
				State agencies and departments and (2) conduct a public hearing.
012.01K Proposed critical habitat - means
				habitat proposed to be designated for any listed or proposed species by the
				Commission under section
				37-806.
012.01L Biological opinion - a written report
				prepared by the Commission concluding whether an action will jeopardize the
				continued existence of a listed species or result in the destruction or
				modification of critical habitat. Included would be reasonable and prudent
				alternatives, if any, to an action that would jeopardize the continued
				existence of listed species or result in the destruction or modification of its
				critical habitat.
012.01M
				Biological assessment - an investigation conducted by a State agency or
				department resulting in a written report that identifies listed species
				occurring in the area of proposed action and contains specific information
				describing a proposed project, its location and purpose, and data addressing
				possible impacts to listed species.