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How will the designation of critical habitat affect activities for which a party has already consulted with the Service under section 7 of the Act?

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How will the designation of critical habitat affect activities for which a party has already consulted with the Service under section 7 of the Act?

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Federal regulations require agencies to reinitiate consultation with the Service on previously reviewed actions if critical habitat is designated after the initial consultation and if those actions may affect critical habitat. This applies only if those agencies have retained some type of involvement or control over the action, or if such involvement is authorized by law. It is highly unlikely that an activity that was reviewed and permitted by the Service under section 7 of the Act prior to the designation of critical habitat will be changed because critical habitat is now designated for the area. When reviewing projects under section 7, we must determine if the proposed action will “jeopardize the continued existence” of a species by asking the question “will the project appreciably reduce the likelihood of the species’ survival and recovery?” A project that will “destroy or adversely modify” critical habitat is one that will appreciably reduce the value of critical habitat for the s

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