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Administrative Draft Environmental Impact Report Gill Medical Center Project species. Section 10 of federal ESA provides for the issuance of incidental take permits where no other federal actions are necessary provided a habitat conservation plan is developed. Section 7 Consultation Section 7 of the federal ESA mandates that all federal agencies consult with USFWS and/or NMFS to ensure that federal agencies' actions do not jeopardize the continued existence of a listed species or adversely modify critical habitat for listed species. If direct and/or indirect effects will occur to critical habitat that appreciably diminish the value of critical habitat for both the survival and recovery of a species, the adverse modifications will require formal consultation with USFWS or NMFS. If adverse effects are likely, the federal lead agency must prepare a biological assessment (BA) for the purpose of analyzing the potential effects of the proposed Project on listed species and critical habitat to establish and justify an "effect determination." Often a third-party, non-federal applicant drafts the BA for the lead federal agencies. The USFWS/NMFS reviews the BA; if it concludes that the Project may adversely affect a listed species or its habitat, it prepares a BO.The BO may recommend "reasonable and prudent alternatives" to the project to avoid jeopardizing or adversely modifying habitat. Critical Habitat Critical Habitat is defined in Section 3 of the federal ESA as: 1. the specific areas within the geographical area occupied by a species, at the time it is listed in accordance with the federal ESA, on which are found those physical or biological features essential to the conservation of the species and that may require special management considerations or protection; and 2. specific areas outside the geographical area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. For inclusion in a Critical Habitat designation, habitat within the geographical area occupied by the species at the time it was listed must first have features essential to the conservation of the species (16 USC 1533). Critical Habitat designations identify, to the extent known and using the best scientific data available, habitat areas that provide essential life cycle needs of the species (areas on which are found the primary constituent elements). Primary constituent elements are the physical and biological features that are essential to the conservation of the species and that may require special management considerations or protection. These include but are not limited to the following: 1. Space for individual and population growth and for normal behavior. 2. Food,water, air, light, minerals, or other nutritional or physiological requirements. 3. Cover or shelter. 4. Sites for breeding, reproduction, or rearing (or development) of offspring. 5. Habitats that are protected from disturbance or are representative of the historic, geographical, and ecological distributions of a species. Biological Resources 4.6-25 October 2021