Although the ILP does not specify an exact time, the licensee must consult early with FWS or NMFS, as appropriate, to determine whether any listed species or its critical habitat, or any species proposed for listing, under the ESA, may occur in the project area.1 (See Section 2.3.4(F)). The PAD must include any existing information, and it also will serve as the starting point for development of a survey or any other study necessary to resolve whether a listed species may be present or how the project may affect such species or habitat.
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16 U.S.C. ยง 1536(a). Threatened and endangered species are treated the same under ESA section 7. See id.
 | 4.2.11 Study Dispute | Page 68 of 143 | 4.2.3 Notice of Commencement |  |
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