Does an agency have to consult on a species that is protected due to similarity of appearance?
Regulations at 50 CFR §17.42 include special regulations for species protected due to similarity of appearance. Some of these species have rules regarding incidental take (e.g., some rules specify that incidental take is not prohibited for certain species, while other rules specify that incidental take is prohibited). Federal agencies are not responsible for fulfilling the requirements of section 7 with respect to actions that may affect species protected due to similarity of appearance; however, if their actions may result in the take of such species and no special rule addressing this circumstance exists, they must apply for a take permit in accordance with regulations at 50 CFR §17.52.
