What happens if a project is reviewed as part of a reinitiation of consultation and the Service determines it will adversely modify critical habitat?
A. It is highly unlikely that any 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 proposed 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 significantly reduce the likelihood of the species survival and recovery?” A project that will “destroy or adversely modify” critical habitat is one that will significantly reduce the value of critical habitat for the survival and recovery of the species. Regardless of whether critical habitat has been designated, we must still consider the effect a project may have on the continued existence or recovery of a listed species.
