CopyCited 36 times | Published | Court of Appeals for the Eleventh Circuit | 43 Envtl. L. Rep. (Envtl. Law Inst.) 20227, 2013 WL 5434774, 77 ERC (BNA) 1201, 2013 U.S. App. LEXIS 20029
...Navy’s decision to further “concentrate” training on the range results in some
changes to impacts on listed species, those impacts will be considered in the
already-planned future consultations before there will actually be any operations
resulting in impacts. See 50 C.F.R. § 402.16(c) (providing for reinitiation of
consultation if “the identified action is subsequently modified in a manner that
causes an effect to the listed species or critical habitat that was not considered in
the biological opinion”)....
...federal agency avoid jeopardy remains in force throughout the life of a project, and
the project must be abandoned or reasonable and prudent measures to avoid
jeopardy must be adopted, if later stages of a project result in jeopardy to listed
species. See 50 C.F.R. §§ 402.14(i)(4), 402.16(a)....
...species necessary to cause the Navy to reinitiate consultation with the NMFS. See
50 C.F.R. §§ 402.14(i)(4) (“If during the course of the action the amount or extent
of incidental taking . . . is exceeded, the Federal agency must reinitiate consultation
immediately.”), 402.16(a) (providing for same)....
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 2362240
...8
determines that the proposed action is likely to adversely affect a species, formal
consultation begins. Id. § 402.14. An agency must reinitiate consultation if new
information arises that was previously unexamined. Id. § 402.16.
BOEM consulted with NMFS and FWS in 2007 regarding Gulf of Mexico
lease sales under the 2007-2012 Multisale program....
...xtent not previously considered;
(c) If the identified action is subsequently modified in a manner that causes an affect
to the listed species or critical habitat that was not considered in the biological
opinion; or
50 C.F.R. § 402.16....
CopyCited 8 times | Published | District Court, M.D. Florida | 2000 U.S. Dist. LEXIS 20085, 2000 WL 1584848
...an extent not previously considered; c) the action is modified causing effects to the species or critical habitat not considered in the biological opinion; or d) a new species is listed or critical habitat designated that may be affected. 50 C.F.R. § 402.16....
...in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion; or (d) a new species is listed or critical habitat designated that may be affected by the identified action. See 50 C.F.R. § 402.16....
...This alleged new information includes 1) alleged permit violations; and 2) a new scientific study and nesting data collected after the permit was issued. [Sec.Amend.Compl. ¶¶ 52-54.] [26] Few cases inform the Court's decision on this point. Reinitiation of consultation under § 402.16 has been discussed in at least two decisions, the distinguishable facts of which provide little guidance here....
CopyCited 5 times | Published | District Court, S.D. Florida | 62 ERC (BNA) 1783, 2006 U.S. Dist. LEXIS 10595, 2006 WL 650694
...According to FWS consultation regulations, reinitiation of consultation is required "[i]f new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered." 50 C.F.R. § 402.16(b)....
CopyCited 4 times | Published | District Court, S.D. Florida | 2006 U.S. Dist. LEXIS 29941, 2006 WL 1343221
...arge of Section 7 of the ESA. The Federal Regulations state that "[r]einitiation of formal consultation is required and shall be requested by the Federal Agency or by the [U.S. Fish & Wildlife] Service . . ." if certain conditions are met. 50 C.F.R. § 402.16. The Federal Regulations further state that if the Corps fails in its obligation to reinitiate consultation, the Service "should send a letter clearly outlining the change in circumstances supporting the need for reinitiation." 50 C.F.R. § 402.16....
...chot Task Force v. U.S. Fish & Wildlife Serv.,
378 F.3d 1059, 1077 (9th Cir.2004) ("If the data is new and the new data may affect the jeopardy or critical habitat analysis, then the FWS was obligated to reinitiate consultation pursuant to 50 C.F.R. §
402.16")....
CopyCited 2 times | Published | District Court, M.D. Florida
...over the action has been retained or is authorized by law and: If the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion. 50 C.F.R. § 402.16 (c)....
...§ 402.14 (i), and that the agency comply with required terms and conditions of the ITS to minimize and mitigate take, 16 U.S.C. §§ 1536 (c)(2), 1536(b)(4). If the amount or extent of taking specified in the ITS is exceeded, re-initiation of formal consultation is required. 50 C.F.R. § 402.16 ....
CopyCited 2 times | Published | District Court, M.D. Florida | 2012 WL 2812309, 2012 U.S. Dist. LEXIS 94946
...over the action has been retained or is authorized by law and: If the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion. 50 C.F.R. § 402.16 (c)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 94005, 2007 WL 4527496
...te and Sparrow, is minimized. Id. at 79 ("Corps will continue to conduct interagency operational conference calls to coordinate and discuss operations that will minimize impacts on listed species"). Finally, the 2006 BO, in compliance with 50 C.F.R. § 402.16(a-d), also provides that reinitiation of consultation will occur if the circumstances change or the habitat benchmarks setting the incidental take are exceeded....
...In fulfilling the requirements of this paragraph each agency shall use the best scientific and commercial data available. Furthermore, reinitiation of consultation is required when new information or a greater adverse impact upon critical habitat or species is revealed. 50 C.F.R. § 402.16....
CopyCited 1 times | Published | District Court, M.D. Florida | 47 Envtl. L. Rep. (Envtl. Law Inst.) 20065, 2017 WL 1438238, 2017 U.S. Dist. LEXIS 61428
..., additional effects of the off-site staging *1307 .area on listed species. See AR 095040; FWS 006999. Reinitiation of consultation is required if new information reveals, or a project modification causes, effects that were not considered. 50 C.F.R. § 402.16 (b)(c)....
...lates the ESA. The Agencies must reinitiate formal consultation “where discretionary Federal involvement or control over the action has been retained or is authorized by law and... [i]f a new species is listed... that may be affected.” 50 C.F.R. § 402.16 (d)....
...ederal agencies in the United States or upon the high seas.” 50 C.F.R. § 402.02 . Consultation is reinitiated only where “discretionary Federal involvement or control over the action *1311 has been retained or is authorized by law.” 50 C.F.R. § 402.16 ....
CopyPublished | Court of Appeals for the Eleventh Circuit
...8
determines that the proposed action is likely to adversely affect a species, formal
consultation begins. Id. § 402.14. An agency must reinitiate consultation if new
information arises that was previously unexamined. Id. § 402.16.
BOEM consulted with NMFS and FWS in 2007 regarding Gulf of Mexico
lease sales under the 2007-2012 Multisale program....
...t not previously considered;
(c) If the identified action is subsequently modified in a manner that causes an affect
to the listed species or critical habitat that was not considered in the biological
opinion . . . .
50 C.F.R. § 402.16(b), (c)....
