The following definitions apply to terms used in this subchapter.

Act means the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531, et seq.

Agency action means all actions of any kind authorized, funded or carried out, in whole or in part by Federal agencies, including, in the instance of an application for a permit or license, the underlying activity for which the permit or license is sought.

Alternative courses of action means all reasonable and prudent alternatives, including both no action and alternatives extending beyond original project objectives and acting agency jurisidiction.

Benefits means all benefits of an agency action, both tangible and intangible, including but not limited to economic, environmental and cultural benefits.

Biological assessment means the report prepared pursuant to section 7(c) of the Act, 16 U.S.C. 1536(c).

Biological opinion means the written statement prepared pursuant to section 7(b) of the Act, 16 U.S.C. 1536(b).

Chairman means the Chairman of the Endangered Species Committee, who is the Secretary of the Interior.

Committee means the Endangered Species Committee established pursuant to section 7(e) of the Act, 16 U.S.C. 1536(e).

Critical habitat refers to those areas listed as Critical Habitat in 50 CFR parts 17 and 226.

Destruction or adverse modification is defined at 50 CFR 402.02.

Federal agency means any department, agency or instrumentality of the United States.

Irreversible or irretrievable commitment of resources means any commitment of resources which has the effect of foreclosing the formulation or implementation of any reasonable or prudent alternatives which would not violate section 7(a)(2) of the Act.

Jeopardize the continued existence of is defined at 50 CFR 402.02.

Mitigation and enhancement measures means measures, including live propagation, tranplantation, and habitat acquisition and improvement, necessary and appropriate (a) to minimize the adverse effects of a proposed action on listed species or their critical habitats and/or (b) to improve the conservation status of the species beyond that which would occur without the action. The measures must be likely to protect the listed species or the critical habitat, and be reasonable in their cost, the availability of the technology required to make them effective, and other considerations deemed relevant by the Committee.

Permit or license applicant means any person whose application to an agency for a permit or license has been denied primarily because of the application of section 7(a)(2) of the Act, 16 U.S.C. 1536(a)(2).

Person means an individual, corporation, partnership, trust, association, or any other private entity, or any public body or officer, employee, agent, department, or instrumentality of the Federal government, of any State or political subdivision thereof, or of any foreign government.

Proposed action means the action proposed by the Federal agency or by a permit or license applicant, for which exemption is sought.

Secretary means the Secretary of the Interior or the Secretary of Commerce, or his or her delegate, depending upon which Secretary has responsibility for the affected species as determined pursuant to 50 CFR 402.01.

Service means the United States Fish and Wildlife Service or the National Marine Fisheries Service, as appropriate.

To the extent that such information is available to the applicant means all pertinent information the applicant has on the subject matter at the time the application is submitted, and all other pertinent information obtainable from the appropriate Federal agency pursuant to a Freedom of Information Act request.

[50 FR 8126, Feb. 28, 1985]