2004 BIOP, supra note 45, at 4-17, 4-21 (noting, however, that the
172) 1995 BIOP, supra note 114, at 13 (proposing that NOAA would
176) See 1995 BIOP, supra note 114, at 1 (describing incorporation
2000 BIOP, supra note 8, at 1-7 to 1-8 (listing salmon considered during
322) Several other BiOps had reached the opposite conclusion, including the GOA BiOp produced eight months earlier.
176) However, the dam operations prescribed by BiOps have not
subject to section 7 consultation, which results in BiOps on hydropower
repeatedly challenged NOAA's BiOps as violating the ESA, and they
in the 2004 BiOp was unlike that in its earlier BiOps because the agency
Since approval of the NFP, roughly 300 BiOps have permitted 1080 incidental takes of spotted owls and the degradation or removal of 82,000 acres of critical habitat.
In this case, the BiOps relied primarily on the NFP to support the "no jeopardy" conclusions.
In addition, Task Force asserted the BiOps did not sufficiently explain how past changes to the environmental baseline and potential future projects justify the no jeopardy conclusion.