Myth: The administration is violating the Endangered Species
Act by changing the consultation process [Atlanta Journal-Constitution and
others]
Reality: The Act does not define consultation or what triggers
it. Congress left the crafting of the consultation process to the executive
branch. The proposed regulations provide clarity to federal agencies as to
when and how they are required to enter into a consultation with the U.S.
Fish and Wildlife Service or NOAA Fisheries.
Myth: The proposal would end the consultation process under
the Endangered Species Act. [New York Times and others] The
proposal would virtually eliminate the independent scientific evaluation of
the environmental impact of federal actions [Time]
Reality: Federal agencies would continue to be required
to consult with the Fish and Wildlife Service and NOAA Fisheries if their
intended actions are expected to harass or harm a listed species. The proposed
regulations clarify that agencies do not have to consult if their actions
have no effect, an insignificant effect, a beneficial effect or an indeterminable
effect on a listed species or its critical habitat.
For example, if an agency decides to build a fish ladder to allow listed
species to get by a dam so that they can spawn upstream, and the construction
and operation of the ladder is not anticipated to result in take or have an
adverse affect on critical habitat, consultation would not be necessary.
Decisions about how and when to consult have always been made by the action
agencies, and they have to defend those decisions. None of that would
change under this rule. more 
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