ESA Section 7 Process. The Parties recognize that the United States has obligations under the Endangered Species Act (ESA) that will require the National Marine Fisheries Service (NOAA Fisheries), United States Fish and Wildlife Service (USFWS), and Bureau of Indian Affairs (BIA) to consult on some of the actions set out in this Agreement. NOAA Fisheries is expected to complete a biological opinion on the joint fishery proposal contained in the Agreement and further described in a biological assessment to be prepared by the Technical Advisory Committee. In Part III and Tables B1-B7 of this Agreement, the Parties have identified certain production programs which will be used to support the joint fishery proposal and support the intent of the Parties to not impede and in some cases contribute to ESA recovery. NOAA Fisheries, USFWS and the BIA will continue to review the production programs contained in this Agreement and undertake ESA consultations as appropriate. The Parties may request modifications to the schedule to give priority to those consultations that the Parties deem to be of greatest urgency. NOAA Fisheries, USFWS and the BIA agree to use their best efforts to accommodate such requests. The Parties recognize that NOAA may recommend modifications to the production actions in this Agreement based on the results of these consultations. In the event that any of the production programs set forth in this Agreement are affected by NOAA’s recommendations in a manner that would affect the joint fishery proposal, the Parties agree to meet and discuss the resulting impacts on the valuable exchange of consideration reflected in this Agreement. The Parties agree to make a good faith effort to work collaboratively on any necessary modification to this Agreement. In so doing, the concerns and needs of all Parties will be accounted for to the extent possible. Should the Parties agree to modify any of the production programs in this Agreement, the Parties will monitor and evaluate the effects of such modifications on adult returns and fishery opportunities.
