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HABITAT CONSERVATION PLAN Edwards Aquifer Recovery Implementation Program <br />4. An established permit duration; and <br />5. Opportunities for public participation. <br />(65 FR at 35,250-56). <br />1.5.3.3 Section 7 <br />Issuance of an ITP is a federal action subject to Section 7 of the ESA. Section 7(a)(2) requires <br />all federal agencies, in consultation with the USFWS <br />endangered or threatened species or r <br />designated critical habitat. <br />The ESA describes Critical Habitat as those areas which contain the physical or biological <br />features (1) essential to the conservation of the species and (2) which may require special <br />management considerations or protection. (16 U.S.C. § 1532(5)(A)(i)). USFWS regulations <br />identify of criti <br />conservation of the species, esting grounds, spawning sites, feeding <br />sites, seasonal wetland or dryland, water quality or quantity, host species or plant pollinator, <br /> (50 C.F.R. § 424.12). <br />Although the HCP does not cover actions with a federal nexus, Section 7 and its regulations <br />require several considerations in the HCP process, including an analysis of indirect effects, <br />effects on federally-listed plants, and effects on Critical Habitat. The results of the Section 7 <br />consultation are documented in Biological Opinions developed by the USFWS. A Biological <br />Opinion is generally produced near the end of the ESA permitting process to document <br />conclusions regarding the likelihood of jeopardizing the continued existence of, or destroying or <br />adversely modifying designated Critical Habitat for, any listed species. <br />1.5.4 Texas Parks and Wildlife Code <br />1.5.4.1 Chapter 88 <br />Texas wild-rice is listed as an endangered plant by the Texas Parks and Wildlife Department <br />(TPWD). (TPW Code § 88.003.) No person may take for commercial sale, possess for <br />commercial sale, or sell all or part of an endangered plant from public land; these actions are <br />also prohibited on private land unless authorized by a permit issued by TPWD. (TPW Code <br />§88.008.) Endangered plants may be taken from public lands by qualified persons for <br />propagation, education, or scientific study under a collection permit issued by TPWD. (Id.; <br />Texas Administrative Code, Chapter 31, § 69.1; see also TPW Code § 88.001 (defining <br /> <br />1.5.4.2 Chapter 81 <br /> <br />1-14 <br /> <br />