Page "Endangered Species Act" Paragraph 87

The question to be answered is whether a listed species will be harmed by the action and, if so, how the harm can be minimized.

If harm cannot be avoided, the project agency can seek an exemption from the Endangered Species Committee, an ad hoc panel composed of members from the executive branch and at least one appointee from the state where the project is to occur.

Five of the seven committee members must vote for the exemption to allow taking ( to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or significant habitat modification, or to attempt to engage in any such conduct ) of listed species.