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.
What is the primary consideration for determining if projects may be carried out in areas with endangered species? If a species may be harmed, who holds final say on whether the project may proceed? How many members are on the ad hoc panel that allows project exemptions for cases where a species may harmed? How many votes must be in favor of the exemption in order to award the exemption? What is one specific requirement regarding the make-up of the exmeption panel?