Section 4(b)(1)(A) states, “The Secretary shall make determinations…solely on the basis of the best scientific and commercial data available…after conducting a review of the status of the species and after taking into account those efforts…”

Section 7(a)(2) states, “Each Federal agency shall…insure that any action authorized, funded, or carried out…is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species...In fulfilling the requirements of this paragraph each agency shall use the best scientific and commercial data available.”