FEDERAL AGENCY CONSULTATION

North Fork Flathead River, Photo by Wade Fredenberg, U.S. FWS

Federal agencies are required to consult with the Service on actions they carry out, fund or authorize that might affect critical habitat. It is important to note that in most cases this is already occurring under the Section 7 interagency consultation requirements of the Endangered Species Act.

Non-federal entities, including private landowners, that may also be affected could include, for example, those seeking a U.S. Army Corps of Engineers 404 permit under the Clean Water Act to build an in-water structure; those seeking federal approval to discharge effluent into the aquatic environment; or those seeking federal funding to implement land management practices where such actions affect the aquatic environment that has been designated as critical habitat. But again, in most cases where this link exists between activities on non-federal lands and federal funding, permitting, or authorization, consultation under Section 7 of the Endangered Species Act is already occurring in areas where bull trout are found.

A critical habitat designation signals that an area is important to the conservation and recovery of a species and may inform federal, state, tribal and local land-use planning decisions. Critical habitat receives protection under Section 7 of the Endangered Species Act through the prohibition against destruction or adverse modification of critical habitat with regard to actions carried out, funded or authorized by a federal agency or occurring on federal land.

Consultation under Section 7 of the Act does not apply to activities on private or other non-federal lands that do not involve a federal nexus such as funding or permits.

Additional Section 7 Consultation Information

Questions and Answers Regarding the 2010 Designation of Bull Trout Critical Habitat

Contact your local Service office for more information:
Pacific Regional Office/Region 1 FWS, Portland, Oregon, 503-231-2011; 208-378-5293
Idaho Fish and Wildlife Office, Boise, Idaho, 208-378-5243
Washington Fish and Wildlife Office, Lacey, Washington, 360-753-9542  
Vancouver Fisheries Research Office, Vancouver, Washington,
Oregon Fish and Wildlife Office, Portland, Oregon, 503-231-6179
Montana Fish and Wildlife Service/Region 6 FWS, Helena, Montana, 406-758-6872
Klamath Falls Fish and Wildlife Service/Region 8 FWS, 541-885-8481
Nevada Fish and Wildlife Service/Region 8 FWS, Reno, Nevada, 775-861-6328