Consultation and Technical Assistance ProgramSection 7 Consultation Section 7 of the Endangered Species Act (Act) outlines the procedures for Federal interagency cooperation to conserve federally listed species and designated critical habitat. Section 7(a)(1) directs all Federal agencies to utilize their authorities in furtherance of the purposes of the Act by carrying out programs for the conservation of species and designated critical habitat. Section 7(a)(2) states that each Federal agency shall insure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat. Step 1: How to Determine if Listed Species or Critical Habitat is Within the Project Area The Federal agency, or designated applicant, should contact the Pacific Islands Fish and Wildlife office, in writing, to determine if listed species or critical habitat is present within the project area. We respond by providing a list of species or critical habitat units that are known to occur or may occur in the vicinity if the project. If there are no species or critical habitat units in the action area, then no further consultation is required. Flow Chart: Section 7 Consultation for Action Agencies (pdf 34K) Step 2: Listed Species or Critical Habitat is Found within the Project Area - Informal Consultaiton If listed species or critical habitat units are present, the Federal agency must determine if the proposed action may affect them. If the determination is yes, there is a risk to listed species or critical habitat, then we enter into informal consultation. Informal consultation is an opportunity for us to work with the Federal agency to evaluate the project and offer our expertise. If effect of the action is discountable, insignificant, or beneficial, then the correct determination is “may affect, but is not likely to adversely affect.” If after review we agree with the Federal agency’s determination, we provide our concurrence in writing and no further consultation is required. If there is a potential to adversely affect a listed species or critical habitat, then formal consultation is triggered. Step 3: The Project May Adversely Affect Listed Species or Critical Habitat - Formal Consultation If the Federal agency determines the action is “likely to adversely affect” listed species, then they must request initiation of formal consultation. This request is made in writing to the Service. A complete initiation package includes a description of the action being considered; a description of the specific area that may be affected by the action; a description of any listed species or critical habitat that may be affected by the action; a description of the manner in which the action may affect any listed species or critical habitat, and an analysis of any cumulative effects; relevant reports, including any environmental impact statements, environmental assessments, biological assessment or other analyses prepared on the proposal; and any other relevant studies or other information available on the action, the affected listed species, or critical habitat. Template for Biological Assessments/Biological Evaluations http://www.fws.gov/endangered/consultations/s7hndbk/s7hndbk.htm Frequently Asked Questions http://www.fws.gov/endangered/consultations/sec7_faq.html For more information:
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