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Biological Opinions
Section 7 Consultation
If a Federal agency believes that its project will adversely affect a listed species, the agency will request a Formal Consultation under Section 7 of the Endangered Species Act of 1973. See our Consultation page for more about consultations, including information about non-Federal projects.
Biological Opinion
After the formal consultation, we write a Biological Opinion. This document states our opinion on whether the project is likely to jeopardize a listed species or destroy or adversely modify a listed species' critical habitat.
Biological Conclusion
We nearly always determine that projects will not jeopardize a species or destroy or adversely modify critical habitat. These are called Non-Jeopardy determinations.
When we make a non-jeopardy determination, we advise the action agency of Reasonable and Prudent Measures we believe are necessary and appropriate to minimize the effect of the project.
We also set Terms and Conditions that the agency must follow. If they follow the terms and conditions, the adverse affect that their project causes to species is allowed.
The biological opinion includes an Incidental Take Statement that spells out how much "take" is allowed. Take includes more than just killing listed species. It includes harassing, pursuing, capturing or otherwise harming them. It also include habitat modification or degradation.
Once in a while, we determine that a project is likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat. These are called Jeopardy determinations. Usually, we will offer Reasonable and Prudent Alternatives the agency can follow to avoid jeopardy.
Contact Us
Four geographic branches of our office do section 7 consultations.
Find the appropriate branch for your project on our Contact Number page or call our main number:
(916) 414-6600.
OCAP Delta Smelt BO
On February 24, 2005, this office issued a biological opinion to the U.S. Bureau of Reclamation on the Long-Term Operational Criteria and Plan (OCAP) for coordination of the Central Valley Project and State Water Project. (PDF)
Cover Letter | Pages 1-75 | Pages 76-150 | Pages 150-232
The Service is preparing a new biological opinion to comply with a finding by the U.S. District Court (Judge Wanger) that the "OCAP BO is unlawful and inadequate," in part because it "does not provide a reasonable degree of certainty that mitigation measures will take place." Court Finding of Fact.
On Dec. 14, 2007, Judge Wanger issued an interim order directing potential pumping limits and other actions to protect the delta smelt until the new BO is completed. Judge Wanger directed the Service to complete the new BO by Sept. 15, 2008.
Last updated: January 11, 2008
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