Water Project Biological Opinions ("OCAP")

Consulting with water agencies about the delta smelt and its critical habitat is one of our office's primary duties.

To avoid jeopardizing listed species or adversely modifying their critical habitat, Federal agencies consult with the Fish & Wildlife Service or National Oceanic & Atmospheric Administration Fisheries Service under section 7 of the Endangered Species Act. (See Section 7 Consultation.)

If a Federal agency believes that a project may adversely affect a listed species, it requests a formal consultation with one or both of the services. The consulting service then issues a biological opinion about whether a project is likely to jeopardize a listed species or destroy or adversely modify its critical habitat.

On May 16, 2008, the U.S. Bureau of Reclamation and the California Department of Water Resources asked the Service to initiate consultation on the Long-Term Operational Criteria and Plan (OCAP) for coordination of the Central Valley Project and State Water Project, specifically concerning the delta smelt and its critical habitat. (See OCAP Legal Archives.)

On December 15, 2008, the Fish & Wildlife Service issued a biological opinion (BO) on the Long-Term Operational Criteria and Plan (OCAP) for coordination of the Central Valley Project and State Water Project.

The Service determined that the continued operation of these two water projects, as described in the plan, was likely to jeopardize the continued existence of the delta smelt and adversely modify its critical habitat. The inclusion by the Service of reasonable and prudent alternatives, and their acceptance by the water agencies, avoided jeopardy and adverse modification.

• Complete biological opinion (PDF 8.3MB)
  (For easier downloading, see the sidebar for the opinion divided into three sections.)
• Official signed version (PDF 8.4MB non-OCR)
• OCAP Delta Smelt Settlement Agreement, February 25, 2011 (PDF 33KB).

Smelt Working Group

The Smelt Working Group (formerly known as the Delta Smelt Working Group) evaluates up-to-date biological and technical issues regarding delta and longfin smelt and develops recommendations for consideration by the Service in its implementation of the Operational Criteria and Plan (OCAP) Biological Opinion. See the Smelt Working Group for notes and determinations.

Information about the Delta Smelt

• Delta Smelt Page
• Species Account: RTF (Rich Text) or PDF (66 KB)
• Critical Habitat Map (PDF 5.7 MB)