Endangered Species Consultation

Under section 7 of the Endangered Species Act

See our Species Information page for a list of species consulted on by this office and information on how to get an official species list for consultation.

To avoid jeopardizing listed species or adversely modifying their critical habitat, Federal agencies consult with the Fish & Wildlife Service under section 7 of the Endangered Species Act.

Non-Federal parties, including individuals, cannot consult directly under section 7. However, there are many ways to make a "nexus" between a non-Federal project and a Federal agency. See below.

Formal vs. Informal Consultation

If a Federal agency believes that a project may adversely affect a listed species, it requests a formal consultation. If the agency believes that the project may affect the species, but not adversely, it asks for an informal consultation. (Glossary)

In a formal consultation, the action agency asks us to issue a biological opinion that their project is not likely jeopardize the species.

In an informal consultation, the action agency asks us to concur that their project is not likely to adversely affect the species.

Biological Opinion

The biological opinion, or BO, is our opinion about whether a project is likely to jeopardize a listed species or destroy or adversely modify its critical habitat. When we determine that projects will not jeopardize a species or destroy or adversely modify critical habitat, they are called non-jeopardy determinations. When we determine that projects will jeopardize a species, they are called a jeopardy determination.

Incidental Take Statement

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 includes habitat modification or degradation.

Programmatic Consultation

When possible, we conduct a programmatic consultation that addresses multiple projects. These opinions typically cover small projects. Projects may be appended to the programmatic and go through a streamlined process. One example is the delta smelt programmatic biological opinion with the U.S. Army Corps of Engineers.

Non-Federal Applicants

Non-Federal parties, including individuals, cannot consult directly under section 7. However, there are many ways to make a nexus between a non-Federal project and a Federal agency. This allows non-Federal parties to consult indirectly through that agency. For example, if you were building a dock in the Delta, you could go through the Corps of Engineers programmatic mentioned above.

If non-Federal applicants cannot establish a nexus, they may be able to develop a habitat conservation plan (HCP).