Consultations with Federal Agencies
The purposes of the Endangered Species Act are to provide a means for conserving the ecosystems upon which endangered and threatened species depend and a program for the conservation of such species. The ESA directs all Federal agencies to participate in conserving these species. Specifically, section 7 (a)(1) of the ESA charges Federal agencies to aid in the conservation of listed species, and section 7 (a)(2) requires the agencies, through consultation with the Service, to ensure that their activities are not likely to jeopardize the continued existence of listed species or adversely modify designated critical habitats. To learn more, download the Consultations fact sheet.
Other items of interest are:
- Frequently Asked Questions on the Section 7 consultation process.
- Consultations with Federal Agencies Section 7 of the Endangered Species Act
- Endangered Species Act Consultation Handbook - Procedures for Conducting Section 7 Consultations and Conferences
- Use of the ESA Section 7 Counterpart Regulations for Projects that Support the National Fire Plan (Healthy forest counterpart reg report)
- Emergency Consultations for National Defense
- Memorandum of Agreement with the Fish and Wildlife Service, the Environmental Protection Agency, and the National Marine Fisheries Service to achieve the goals of the Clean Water Act and the Endangered Species Act
Proposed Changes to Section 7 regulations
- Proposal to modify the definition of “destroy or adversely modify critical habitat” – The Service has proposed to modify the definition of “destroy or adversely modify critical habitat”. This proposed revision addresses recent court cases that have invalidated the definition adopted in 1986, and to make it more consistent with the Endangered Species Act. 50 CFR Part 402
- Proposal to amend the section 7 regulations that address incidental take - The purpose of the proposed changes is to address the use of surrogates to express the amount or extent of anticipated incidental take, and incidental take statements for programmatic actions where implementation of the program requires later authorization, funding, or implementation of site-specific actions that will be subject to section 7 consultation and incidental take statements, as appropriate. These changes are proposed in response to court cases that have questioned the Service’s application of incidental authorization made as a result of section 7 consultations. 50 CFR Part 402