ESA Section 7 Consultation

ESA Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7 Consultation 

Section 7 Consultation is the process that federal agencies must use to ensure they are not harming listed species or their habitat. Section 7 of the Endangered Species Act requires federal agencies to consult with us on actions that they:

• Fund
• Authorize
• Permit
• Carry out

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Process: 

Informal Consultation:

The first step is an informal consultation. It is a discussion between the agency carrying out the action and us about the proposed action. The result of this discussion will be a determination of whether the action may affect listed species or critical habitat. Agencies may use the digital project planning tool, Information for Planning and Consultation, to get a list of species and critical habitats that may be present in the action area action area
All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Learn more about action area .

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Determination: 

If the proposed action may affect any listed species or critical habitat, then the agency must begin a formal consultation. If the proposed action will not affect any species or critical habitat, we will issue a concurrence statement stating that the action is not likely to affect any listed species, and no further action is needed. Agencies may use our digital consultation package builder tool, available on IPaC IPaC
Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process

Learn more about IPaC , to assist in this process.

Formal Consultation

During formal consultation, the agency and we share information about the proposed project and the species or critical habitat likely to be affected. Formal consultation may last up to 90 days, after which we will prepare a biological opinion. We will analyze the effects of the proposed action to the listed species or critical habitat.

Conclusion of the Biological Opinion

The biological opinion will state whether the federal agency has ensured that its action is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat. A biological opinion usually includes conservation recommendations to further the recovery of listed species, and it also may include reasonable and prudent measures, as needed, to minimize any take of listed species.

We have 45 days after completion of formal consultation to write the biological opinion.

Legal Justification

Section 7(a)(1) of the Endangered Species Act charges federal agencies to aid in the conservation of listed species, and section 7(a)(2) requires the agencies to ensure their activities are not likely to jeopardize the continued existence of federally listed species or destroy or adversely modify designated critical habitat.