Consultation

Suisun Marsh, Angelo Garcia, Jr., DWR

Suisun Marsh
Angelo Garcia, Jr., Dept. of Water Resources
See Suisun Marsh Habitat Management, Preservation
and Restoration Plan

Section 7 Consultation

Federal agencies consult with us to avoid Jeopardizing the existence of listed species or their Critical Habitat, which would violate the Endangered Species Act. These consultations are conducted under section 7 of the Act.

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.

If you request a permit or funding from a Federal agency for a project that could affect listed species, then the agency would consult with us about your project. Examples include: Federal water serves the property, Federal highway funds are used, or a Federal wetlands (Corps of Engineers) permit is needed.

Habitat Conservation Plans

If you have a project that may adversely affect listed species, but no Federal agency is involved in the process, then you may need to develop a Habitat Conservation Plan. This is generally a longer, more comprehensive process.

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.

In a formal consultation, the action agency asks us to concur that their project will not 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.

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. The following PDF documents are programmatic consultations with the U.S. Army Corps of Engineers. More programmatics and information can be found on this Sacramento Fish & Wildlife Office web page.

The following PDF documents are programmatic consultations with the U.S. Army Corps of Engineers. More programmatics and information can be found on this Sacramento Fish & Wildlife Office web page.

Biological Opinions

After we do a formal consultation, we write a Biological Opinion. This is our determination about whether a listed species will be jeopardized or critical habitat adversely modified. It is the basis for actions that need to be taken to minimize impact to the species.