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Endangered Species Act Consultation NOAA NMFS

Submitted by patrick.connor… on
Project Type
All
Activity/Trigger
Federal actions that the action agency determines may affect threatened/endangered species and/or their designated critical habitat.
Description

Under Section 7(a)(2) of the ESA, all Federal agencies must consult with NMFS and/or the USFWS when an action the agency carries out, funds, or authorizes may affect a species listed as endangered or threatened and/or has the potential to destroy, or adversely modify, designated critical habitat. The purpose of the consultation is to assist the action agency in meeting its duty to insure that its action is not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat. Upon completion of consultation, the NMFS and/or the USFWS provides the action agency with either a letter of concurrence that the proposed action is not likely to adversely affect any listed species, or a biological opinion, if the proposed action is likely to adversely affect listed species or designated critical habitat. If the biological opinion concludes that the action is not likely to jeopardize the continued existence of any listed species and is not likely to result in destruction or adverse modification of critical habitat for any listed species, the NMFS and/or the USFWS also provides an incidental take statement including terms and conditions, which, if complied with, provide an exemption from the ESA's prohibitions on take of listed species, as well as measures to minimize the impacts of take and monitor and report take that occurs. If the biological opinion concludes that the proposed action is likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat, the NMFS and/or the USFWS develop reasonable and prudent alternatives that would avoid jeopardy or adverse modification that are shared and discussed with the action agency prior to completion of the biological opinion. NMFS generally manages marine species. The USFWS generally manages freshwater and terrestrial species. NMFS and the USFWS share responsibility for sea turtles, Atlantic salmon, and gulf sturgeon. More information from NOAA Fisheries regarding ESA section 7 responsibilities may be found at: https://www.fisheries.noaa.gov/topic/consultations/endangered-species-act-consultations.

Statute/Regulations
Endangered Species Act (16 USC 1531‐ 1544) Focus on ESA Section 7(a)(2), ESA Section 9, and ESA Section 7(a)(1) Responsibilities of Federal Agencies to Protect Migratory Birds (EO 13186).
Editorial Category