Section 7 Consultation Technical Assistance - Provides Section 7 consultation guidance for Federal agencies and their applicants i.
This information is provided to allow project proponents to fulfill their Section 7 a 2 obligations without having, if they choose, to contact our Field Offices. Section 7 Consultation Handbook look under Consultations Handbook. West, Suite Bloomington, MN Enter Search Term s :.
When a Federal agency has not insured that its action is unlikely to avoid jeopardizing listed species or to result in the destruction or adverse modification of critical habitat, it may provide the Federal agency with reasonable and prudent alternative actions. These alternatives are often developed with input and assistance from the Federal agency. Alternatives must:.
Often, an action is reasonably certain to result in the incidental take of a species, but is not likely to jeopardize its continued existence. When this happens, the Service provides the Federal agency with an incidental take statement with the biological opinion. The anticipated incidental take is not subject to the take prohibitions of the ESA as long as the Federal agency or applicant implements the terms and conditions provided in the incidental take statement.
West, Suite Bloomington, MN Enter Search Term s :. Formal Consultation and the Biological Opinion When a Federal agency determines, through a biological assessment or other review, that its action is likely to adversely affect a listed species, the agency submits to the Service a request for formal consultation. Critical Habitat Destruction or Adverse Modification Section 7 also mandates that federal agencies must insure that their actions do not result in the destruction or adverse modification of critical habitat.
The Section 7 process usually begins as informal consultation. An agency, in the early stages of project planning, approaches the USFWS and requests informal consultation when a listed species may be affected by the action.
Discussions between the two agencies may include what types of listed species may occur in the proposed action area, and what effect the proposed action may have on those species.
If the agency, after discussions with the USFWS, determines that the proposed action is not likely to affect any listed species in the project area, and if the USFWS concurs, the informal consultation is complete and the proposed project moves ahead. Typically, this is documented with a written concurrence letter.
A BA is a report that includes enough information to determine if a listed species will be adversely affected by the project. Following the analysis described above, you need to make a Section 7 finding for proposed or listed species and proposed or designated critical habitat that may be present in the action area.
Your section 7 conclusion should be explicit. Generally, one of the following three determinations will apply:. When an agency determines, through a BA or other review, that its action is likely to adversely affect a listed species, the agency submits to the USFWS a request for formal Section 7 consultation along with the BA. During formal consultation, the USFWS and the agency share information about the proposed project and the species likely to be affected.
Formal consultation may last up to 90 days, after which the USFWS will prepare a Biological Opinion BO on whether the proposed activity will jeopardize the continued existence of a listed species. The USFWS also examines the cumulative effects of other non-Federal actions that may occur in the action area, including state, tribal, local, or private activities that are reasonably certain to occur in the project area.
Under the ESA, jeopardy occurs when. When the USFWS makes a jeopardy determination, it also provides the consulting agency with reasonable and prudent alternative actions. These alternatives are often developed with input and assistance from the agency itself.
0コメント