What is ESA Section 7 consultation?
What is ESA Section 7 consultation?
Under Section 7, Federal agencies must consult with the U.S. Fish and Wildlife Service (Service) when any action the agency carries out, funds, or authorizes (such as through a permit) may affect a listed endangered or threatened species or designated critical habitat.
How long does a biological assessment take?
Within 45 days after concluding formal consultation the Services shall deliver a biological opinion to the Federal Agency and any applicant. Total time from start of Formal consultation to delivering the Biological Opinion (BO) is 135 days.
What is a biological opinion ESA?
The biological opinion is the document that states the opinion of the Service as to whether or not the Federal action is likely to jeopardize the continued existence of listed species or result in the destruction or adverse modification of critical habitat.
What is the difference between a biological assessment and a biological evaluation?
This analysis is typically transmitted in a document referred to as a Biological Assessment or Biological Evaluation. The latter is a generic term used to document analyses and Section 7 determinations when a Biological Assessment is not required.
What does Section 7 of the ESA require?
Section 7 of the ESA requires Federal agencies to use their legal authorities to promote the conservation purposes of the ESA and to consult with the USFWS and NMFS, as appropriate, to ensure that effects of actions they authorize, fund, or carry out are not likely to jeopardize the continued existence of listed …
What is Section 7 of the Endangered Species Act?
Under section 7 of the Endangered Species Act, federal agencies must consult with NOAA Fisheries when any action the agency carries out, funds, or authorizes may affect either a species listed as threatened or endangered under the Act, or any critical habitat designated for it.
What is included in a biological assessment?
A biological assessment is an evaluation of the condition of a waterbody by sampling species that spend all or part of their lives in that waterbody. A biological survey is conducted to collect a representative sample of the biological community found in the waterbody.
Are biological opinions public?
Below are links to biological opinions (BiOps) currently available for public comment. The comment period closed on June 19, 2021. The draft BiOp is no longer available for public comments. A link to the final BiOp will be provided when it is available.
Who prepares the biological assessment?
c. The client and the landowner obtain an ESA Section 10 permit, and NRCS obtains written concurrence from the Services that no further consultation is required. proposed and listed species/ habitat. Per policy, the biological assessment (BA) is prepared by or under the direction of NRCS.
What does biological assessment mean?
What happens if you break the ESA?
Provisions of the ESA are enforced through citizen suits, as well as through civil and criminal penalties. A criminal violation may result in imprisonment and a fine of up to $50,000. A civil violation of a major provision may result in a $25,000 fine (knowing violation) or a $12,000 fine.
What is programmatic consultation?
A programmatic consultation is a consultation addressing an agency’s multiple actions on a program, region or other basis. A programmatic section 7 consultation can achieve several objectives with positive administrative benefits for both the action and consulting agencies.
