Consultation Issued Biological Opinions

Federal agencies (action agency) are responsible to determine, through a biological assessment or other review, whether or not their proposed action is likely to adversely affect a listed species or designated critical habitat. If a listed species or critical habitat may be adversely affected, then the action agency works with the FWS or NOAA Fisheries (Services) to submit all required information to initiate formal consultation (50 CFR 402.14(c) and (d)). Once the Services determine the initiation package is complete then formal consultation begins. The Services have 90 days to work with the action agency and applicant (if appropriate) to fully understand the potential direct and indirect effects of the action to listed species and critical habitat. If it is determined the proposed action will not jeopardize the continued existence of a listed species or adversely modify critical habitat, then a final biological opinion is issued within an additional 45 days. However, if it is determined the proposed action may jeopardize a listed species or adversely modify critical habitat, then reasonable and prudent alternatives are drafted and the Services coordinate with the action agency and/or applicant for their review and comment prior to finalizing.