What is a programmatic biological opinion?

These opinions typically cover small projects. They require that applicants take specific steps to protect endangered species. Projects that fit these criteria can go through a streamlined process.

What is Section 7 of the ESA?

Section 7 of the Endangered Species Act requires federal agencies to ensure that actions they authorize, fund, or carry out do not jeopardize the existence of any species listed under the ESA, or destroy or adversely modify designated critical habitat of any listed species.

What is Section 6 of the ESA?

Section 6 of the Endangered Species Act of 1973 (ESA) provides a mechanism for cooperation between NOAA Fisheries and States in the conservation of threatened, endangered, and candidate species.

How are programmatic consultations used in biological assessment?

Programmatic consultations allow for streamlined project-specific review because the effects analysis, for a suite of activities exposed to a set of applicable stressors, is completed up front in the biological assessment and programmatic consultation response document.

What does section 7 of the ESA do?

A Brief Explanation. The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called “Interagency Cooperation,” is…

How long does it take for an ESA Biological Opinion?

The biologist will then draft a Biological Opinion, including an Incidental Take Statement (as appropriate). The ESA section 7 regulations require us to provide a final Biological Opinion to you within 135 days of consultation initiation.

Is the anticipated incidental take subject to the ESA?

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.