Developing a Section 7 Request Letter for Expedited Informal Consultation in Alaska

Section 7(a)(2) of the Endangered Species Act (ESA) requires each Federal agency to ensure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of critical habitat of such species (16 U.S.C. 1536(a)(2)).

When a Federal agency's action may affect a listed resource, that agency is required to consult with NOAA Fisheries or the U.S. Fish and Wildlife Service (USFWS), depending upon the endangered species, threatened species, or designated critical habitat that may be affected by the action (50 CFR 402.14(a)). If the action agency concludes that the project is not likely to adversely affect (NLAA) listed species and critical habitat, it submits a request for informal consultation to NOAA Fisheries (or USFWS, depending on the species affected) for concurrence. A NLAA determination is the appropriate conclusion to be made when effects on ESA listed species and critical habitat are expected to be discountable (extremely unlikely to occur), insignificant (too small to detect or measure), or wholly beneficial. Informal consultations may be expedited for routine, non-controversial actions if the conditions below are met.

To request an expedited consultation you should follow the steps outlined below.