Biological Opinions

Under Section 7 of the Endangered Species Act, federal agencies must consult with NOAA Fisheries on activities that may affect ESA-listed species. These inter-agency consultations are designed to help federal agencies in fulfilling their duty to ensure that their actions do not jeopardize the continued existence of a species, or destroy or adversely modify designated critical habitat.

NOAA Fisheries’ Office of Protected Resources issues Biological Opinions to document our Opinions on how federal agencies’ actions affect ESA-listed species and critical habitat. Where appropriate, these Opinions provide an exemption for the “take” of listed species (e.g., harassment, harm, pursuit, hunting, shooting, wounding, killing, trapping, capturing, or collecting) while specifying the extent of take allowed, the reasonable and prudent measures that would minimize impacts from the federal action, and the terms and conditions with which the federal action agency must comply.

Biological Opinions Available Online

Biological Opinions Issued by NOAA Fisheries Office of Protected Resources

Biological Opinions issued since 2014 by the NOAA Fisheries’ Headquarters Office of Protected Resources are linked below, by action agency. (Opinions for pesticide consultations with the U.S. Environmental Protection Agency are listed separately, on our Pesticide Consultations page.) 

Older Biological Opinions issued since 2010 can be found in the NOAA library repository.

The Public Consultation Tracking System can also be used to search for Biological Opinions issued by NOAA Fisheries.

Coast Guard

• Programmatic Letter of Concurrence on the U.S. Coast Guard Marine Events Program, U.S. Caribbean
• Biological Opinion on the Use of Dispersants and In-Situ Burning in the United States (U.S.) Caribbean

Department of the Interior                  

Bureau of Land Management 

• Biological Opinion on Bureau of Land Management Vegetation Treatments using Herbicides

Bureau of Ocean Energy Management  

• Biological Opinion on the Bureau of Ocean Energy Management's Issuance of Five Oil and Gas Permits for Geological and Geophysical Seismic Surveys off the Atlantic Coast and NOAA Fisheries' Issuance of Incidental Harassment Authorizations under the MMPA

• Biological and Conference Opinion on Bureau of Ocean Energy Management Lease Issuance for Wind Resources Data Collection

Environmental Protection Agency 

• Biological Opinion on EPA approval of water quality standards under Section 303 of the Clean Water Act

• Biological Opinion on Environmental Agency's approval of Florida's proposed water quality criteria for 4-nonyphenol

• Letter of Concurrence on Peñuelas Technology Park, LLC Resource Conservation Recovery Act Remedial Action in the Cooling Water Canal

• Biological Opinion on the Approval of Florida Estuary Specific Numeric Nutrient Criteria under Section 303(c) of the Clean Water Act for Total Phosphorus, Total Nitrogen, and Chlorophyll-a in 42 estuary Segments

• Biological Opinion on Reissuance of the Construction General Permit by the Environmental Protection Ageency

• Biological Opinion on Environmental Protection Agency Multi-Sector General Permit for Industrial Stormwater Discharges Pursuant to the National Pollution Elimination System

• Biological Opinion on Environmental Protection Agency Pesticides General Permit for Discharge of Pollutants into U.S. Water

Note that opinions specific to pesticide consultations with Environmental Protection Agency are listed separately and can be found on the our Pesticide Consultations page.

Department of Defense  

• Biological and Conference Opinion on U.S. Navy Atlantic Fleet Training and Testing and the National Marine Fisheries Service’s Promulgation of Regulations Pursuant to the Marine Mammal Protection Act for the Navy to “Take” Marine Mammals Incidental to Atlantic Fleet Training and Testing

• Biological Opinion on (1) U.S. Military Mariana Islands Training and Testing Activities; and (2) the National Marine Fisheries Service's Promulgation of Regulations and Issuance of a Letter of Authorization Pursuant to the Marine Mammal Protection Act for the U.S. Navy to "Take" Marine Mammals Incidental to Mariana Islands Training and Testing Activities from August 2015 through August 2020

• Biological and Conference Opinion on United States Air Force, Eglin Gulf Testing and Training Range (EGTTR) Activities

• Biological and Conference Opinion on U.S. Navy Northwest Training and Testing Activities and Associated National Marine Fisheries Service Regulations and Letters of Authorization

• Biological and Conference Opinion on U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active Sonar Routine Training, Testing, and Military Operations and Associated National Marine Fisheries Service Letters of Authorization

• Biological Opinion on Operational Evaluations of Live Long Range Strike Weapon Systems and other Munitions Conducted by the U.S. Air Force off of the Western Shores of the Island of Kauai

National Aeronautics and Space Administration 

• Letter of Concurrence Issued for National Aeronautics and Space Administration's East Pacific Origin and Characteristics of Hurricanes Mission

• Letter of Concurrence Issued for National Aeronautics and Space Administration's Ultra Long Duration Balloon Program

NOAA National Ocean Service 

• Biological Opinion on National Ocean Service National Centers for Coastal Ocean Science’s Proposed Action to Fund a Project under the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies (RESTORE) Act: “Linking habitat to recruitment: evaluating the importance of pelagic Sargassum to fisheries management in the Gulf of Mexico”

NOAA Fisheries – Scientific Research Permits

• Biological Opinion on the Issuance of Permit No. 20951 to Ann Zoidis, Cetos Research Organization, for Research on Cetaceans in the Gulf of Maine

• Biological and Conference Opinion on the Issuance of Permit No. 20556 and its Subsequent Modification (Permit No. 20556-01) to the Georgia Department of Natural Resources, Responsible party Jonathan P. Ambrose, for Research on North Atlantic Right Whales

• Biological and Conference Opinion on the Proposed Implementation of a Program for the Issuance of Permits for Research and Enhancement Activities on Threatened and Endangered Sea Turtles Pursuant to Section 10(a) of the Endangered Species Act

• Biological and Conference Opinion on the Issuance of Marine Mammal Protection Act Permit No. 20466 to Alaska Department of Fish and Game for Scientific Research on Ice Seals

• Biological Opinion on the Issuance of Permit No. 17304-03 for Scientific Research on Sea Turtles in the Gulf of Mexico

• Biological Opinion on the Issuance of Permit No. 21293 to Gulf Specimen Marine Laboratories, Inc.

• Biological Opinion on the Issuance of Permit No. 20315 for Scientific Research on Sea Turtles in the United States Virgin Islands

• Letter of Concurrence on the Issuance of Permit No. 20294 to Robert DiGiovanni Jr. for Vessel and Aerial Surveys of Blue, Fin, North Atlantic Right, Sei, and Sperm Whales

• Letter of Concurrence on the Issuance of Permit No. 18016-01 to Tamara McGuire for Close Vessel Approaches and Photography of Beluga Whales (Cook Inlet Distinct Population Segment)

• Letter of Concurrence on the Issuance of Permit No. 20527 to Ann Pabst for Vessel and Aerial Surveys of Blue, Fin, North Atlantic Right, Sei, and Sperm Whales

• Biological Opinion on the Issuance of Permit No. 20455 to Randall Wells for Research on Bottlenose and Atlantic Spotted Dolphins

• Biological and Conference Opinion on the Issuance of Permit No. 20465 to NMFS Alaska Fisheries Science Center Marine Mammal Laboratory for Research on Cetaceans

• Biological Opinion on the Issuance of Scientific Research Permit No. 18059, Issued to David Wiley, Research Coordinator, Stellwagen Bank National Marine Sanctuary, for Research on Fin and Sei Whales

• Biological Opinion on the Issuance of Permit No. 20430 for Research on Blue, Fin, and Humpback Whales off the Coast of California

• Biological Opinion on the Issuance of Permit No. 19697 for Scientific Research on Sea Turtles in the Coastal Waters of Puerto Rico

• Letter of Concurrence on the Issuance of Permit No. 21026 to Dorian Houser for Auditory Evoked Potential Testing on Cetaceans

• Biological and Conference Opinion on the Issuance of a Scientific Research Permit Nos. 19674 to Scott Kraus, New England Aquarium, and 19315 to the Center for Coastal Studies for Research on North Atlantic Right Whales Pursuant to Section 10(a) of the Endangered Species Act of 1973

• Biological and Conference Opinion on the Issuance of Permit No. 18529 to Jan Straley for Research on Marine Mammals in the Gulf of Alaska, Pursuant to Section 10(a)(l)(A) of the Endangered Species Act

• Biological and Conference Opinion on the issuance of Permit No. 18786-01 to the Marine Mammal Health and Stranding Response Program and implementation of the Marine Mammal Health and Stranding Response Program (2017 Reinitiation)

• Biological and Conference Opinion on the Issuance of Permit No. 18786-01 to the Marine Mammal Health and Stranding Response Program Pursuant to Sections 109(h), 112(c), 104(c) and Title IV of the Marine Mammal Protection Act and Section 10(a)(l)(A) of the Endangered Species Act, and Implementation of the Marine Mammal Health and Stranding Response Program

• Biological Opinion on the Issuance of Scientific Research Permit No. 20197 to Jon Hare (Northeast Fisheries Science Center) and Permit No. 19627 to Bonnie Ponwith (Southeast Fisheries Science Center)

• Biological Opinion on the Issuance of Permit No. 19508 for Scientific Research on Sea Turtles along the Eastern Coast of Florida and the Northern and Eastern Gulf of Mexico

• Biological Opinion on Reinitiation of Endangered Species Act Section 10(a)(1)(A) Permit by Regulation to Authorize Response to Stranded Endangered Sea Turtles

• Biological and Conference Opinion on Proposed Implementation of Program for the Issuance of Permits for Atlantic and Shortnose Sturgeon Research and Enhancement Activities Pursuant to Section 10(a) of the Endangered Species Act

• Biological Opinion on the issuance of Permit No. 20311 to the National Marine Fisheries Service, Pacific Islands Fisheries Science Center for Research on Cetaceans

• Biological and Conference Opinion on the Issuance of Permit No. 20605 to Robin Baird, Cascadia Research Collective, and Permit No. 20043 to Whitlow Au, University of Hawaii, for Research on Cetaceans

• Biological and Conference Opinion on the Issuance of Scientific Research Permit No. 21043 to Florida Fish and Wildlife Conservation Commission for Research on Smalltooth Sawfish (Pristis pectinata)

Biological Opinions Issued by NOAA Fisheries Regional Offices

NOAA Fisheries’ regional offices issue biological opinions on a wide range of actions including federal fisheries, offshore oil and gas leasing and exploration activities, seismic surveys, dredging, offshore wind, and hydroelectric activities, among others. Biological opinions issued by regional offices can be found below:

• Alaska

• New England/Mid-Atlantic

• Pacific Islands

• Southeast

• West Coast

More Information

• Consultations with Federal Agencies 

• Inter-agency Consultation Guidance and Policy 

• Public Consultations Tracking System

• Endangered Species Act