ESA Section 7 Consultations on the West Coast

NOAA Fisheries assists federal agencies to ensure any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat.

West Coast

NOAA Fisheries helps federal agencies comply with the requirements of the Endangered Species Act whose purpose is to conserve ecosystems upon which endangered and threatened species depend.

Under Section 7(a)(1) of the Endangered Species Act (ESA), federal agencies are directed to implement programs for the conservation of threatened and endangered species. In the West Coast Region (WCR), we assist federal agencies with the development of conservation programs for marine and anadromous species under NOAA Fisheries’ jurisdiction throughout California, Oregon, Washington, and Idaho. We also work with federal agencies on training and opportunities to implement proactive conservation actions that will benefit ESA-listed species and their habitats.

Under ESA Section 7(a)(2), federal agencies must consult with NOAA Fisheries when any project or action they take may affect an ESA-listed marine or anadromous species or designated critical habitat.

How do Endangered Species Act consultations work?

Federal agencies must determine whether their actions may affect ESA-listed species. If an agency determines its actions may affect threatened or endangered marine species, the agency is required to consult with NOAA Fisheries. Some consultations are called “informal” and could involve conference calls, email exchanges, and site visits. Others are called “formal” and result in biological opinions. The time needed to conduct an ESA consultation varies depending on the complexity of the proposed action.

Informal consultations are conducted on actions that are not likely to adversely affect ESA-listed species or designated critical habitat. These consultations generally must be completed within 60 days of initiation and extended up to 120 days in total. In these cases, NOAA Fisheries provides a letter of concurrence and no further consultation is required.

Formal consultations are conducted on actions that are likely to adversely affect ESA-listed species or designated critical habitat. These consultations must be completed within 135 days of initiation unless the agencies agree upon an extension. Formal consultation is documented in a biological opinion in which NOAA Fisheries makes a determination regarding whether the federal action is likely to jeopardize the continued existence of an ESA-listed species or is likely to destroy or adversely modify designated critical habitat.

During an ESA consultation, NOAA Fisheries reviews the proposed action and its effects on ESA-listed species and designated critical habitat. The goal of consultation is to identify, avoid, and minimize potential harm to threatened or endangered species and critical habitat. The biological opinion resulting from a formal consultation documents the consultation process, analyses, and conclusions. It also identifies the conditions under which the proposed action may proceed.

During consultation, we work with the federal action agency to identify appropriate mitigation, monitoring, and best management practices for their activities to protect ESA-listed species and their habitat. If, at the end of consultation, we find that the action is likely to jeopardize ESA-listed species, an alternative action with fewer impacts (known as a reasonable and prudent alternative) may be required.

What types of activities does the WCR provide consultations for?

Federal activities along the West Coast that we consult on can range from actions at the local or state level, to regional, national, or international actions. The scope of projects may also vary--from small stream systems to entire river basins or vast portions of the Pacific Ocean.

Actions that commonly require consultation include:

Water projects
Transportation
Federally managed fisheries
Fish hatcheries
Fish passage
Dredging
Construction activities
Habitat restoration
Permitting programs
Scientific research
Hydroelectric activities

What federal agencies do we typically consult with?

Some of the agencies that seek ESA consultation from us include:

U.S. Army Corps of Engineers
U.S. Forest Service
U.S. Bureau of Land Management
U.S. Bureau of Reclamation
Federal Emergency Management Agency
Federal Highway Administration
Department of Defense
Department of the Interior
Environmental Protection Agency
Federal Energy Regulatory Commission

We also consult with our own agency. For example, we may self-consult on issuing scientific research projects, habitat restoration projects, or approving fishery management plans.

Where can I find consultations developed by the WCR?

Information on consultations that the WCR has conducted under the Endangered Species Act and Magnuson-Stevens Act can be found in NOAA Fisheries' Environmental Consultation Organizer (ECO) for records from 2017 to present. If you are looking for information on consultations completed before 2017 (not available in ECO), you may send an email with specific details on your information request to NMFS.Historic.Consultations@noaa.gov.

Contacts and Species

To find the right WCR staff person to talk to about an ESA consultation, the contacts below will be able to assist you. ESA-listed species that may be found in each geographic area are provided.