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ESA section 7 consultation: biological assessments, opinions and timelines

ESA section 7(a)(2) requires every federal agency to make sure that what it funds, permits or carries out is not likely to jeopardize a listed species or destroy or adversely modify critical habitat[1]. If an action may affect them, the agency consults the U.S. Fish and Wildlife Service or NOAA Fisheries, ending in concurrence or a biological opinion[2][3][4].

By Ilya Volodarsky. 18 sources, last read on . This page explains the law; it is not legal advice.

Draft a Biological Assessment for Trail Work

    ePlan gets you

    • A first draft of your Biological Assessment, from a project description or the files you already have
    • Precedent research: analog projects and their documents, found for you
    • Every fact ePlan can't confirm, marked for your team to fill in
    • A Word download, plus tasks and a Gantt timeline on Pro and Max
    See how it compares

    Describe the project and ePlan drafts the biological assessment with the proposed action, action area and species sections; every fact it can't confirm is marked for you.

    ePlan vs. by hand

    How ePlan compares to drafting a Biological Assessment by hand

    The same document, two ways to a first draft.

    ComparedePlan.aiBy hand
    Species listePlan.aiUpload the official species list you downloaded from IPaC and ePlan reads it into the draft; it does not run IPaC or submit anythingBy handRetyping the species list into each section by hand
    Starting pointePlan.aiA biological assessment that follows a reference BA's structure, with your project facts filled in and gaps markedBy handA blank template or your office's last BA
    Precedent researchePlan.aiA research agent searches agency project pages, CEQAnet, the Federal Register, eCFR and EPA's EIS database for your project and up to two analog projectsBy handSearching each agency site and PDF library by hand
    Missing factsePlan.aiEvery fact ePlan can't confirm stays a highlighted [INSERT] placeholder until someone fills itBy handGaps surface in review, or not at all
    Cost to startePlan.aiScoping letters are free. EAs, EIRs and decision memos are on Max at $199 a monthBy handStaff or consultant hours for every draft

    ePlan.ai as of October 2026. “By hand” means a Word template, past documents and agency PDFs. Your team reviews, edits and signs every draft.

    USFWS or NOAA Fisheries: who handles section 7 consultation?

    NOAA Fisheries handles the species it lists, mostly marine; the U.S. Fish and Wildlife Service (FWS) handles the rest[2][11]. Consultation covers any action with discretionary federal involvement, including permits, licenses, leases, rights-of-way and grants[12][13]. Both Services follow 50 CFR part 402; a 2025 proposal would restore some 2019 provisions, and its final rule went to the White House's OIRA for review on July 22, 2026[5][14][7][8].

    First the agency asks the Service which listed species and critical habitat may be present. The Service answers within 30 days; if none may be present, no assessment is needed[9]. FWS prefers the official list from IPaC, its online tool[15][16]; recheck it if the assessment starts more than 90 days later[9]. See our IPaC guide.

    Informal vs formal section 7 consultation

    Informal consultation ends when the Service agrees in writing, within 60 days (extendable to 120), that the action is not likely to adversely affect listed species or critical habitat[3]. Otherwise formal consultation follows and ends in a biological opinion[4]. A no-effect finding needs nothing further[15].

    The Ward Creek Bridge replacement near Ketchikan, Alaska, shows the timeline. Alaska DOT&PF, acting for FHWA, sent its consultant's biological assessment to NOAA Fisheries on November 13, 2025. Formal consultation began May 6, 2026, after follow-up questions, and the opinion came July 20: no jeopardy for humpback whales, with incidental take of up to 3 by harassment[17].

    What goes in a biological assessment, and when is one required?

    A biological assessment evaluates effects on listed and proposed species and critical habitat. It is required for major construction activities: construction that is a major federal action under NEPA[9][13][18].

    Finish it before any construction contract is signed or work begins[1]. A consultant may prepare it as the non-federal representative, but the agency must review it and stays responsible[10]. The Service responds within 30 days[9].

    Outline

    Biological assessment outline: what to include

    Contents are up to the agency[9]; this outline also covers what a formal consultation request needs[4]. A biological assessment often goes with an EA or EIS, with Section 106 review in parallel.

    1. Proposed action

      Purpose, timing, location, components and methods, with maps, and measures to avoid, minimize or offset effects[4].

    2. Action area

      Every area the action affects directly or indirectly, not only the footprint[13].

    3. Species and critical habitat

      The Service's list, rechecked after 90 days; each species' presence and habitat from site visits, experts and literature[9][4].

    4. Effects of the action

      Consequences the action causes to listed species or critical habitat, plus cumulative effects of future state or private actions[13][9].

    5. Alternatives considered

      Alternate actions the agency considered[9].

    6. Determinations

      For each species and critical habitat, likely to be adversely affected or not; this picks concurrence or formal consultation[9][3].

    Sources

    Where each statement comes from

    Show all 18 sources
    1. [1]16 U.S.C. 1536 - Interagency cooperation (ESA section 7). United States Code, 2024 edition (GovInfo). Read October 2, 2026.
    2. [2]50 CFR 402.01 - Scope. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    3. [3]50 CFR 402.13 - Informal consultation. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    4. [4]50 CFR 402.14 - Formal consultation. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    5. [5]50 CFR part 402 - Interagency Cooperation—Endangered Species Act of 1973, as Amended. Electronic Code of Federal Regulations (eCFR), current. Read October 4, 2026.
    6. [6]Endangered and Threatened Wildlife and Plants; Regulations for Interagency Cooperation (final rule), 89 FR 24268. U.S. Fish and Wildlife Service and National Marine Fisheries Service, Federal Register, April 5, 2024. Read October 2, 2026.
    7. [7]Pending EO 12866 Regulatory Review: RIN 1018-BI75, Endangered and Threatened Wildlife and Plants; Interagency Cooperation (final rule). Office of Information and Regulatory Affairs, RegInfo.gov (U.S. Fish and Wildlife Service), July 22, 2026. Read October 4, 2026.
    8. [8]Pending EO 12866 Regulatory Review: RIN 0648-BN79, Endangered and Threatened Wildlife and Plants; Interagency Cooperation Regulations (final rule). Office of Information and Regulatory Affairs, RegInfo.gov (NOAA Fisheries), July 22, 2026. Read October 4, 2026.
    9. [9]50 CFR 402.12 - Biological assessments. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    10. [10]50 CFR 402.08 - Designation of non-Federal representative. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    11. [11]Consultations. NOAA Fisheries. Read October 2, 2026.
    12. [12]50 CFR 402.03 - Applicability. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    13. [13]50 CFR 402.02 - Definitions. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    14. [14]Endangered and Threatened Wildlife and Plants; Interagency Cooperation Regulations (proposed rule), 90 FR 52600. U.S. Fish and Wildlife Service and National Marine Fisheries Service, Federal Register, November 21, 2025. Read October 4, 2026.
    15. [15]ESA Section 7 Consultation. U.S. Fish and Wildlife Service, September 21, 2026. Read October 2, 2026.
    16. [16]IPaC: Information for Planning and Consultation. U.S. Fish and Wildlife Service. Read October 2, 2026.
    17. [17]ESA Section 7(a)(2) Biological Opinion and Concurrence: KTN Ward Creek Bridge Replacement (AKRO-2025-02946). NOAA Fisheries, Alaska Region, July 20, 2026. Read October 3, 2026.
    18. [18]42 U.S.C. 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts. United States Code, 2023 edition (GovInfo). Read October 2, 2026.

    Written by

    Ilya Volodarsky

    Ilya Volodarsky founded ePlan.ai. He co-founded Segment and is co-founder and CEO of Wildfires.org.

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    • The agency writes the biological assessment of effects. The Service writes the biological opinion after formal consultation, deciding on jeopardy and adverse modification and offering reasonable and prudent alternatives where they exist.

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