What are the ESA section 7 consultation steps?
Ask the Service for a species list, decide whether the action may affect listed species or critical habitat, prepare a biological assessment if one is required, then consult: informally, ending in written concurrence, or formally, ending in a biological opinion[9][3][4]. Step by step, with the clocks in 50 CFR part 402:
- Species list: the Service answers within 30 days; if none may be present, consultation ends[9]
- Effect determination: "no effect" needs nothing further; "may affect" means consultation[11][4]
- Biological assessment, for major construction activities: due within 180 days; the Service responds within 30[9]
- Informal consultation: written concurrence, within 60 days (120 at most), that adverse effects are unlikely ends it[3]
- Formal consultation: 90 days, then 45 days to deliver the biological opinion[4]; pending permitting reform would shorten it
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][12]. Consultation covers any action with discretionary federal involvement, including permits, licenses, leases, rights-of-way and grants[13][14]. 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][15][7][8].
For the species list, FWS prefers the official one from IPaC, its online tool[11][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[11].
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][14][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].