What is the final product of a Formal Consultation under the ESA?

The final product of a Formal Consultation under the Endangered Species Act (ESA) is a Biological Opinion. This document is prepared by the U.S. Fish and Wildlife Service or the National Marine Fisheries Service and assesses the potential effects of a proposed federal action on listed species and their designated critical habitats.

The Biological Opinion evaluates whether the proposed action is likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of their critical habitat. If the action is found to be non-jeopardizing, the Biological Opinion will include an incidental take statement outlining the terms under which the action might proceed without violating the ESA.

Other options, while related to environmental assessments and protections, do not serve as the final product of a Formal Consultation. An Environmental Assessment typically precedes the consultation and assesses the potential environmental impacts of proposed projects. A Finding of No Significant Impact (FONSI) is a determination made after an Environmental Assessment indicating that the action does not significantly affect the environment, thus not requiring a more detailed Environmental Impact Statement. Crucial Habitat Listing is not a product of the consultation process; rather, it refers to the designation of habitats essential for the conservation of endangered or threatened species. Therefore, the Biological Opinion is the definitive