When should a Federal agency request Formal Consultation?

A Federal agency should request Formal Consultation when a species is likely to be adversely affected by an action in the action area. This requirement is rooted in the Endangered Species Act (ESA), which mandates that federal agencies ensure their actions do not jeopardize the continued existence of endangered or threatened species or destroy or adversely modify their designated critical habitats.

Formal Consultation is a more extensive evaluation process than informal consultation, and it is initiated when an agency identifies that its proposed action may directly impact the viability of a species or its habitat. The process involves a detailed examination of the potential effects of the action, allowing for a thorough assessment of the species' needs and the protections necessary to mitigate any adverse effects.

Options that involve mere presence of a species or its proximity do not trigger the necessity for Formal Consultation unless there is a clear indication that the action will result in adverse impacts. Therefore, the focus on the likelihood of adverse effects is a key component in determining the need for Formal Consultation.