Environmental Compliance

Biological Assessments

A biological assessment (BA) is an analysis of the effects that a Federal agency action may have on species that are endangered or threatened (listed) or proposed as endangered or threatened (proposed). This analysis, a requirement of section 7(c) of the Endangered Species Act (ESA), is meant to assist the Federal agency in facilitating compliance with section 7(a)(2) of the ESA. Section 7(a)(2) requires that each Federal agency ensure, in consultation with the U.S. Fish and Wildlife Service (FWS), that any action authorized, funded, or carried out by the Federal agency is not likely to jeopardize the continued existence of any listed species or result in the adverse modification of designated "critical" habitat. (Critical habitat is defined as specific areas within or outside of the geographical area occupied by the species on which are found those physical or biological features essential to the conservation of the species and which may require special management considerations or protection.)

A BA is a document that analyzes the impacts of the Federal agency's action on listed and proposed species and/or designated critical habitat and may include the following sections and topics:

(1) The results of an off-site inspection of the area affected by the action to determine if listed or proposed species are present or occur seasonally.

(2) The views of recognized experts on the species at issue.

(3) A review of the literature and other information.

(4) An analysis of the effects of the action on the species and habitat, including consideration of cumulative effects, and the results of any related studies.

(5) An analysis of alternative actions considered by the Federal agency for the proposed action.

If the Federal agency is not able to conclude in its BA that the proposed action "is not likely to adversely affect" listed species or critical habitat,
formal consultation is initiated when the Federal agency submits its BA to FWS. The FWS has 90 days in which to conclude consultation and an additional 45 days in which to deliver the biological opinion to the Federal agency.

The ESA requires that an agency insure that its activities or programs are not likely to jeopardize he continued existence of listed species or result in the destruction or adverse modification of critical habitat. The preparation of a BA and any subsequent consultation should coincide with the development of National Environmental Policy Act (NEPA) documents (environmental impact statements and environmental assessments). The responsible Animal and Plant Health Inspection Service (APHIS) decisionmaker should seek a biological opinion from FWS prior to any irreversible or irretrievable commitment of APHIS resources into the proposed Federal action.