Section 7 of the Endangered Species Act requires that any federal agency proposing to do anything – issue a permit to someone else, spend its money on a project, take a direct action – that might affect an ESA-listed species must first consult with NOAA Fisheries Service about such effects. Through this consultation process, Section 7 may authorize federal agency actions that might involve some “take” (killing, hurting, disturbing) of listed species provided that:

• such take is incidental to, and not the primary purpose of, the proposed action, and
• the effects of the proposed action do not jeopardize the continued existence of the species nor destroy or adversely modify designated critical habitat.

The consultation process includes documentation in a biological opinion of a cause and effect analysis, using the best available scientific information. If an action results in take of listed species or adverse modification of critical habitat, a Section 7 analysis is included in a biological opinion. Biological opinions determine the effects of any proposed action, such as harvest, on species likely to be adversely affected and on any designated critical habitat.