Endangered Species Act Section 7 Program

North Atlantic right whale (Eubalaena glacialis)
Photo: David Wiley, Stellwagen Bank NMS

Section 7 Program Overview

• Federal agencies are required by Section 7 of the Endangered Species Act (ESA) to consult with NMFS (or FWS) when actions they fund, authorize or carry out may affect an ESA-listed species.
• Section 7(a)1 of the ESA requires all federal agencies to use their authorities to conduct conservation programs.
• Section 7(a)2 requires all federal agencies to ensure their actions are not likely to jeopardize the continued existence of any endangered or threatened species.
• All federal agencies must take steps avoid, minimize, or mitigate the impacts of their activities on listed species.
• NMFS also reviews non-federal activities that may affect species listed under the ESA and issues permits under section 10 for the incidental take of those species and for scientific research and enhancement purposes.