Virginia Ecological Services Field Office

Overview 

[Last updated: December 6, 2024]

This online project review process facilitates compliance with the Endangered Species Act (16 USC 1536), as amended (ESA). It is intended to 1) facilitate Federal interagency consultation requirements under Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7 of the ESA for Federal action agencies (or officially designated non-federal representatives in the event of informal consultation), and 2) provide technical assistance/information for non-federal users. Following the steps below enables users to quickly reach accurate determinations regarding potential effects of their action to federally listed or proposed threatened and endangered species and designated or proposed critical habitat as required under the ESA. It provides information to help ensure that trust resources are considered and conserved while planning and conducting activities. Landowners, applicants, consultants, agency personnel, and any other individual or entity requiring U.S. Fish and Wildlife Service (Service) review or approval of their project within the Commonwealth of Virginia should complete this online process before contacting our office.

Federal Action Agencies:

Through this process, you will follow step-by-step guidance and access information that will allow you to identify threatened and endangered species, designated critical habitat, and other Federal trust resources that may be affected by your project. You will then assess whether your project is likely to affect these resources. If upon completion of this process you determine that your project will have no effect on these resources, no further coordination is required. If you determine your project may affect but is not likely to adversely affect these resources, you can certify these determinations with our self-certification process. If your project may adversely affect any resources, the review package developed through the process will expedite further review when it is submitted to our office. At the end of this project review process, you will be able to: (1) certify that you have completed required coordination with the Service under Section 7 of the ESA; or (2) expedite additional review by the Service. This process also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 USC 4321-4347, 83 Stat. 852), as amended.

NOTE: Only Federal action agencies (or their officially designated non-Federal representatives, per 50 CFR 402.08, in the event of informal consultation) have the authority and responsibility to initiate and complete Section 7 consultation under the ESA. The Service is only authorized to consult with Federal action agencies (or their officially designated non-federal representatives in the event of informal consultation). If your project has a Federal nexus (e.g., the project is authorized, funded, or carried out, in whole or in part, by a Federal agency), a point of contact from the Federal action agency or designated non-federal representative must be engaged in the consultation process; project information sent to the Virginia Field Office by a consultant/contractor may not satisfy ESA Section 7 requirements. Consultants/contractors should use our online project review Steps 1 through 4 to provide the action agency or designated non-federal representative with the complete information they will need to make determinations (Step 5) and initiate consultation under Section 7 of the ESA on their Federal action (Step 6). Section 7 consultation is not complete until the Federal action agency or designated non-federal representative submits a determination of effects to this office, and the Service concurs with their determination.

If this is your first time using the online project review process, or you may benefit from additional background information on the ESA and interagency cooperation under Section 7, review the background and guidance materials prior to beginning Step 1. Endangered Species Guidelines and Guidance Documents are available on the Service ESA Section 7 Consultation webpage. If you need additional information, please contact virginiafieldoffice@fws.gov. For information on reducing impacts to species in Virginia, please refer to the Virginia Department of Wildlife Resources Time of Year Restrictions and Other Guidance.  Note: for bats, refer to the most up to date Time of Year Restrictions in Appendix L of the USFWS Rangewide Indiana Bat and Northern Long-eared Bat Survey Guidelines.

No Federal Nexus/Technical Assistance:

If your project does not have a Federal nexus and you are seeking technical assistance/information outside of ESA Section 7 compliance, please follow the online review process Steps 1-5 below. If you need further assistance, please submit the results of Steps 1-5 to virginiafieldoffice@fws.gov and clearly state that you are making a non-consultation request (i.e. seeking technical assistance, scoping comments, etc.).

NOTES:

• Items that are in blue text are links to additional information or to additional steps in the process.  We recommend that you read the entire step prior to making a selection or prior to following the links.
• In Step 3 you will be directed to the Service’s Information, Planning, and Consultation System (  IPaC IPaC
  Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process
  
  Learn more about IPaC  ) to generate a species list. IPaC is a tool used by the Service to facilitate review, it is not the entire review process. Complete all 6 steps below to develop a complete project package.

Coal Permit Applications

For coal permit applications (new, renewals, amendments or significant revisions), follow steps 1-5 of the project review process listed below. Refer to the “What to Submit” table under Step 6 and include the listed items for Steps 1-5 and any supporting documents (species surveys, habitat assessments, PEPs, narratives) in Section 8.7 of e-Forms. 

Wind Energy Projects

For offshore wind energy projects, contact Bureau of Ocean Energy Management (BOEM) for guidelines on coordination with the Service. 

For land-based wind energy projects, the Service has developed voluntary guidelines to help wind energy project developers avoid and minimize impacts on wildlife and their habitats. The Service encourages you to use these voluntary guidelines and when submitting your package to this office, provide us with detailed information on how you have applied the guidelines. Go to the Service's Energy Project Review page for additional information. 

Communications Tower Projects

For communications tower projects, the Service encourages co-locating with other equipment and/or lowering tower height to the extent practicable, minimizing lighting, locating the tower in urbanized or developed areas or other areas that do not provide potential habitat for migratory birds, and incorporating as many recommendations from the U.S. Fish and Wildlife Service Communication Tower Guidance as possible. 

No further coordination with the Service is needed if your project is one of the following types of proposed actions that will have "no effect" on federally proposed/listed threatened or endangered species and federally proposed/designated critical habitat: (1) co-location of new equipment or antennae or any infrastructure improvements at an existing structure structure
Something temporarily or permanently constructed, built, or placed; and constructed of natural or manufactured parts including, but not limited to, a building, shed, cabin, porch, bridge, walkway, stair steps, sign, landing, platform, dock, rack, fence, telecommunication device, antennae, fish cleaning table, satellite dish/mount, or well head.

Learn more about structure (tower, water tank, building, etc.) where all ground disturbance occurs within cleared or regularly mowed areas; (2) routine maintenance or repair of existing towers or their sites; (3) transfer of ownership of existing towers. If your project is not one of these actions, follow the project review guidelines.

Bald & Golden Eagles/Migratory Birds

Many bird species in Virginia are protected under the Migratory Bird Treaty Act and/or Bald and Golden Eagle Protection Act. The Virginia Field Office does not review projects for compliance with these Acts. Therefore, no documentation on migratory birds or eagles needs to be submitted to the Virginia Field Office. Additional information to assist you in complying with these laws may be found here:

• For questions about migratory birds, visit the Service’s Migratory Bird Treaty Act Page , or contact the U.S. Fish & Wildlife Service’s Northeast Regional Migratory Bird Permit Office at PermitsR5MB@fws.gov
• For questions about bald and golden eagles, visit the Service's Eagle Management Page, or contact Shaughn Galloway, the U.S. Fish & Wildlife Service’s Northeast Regional Eagle Coordinator at shaughn_galloway@fws.gov. For applicants that are considering potential project impacts to eagles, reference the Northeast Bald Eagle Project Screening form.

To begin the project review process, proceed to Step 1.

STEP 1:  DESCRIBE THE ACTION

To determine how elements of your project may interact with listed or proposed species and/or their habitats, a detailed account of all project elements is necessary. Provide a detailed project description including:

• Timing
• Location
• Scope (e.g., installation of rip rap scour protection)
• Size
• Methods
• Equipment and materials being used
• Engineering specifications
• Measures intended to avoid or minimize adverse impacts to listed species and their habitat, and to critical habitat
• Photos of the area and equipment, maps, diagrams, etc.
• Any other details that are pertinent to understanding the action in its entirety 

Attach the detailed project description to your consultation package for submission. Continue to Step 2.

STEP 2:  DEFINE THE ACTION AREA 

For consultation under the ESA, the action area action area
All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Learn more about action area is defined by regulation as all areas to be affected directly or indirectly by the action and not merely the immediate area involved in the action (50 CFR §402.02) (see picture below). This analysis is not limited to the "footprint" of the action nor is it limited by the Federal agency's authority. Rather, it encompasses all temporary and permanent changes to “land, water, and air” caused by activities that would not occur but for the proposed action, and are reasonably certain to occur.

Image Details

When determining the action area for your project, consider the following example areas of impact:

• The entire limits of disturbance, including proposed access routes and temporary work spaces as well as areas of permanent impacts
• Areas upstream and downstream of activities that may alter stream or river flow
• Areas upstream and downstream of instream work
• Areas downstream of new ground or surface water discharges of any kind (e.g., stormwater, wastewater, cooling water)
• Areas downstream of where sediment-generating activities are proposed near a stream or river
• Areas downstream of where pollutants (e.g., petroleum products, pesticides, herbicides) will be used or stored near a waterway or tributary to a waterway
• Areas impacted by new or increased surface water withdrawals
• The entire area in which groundwater tables may be affected (e.g., draw down, reversal of flow, introduction of petroleum products, pesticides, etc.) as a result of a new or increased ground or surface water withdrawals and/or chemical use
• All wetlands and waterbodies down-gradient of vegetation clearing
• All wetlands and waterbodies down-gradient of sediment-generating activities
• All wetlands and waterbodies down-gradient of proposed new impervious surface
• All areas likely to experience increased erosion as a result of project activities
• All areas in which project activities will be audible or visible, including lighting effects
• All areas which may become inaccessible as a result of new or enlarged barriers to movement (e.g., roads, rail lines, dams, reduced flow)
• All areas which may change habitat type as a result of project activities   
• All areas in which the composition of species (e.g., invertebrates) may be impacted by project activities (e.g., through drift of placed sediments, pesticide overspray)
• All areas subject to new or increased public, recreational, or other human uses (either legal or illegal) as a result of new access routes or infrastructure included in the project plans
• All areas affected by reasonably foreseeable future that would not occur without ("but for") the project currently being proposed

Your action area will be drawn in Step 3ausing the Service’s IPaC system. Incorrectly defining the action area will likely result in incorrect species/critical habitat determinations and may result in lack of ESA compliance. Continue to Step 3a.

STEP 3a:  GENERATE AN OFFICIAL SPECIES LIST AND BEGIN A SPECIES DETERMINATION TABLE

1. To generate an Official Species List log into IPaC.
2. Once in IPaC IPaC
   Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process
   
   Learn more about IPaC , follow the steps to identify project action area action area
   All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.
   
   Learn more about action area (see Step 2 abovefor additional information).
3. Provide requested project information and request an Official Species List.
4. An Official Species List will not have a “not for consultation” watermark. 
5. Once an Official Species List has been generated, download the template for the ESA Section 7 Determination Table and transfer all species and critical habitat listed on the Official Species List to the first column. You will complete other columns in this table as you progress through additional steps in this online project review process. Continue to Step 3b.
6. If there are no listed species or critical habitat on the Official Species List, no further consultation is required.

Consultation Package Builder (CPB) went live in IPaC on December 29, 2020. CPB is a tool that guides you through evaluating and documenting your project's potential effects on species protected by the ESA. At this time, our office is not requiring the use of CPB by any individual seeking review or approval of their project in Virginia by the U.S. Fish and Wildlife Service. You can exit the IPaC review process after completing steps 1&2 to avoid the use of CPB in step 3. After exiting the IPaC review process, please continue using our online review process to complete building your project package.

Please note that our office is working to develop guidance on when it is appropriate to use CPB to evaluate and document your project's potential effects on listed species. We will post this guidance to our website when it becomes available. In the interim, CPB can be used as a learning tool for individuals new to ESA consultations or those looking to enhance their understanding of the consultation process. If you have any questions, please feel free to contact our office via email at VirginiaFieldOffice@fws.gov.

STEP 3b:  ADDRESS NORTHERN LONG-EARED BAT (NLEB)

The Northern Long-eared Bat (NLEB) and Tricolored Bat (TCB) Rangewide Determination Key (Dkey) was made available on the Service’s Information for Planning and Consultation ( IPaC IPaC
Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process

Learn more about IPaC ) website on October 23, 2024. If the NLEB appears on your Official Species List, use this Dkey to reach appropriate effect determinations for the NLEB and TCB. 

For ongoing projects that previously used the NLEB Rangewide Dkey, rather than waiting 90-days to update your Official Species List, our office recommends that project proponents request a new Official Species List through the HYPERLINK "https://ipac.ecosphere.fws.gov/". If the NLEB appears on the IPaC-generated Official Species List, we recommend re-running the project under the NLEB and TCB Rangewide Dkey. Note: the NLEB consultation range and standing analysis of effects from project activities on the NLEB have been updated based on the best available information. Therefore, any determinations reached using the NLEB Rangewide Dkey may no longer be valid.

NLEB Project Review Guidance

If there are no other species or critical habitat on your Official Species List (in addition to the NLEB), you have utilized the Dkey, and you have reached a “no effect” determination for the NLEB using the Dkey, you do not need to submit anything to this office for review.

If you have reached a “may affect, not likely to adversely affect” determination for the NLEB using the Dkey and there are additional species or critical habitat on your Official Species List, continue working through the online review process. If there are no additional species or critical habitat on your Official Species List (aside from the NLEB) and you have reached a “may affect, not likely to adversely affect” determination using the Dkey, you do not need to submit anything to our office.

If you have reached a “may affect” determination for the NLEB using the Dkey, continue working through the online review process. Submit a project package to our office for review. Include any conservation measures the project will implement to reduce potential impacts to the NLEB in the ESA Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7 Determination Table.

Conservation Measures to Consider 

We encourage all Federal agencies to fulfill their Section 7(a)(1) obligations by carrying out the conservation measures listed below. We also encourage non-Federal project proponents to implement the following conservation measures.

• Perform NLEB surveys according to the most updated version of the Service’s Rangewide bat summer survey guidelines.

• Implement a time-of-year restriction (TOYR) for activities that may impact bats. 

  • TOYR for the hibernating range

  April 1 - November 15

  Timeframe when bats are active on the landscape

  • TOYR for year-round active range

  December 15 - February 15	Timeframe when mean winter temperatures fall below 40° F and bats roosting in trees are in torpor (e.g., lowered state of metabolic activity)
  April 1 - July 15	Timeframe when bats are present on their summer home range and/or roosting in colonies

• Avoid clearing suitable spring staging and fall swarming habitat within a 5-mile radius of known or assumed NLEB hibernacula during the spring staging and fall swarming season (April 1- May 14 and August 16 – November 15, respectively).
• Manage forests to ensure a continual supply of snags and other suitable maternity roosts trees.
• Implement a TOYR from April 1 through November 15 for the hibernating range when performing bridge repair, retrofit, maintenance, and/or rehabilitation work in areas where NLEB are known to roost on bridges or where such use is likely OR implement the following TOYRs in the year-round active range: December 15 – February 15 and April 1 – July 15.     
• Implement a TOYR from April 1 through November 15 for the hibernating range when using military smoke and obscurants within forested suitable NLEB habitat OR implement the following TOYRs in the year-round active range: December 15 – February 15 and April 1 – July 15.
• Minimize use of herbicides and pesticides. If necessary, spot treatment is preferred over aerial application.
• Evaluate the use of outdoor lighting and seek to minimize light pollution by angling lights downward or via other light minimization measures.
• Participate in actions to manage and reduce the impacts of white nose syndrome (WNS) on NLEBs. Actions needed to investigate and manage WNS are described in a national plan the Service developed in coordination with other state and Federal agencies.​​​​​​​

STEP 3c:  ADDRESS TRICOLORED BAT (TCB)

On 9/13/22, the Service announced a proposal to list the TCB as endangered under the ESA. A final determination as to whether the Service will list the TCB as an endangered species or withdraw that proposal is still pending. Project proponents are not required to conference with the Service on proposed species unless their action is likely to jeopardize the continued existence of the species. Project proponents can, however, request informal or formal conference with the Service for a proposed species. The benefit of completing informal or formal conferencing for the TCB is that, in the event the species becomes listed prior to the completion of project activities that may impact the TCB, the conference determinations may be adopted to satisfy ESA consultation requirements for this species and project activities will not be interrupted by the requirement to re-initiate consultation.

If the TCB appears on an  IPaC IPaC
Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process

Learn more about IPaC -generated official species list and you wish to initiate informal or formal conference with our office, please use the NLEB and TCB Rangewide Determination Key available on the Service’s IPaC website to reach an appropriate effect determination for TCB. If your project reaches a “may affect” determination, our office will work with you to complete conferencing.

STEP 3d:  DETERMINE IF CRITICAL HABITAT IS PRESENT

Critical habitat is a term defined and used in the ESA. It is specific geographic areas that contain features essential to the conservation of an endangered or threatened species and that may require special management and protection. Critical habitat may also include areas that are not currently occupied by the species but will be needed for its recovery. Specific areas are designated as critical habitat for a listed species through Federal rule-making processes. Not all listed species have designated critical habitat.

Note: If an area is not designated critical habitat for a species, it is still possible for a species to be present if suitable habitat is available (see Step 4).    

To address critical habitat for your project, add another row for critical habitat to your ESA Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7 Determination Table and use the following steps to determine if critical habitat is within your action area action area
All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Learn more about action area :

A. Using the Virginia Field Office Critical Habitat Map Tool,determine if the project action area intersects federally designated critical habitat. This extra step is necessary because some critical habitats on waterbodies are represented by a line on the map and do not adequately represent the entire waterbody (e.g., bank to bank on the stream or river). Therefore, if your project action area intersects any waterbody that has a line drawn for designated critical habitat on the Map Tool, then include critical habitat on your ESA Section 7 Determination Table.

B. If the action area intersects critical habitat, complete the first 3 columns of your ESA Section 7 Determination Table as shown. Continue to Step 4.

C. If the action area does not intersect critical habitat, complete the ESA Section 7 Determination Table as shown below.

D. If the action area does not intersect critical habitat and the Official Species List does not list any species proceed to Step 6 to print a Self-Certification Letter for your records. This project does not need to be submitted to this office.

Otherwise continue to Step 4.

STEP 4:  DETERMINE IF SUITABLE HABITAT IS PRESENT

A. For each species on the Official Species List, identify the habitat type used. To identify habitat for each species, review the species information provided in IPaC, the information provided by VDWR and Virginia Department of Conservation and Recreation – Natural Heritage Program (VDCR-NHP), and any other sources of information available.

B. For each species on the Official Species List answer the following: Does the  action area action area
All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Learn more about action area contain the identified habitat for each species on the Official Species List?

In some cases, a detailed description of the habitat and appropriate site photos will suffice to determine if suitable habitat is present. However, habitat assessments can be used to identify if habitat in the action area is present for a species or not. Habitat assessments need to be conducted by a qualified surveyor, and a list of approved surveyors can be found in the Approved Surveyor Lists in our library collection. 

If no suitable habitat is present, complete the ESA Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7 Determination Table as shown.

If yes, for each species with suitable habitat present answer the following: Is the species present?

While not necessary for all projects, surveys can be used to determine if a species is present within suitable habitat in the action area. Surveys need to be conducted by an approved surveyor. The names of approved surveyors can be found in the Approved Surveyor Lists in our library collection. For information on how to become an approved surveyor, contact virginiafieldoffice@fws.gov with the subject line “Request to Become Approved Surveyor". Note: If you select an individual not on the approved surveyor list to conduct habitat assessments/surveys for the referenced species, provide the individual’s qualifications to this office for review and approval 60 days prior to the start of the survey.

If the species is present, complete columns 2 and 3 of the ESA Section 7 Determination Table as shown.

If the species is not present, complete columns 2 and 3 of the ESA Section 7 Determination Table as shown.

Continue to Step 5.

STEP 5:  MAKE APPROPRIATE ESA SECTION 7 DETERMINATIONS

When you have identified the appropriate species/habitat presence scenario for each species in your project’s action area action area
All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Learn more about action area , these keys facilitate making appropriate ESA Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7 determinations for each species. For each row in your ESA Section 7 Determination Table that has not been completed in the steps above, use the steps outlined in the key below to make your ESA Section 7 Determination for each species or critical habitat (Not Likely to Adversely Affect OR Likely to Adversely Affect) in column 4. The “available evidence” includes all project components, species biology/ecology, critical habitat physical and biological features information, and how those may interact. In the final column, describe the supporting evidence for your determination including elements of your project that will or will not cause adverse effects and why, based on the species biology and/or physical and biological features of critical habitat.

Section 7 Determinations: Reasoning and Decision – Listed Species

Apply the available evidence to determine answers to the following sets of questions. If suitable habitat is present, start at B.

A:

There is no overlap in space or time between proposed project and listed/proposed species or their habitat, or designated/proposed critical habitat. [i.e., no suitable habitat present]......No effect, Go to Step 6

There is overlap in space or time between proposed project and listed/proposed species or their habitat, or designated/proposed critical habitat. [i.e., no suitable habitat present]..................May affect, Go to B

B:

Individuals of a listed/proposed species are not likely to be exposed to one or more consequences of the proposed project.......................................................................................................NLAA, Go to Step 6

Individuals of a listed/proposed species are likely to be exposed to one or more consequences of the proposed project..........................................................................................................................N/A, Go to C

C:

Individuals of a listed/proposed species are not likely to respond upon being exposed to one or more consequences of the proposed project............................................................................NLAA, Go to Step 6

Individuals of a listed/proposed species are likely to respond upon being exposed to one or more consequences of the proposed project...............................................................................................N/A, Go to D

D:

Upon exposure to one or more of the effects of the proposed project, any responses are not likely to reduce the fitness of an individual of a listed/proposed species that has been exposed....NLAA, Go to Step 6

Upon exposure to one or more of the effects of the proposed project, any responses are likely to reduce the fitness of an individual of a listed/proposed species that has been exposed.......Possible LAA, Submit Review Request

NLAA = Not likely to adversely affect

LAA = Likely to adversely affect

Section 7 Determinations: Reasoning and Decision – Critical Habitat

Apply the available evidence to determine answers to the following sets of questions. If suitable habitat is present, start at B.

A:

There is no overlap in time and space between the proposed project and designated/proposed critical habitat........................................................................................................................No effect, Go to Step 6

There is overlap in time and space between the proposed project and designated/proposed critical habitat...................................................................................................................................May affect, Go to B

B:

Areas of designated/proposed critical habitat are not likely to be exposed to one or more consequences of the proposed project..............................................................................................................................NLAA, Go to Step 6

Areas of designated/proposed critical habitat are likely to be exposed to one or more consequences of the proposed project..........................................................................................................................................N/A, Go to C

C:

The quantity, quality, or availability of one or more physical or biological features of critical habitat are not likely to be reduced upon being exposed to one or more consequences produced by the proposed project......NLAA, Go to Step 6

The quantity, quality, or availability of one or more physical or biological features of critical habitat are likely to be reduced upon being exposed to one or more consequences produced by the proposed project.........Possible LAA, Submit a Review Request

NLAA = Not likely to adversely affect

LAA = Likely to adversely affect

ESA Section 7 Determination Table EXAMPLES:

Culvert replacement example:

Ditching/ditch clearing example:

Bridge construction example:

Continue to Step 6.

STEP 6:  PROJECT REVIEW PACKAGE SUBMITTAL

If you reach No Effect determinationsfor all species and critical habitat, our office recommends that you save your rationale for your records. This project does not need to be submitted to this office.

If you reach a Not Likely to Adversely Affect and/or No Effect determination for all species and critical habitat: submit a Self-Certification Letter (PDF) and your project package to this office following instructions below.

If you reach a Likely to Adversely Affect determinationfor any species or critical habitat:

1. Review the elements of your project that are likely to cause adverse effects and determine if they can be changed or modified in a way that will no longer cause adverse effects. You may contact our office to obtain assistance. If your project can be modified, revise your project description and/or action area action area
   All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.
   
   Learn more about action area to reflect project modifications and revise your ESA Section 7 Section 7
   Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.
   
   Learn more about Section 7 determinations. If all Section 7 determinations are revised to either No Effect or Not Likely to Adversely Affect, submit a Self-Certification Letter and your project package to this office following instructions below.
2. If there are no feasible project modifications to avoid adverse impacts to individuals of a listed species or critical habitat, submit a Review Request Letter and your project package to this office following the instructions below and the Service will review your package and assist you with further steps.

Follow this key to determine if you should submit your package for review:

A:

Your project is a wind energy project..................Contact BOEM and follow guidance provided for coordination with the Service (see “Overview” section above)

Your project is not a wind energy project..................Go to B

B:

All ESA Section 7 determinations are No Effect.........DO NOT SUBMIT PACKAGE

All ESA Section 7 determinations are not No Effect.........Go to C

C:

All ESA Section 7 determinations are Not Likely to Adversely Affect or a combination of No Effect and Not Likely to Adversely Affect.......Print Self Certification letter and SUBMIT REVIEW PACKAGE

Any ESA Section 7 determination is Likely to Adversely Affect..............Print Review Letter and SUBMIT REVIEW PACKAGE

If you have submitted a Self-Certification Letter, you will typically not receive a response as the Self-Certification Letter is our official response. However, if we have questions or we do not concur with your Section 7 determinations, we will contact you during the 60 day review period (74 FR 20423, May 4, 2009, as amended at 84 FR 45016, Aug. 27, 2019). If you have submitted a Review Request Letter, we will contact you during the 60 day review period (74 FR 20423, May 4, 2009, as amended at 84 FR 45016, Aug. 27, 2019).

Should project plans change or if additional information on the distribution of proposed or listed species and/or proposed or designated critical habitat becomes available, your determinations should be reevaluated and resubmitted for review, if necessary.

Note: If you have all Not Likely to Adversely Affect or No Effect Section 7 determinations, but are unsure about something or want the Service to review your project more closely, submit a Review Request instead of a Self-Certification.

If you are required to submit your package for review:

What to submit

How to Submit

Packages should be submitted by email. In your email subject line, title your email either; a) “Review Request Letter," b) "Self-Certification Letter," or c) “Technical Assistance Request.” These phrases should be followed by your project’s name.  Note, all emails including attachments, must be smaller than 25 MB*. Address email packages to virginiafieldoffice@fws.gov. All project reviews will receive a return receipt to inform you that your project has been successfully submitted to this office.

If a single email would be larger than 25 MB, provide the attachments by sending multiple emails (use the same subject line in all emails related to an individual project).