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 Endangered Species Act requires federal agencies to consult with U.S. Fish and Wildlife Service on actions they fund, authorize, permit, or carry out. If the consultation shows that the proposed action may harm listed species, we must write a biological opinion. "Take" refers to any action that could disturb or injure a protected species, including significant habitat changes that affect their behavior or survival.

The biological opinion explains if the federal agency has made sure its action will not jeopardize the listed species or adversely modify its habitat. The opinion recommends how to help the protected species recover and reasonable and practical steps to reduce harm to it.

The Service received a request for consultation from the U.S. Army Corps of Engineers dated June 25, 2024, for Cam 7-Sub, LLC Kingston Project. This biological opinion, based on our review of the proposed project located in Lee County, Florida, was delivered to the Corps in January 2025. The biological opinion covers the effects on the threatened Audubon’s crested caracara (Caracara plancus audubonii; caracara), threatened eastern indigo snake (Drymarchon couperi; indigo snake), endangered Florida panther (Puma concolor coryi), and proposed-listed endangered tricolored bat (Perimyotis subflavus; TCB). It also includes and summarizes the Service’s concurrences for the Corps’ determinations for the Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida bonneted bat (Eumops floridanus; FBB), and wood stork (Mycteria americana).

Development projects that may affect endangered species prompt a thorough evaluation of the project. This evaluation focuses on how to minimize or eliminate any negative effects.

The Service’s role is to assess whether the project poses a risk of “jeopardy,” meaning it could appreciably hurt the species’ chances of survival and recovery, as defined in the Code of Federal Regulations 50 CFR 402.02 and in the Endangered Species Act. 

Under the Clean Water Act, the Corps must issue permits for projects that affect wetlands, such as the Kingston development in Lee County. Section 7(a)(2) of the Endangered Species Act requires the Corps to consult with the Service when issuing permits. We have worked closely with the Corps throughout this process, rendering this biological and conference opinion based on the information provided in the April 2024 biological assessment, the June 2024 consultation request, and other sources of information. Our opinion determined that the Kingston project is not likely to jeopardize the listed species in the area or adversely modify their critical habitat. Since conservation measures included as part of the proposed action serve to minimize and mitigate potential adverse effects to the listed species that may be present within the Action Area, no additional reasonable and prudent measure(s) are necessary and appropriate to minimize effects of the project on the species covered in this biological and conference opinion.

The ESA section 7(a)(2) requires federal agencies to consult with the Service if activities they fund, authorize or carry out may impact listed species. During this consultation, the Service can make recommendations or apply terms and conditions to minimize an adverse effect. This is what we are doing with Kingston and other similar projects that require a permit from the Corps.  

For projects that do not involve a federal agency, Section 10 of the ESA can be used so that landowners or project proponents can apply for an Incidental Take Permit if their project cannot avoid harm to listed species. Incidental Take Permits are issued if the applicant completes a Habitat Conservation Plan that demonstrates how they will avoid or minimize any impacts to the maximum extent practicable.  

For example, the Kingston project area spans approximately 6,300 acres, with plans to develop about half of it on former citrus and old agricultural land. The project will place the remaining 3,400 acres under a perpetual conservation easement conservation easement
A conservation easement is a voluntary legal agreement between a landowner and a government agency or qualified conservation organization that restricts the type and amount of development that may take place on a property in the future. Conservation easements aim to protect habitat for birds, fish and other wildlife by limiting residential, industrial or commercial development. Contracts may prohibit alteration of the natural topography, conversion of native grassland to cropland, drainage of wetland and establishment of game farms. Easement land remains in private ownership.

Learn more about conservation easement and restore it with native vegetation and hydrological improvements. The native areas will be laid out in ways that allow panthers and other wildlife to pass through the development.  

Workers will plant 120,000 trees and 4.5 million ground-cover plants to support local wildlife and restore about 422 acres of wetlands, re-establishing the historical north-to-south water flow improving water quality, and maintaining wildlife corridors. The project will protect all existing and restored wetland areas under conservation easements granted to Lee County, with the Service holding third-party enforcement rights.

Wildlife crossings, both large and small, will be integrated into the infrastructure of the project, along with traffic control and speed reduction measures. Workers will install these features in phases as they build the homes. While restoration and habitat management activities may temporarily disturb panthers, they are not expected to alter panther behavior and will ultimately benefit both the panthers and their prey.

Panther home ranges are large, 62,542 acres for males and 29,059 acres for females, so the entire 6,300-acre project site would comprise about 10% of a male’s home range or 22% of a female’s home range.

The Service collaborates with local and county governments, the Florida Department of Transportation, and other stakeholders to educate drivers and fund projects that help panthers safely navigate roadways. Florida Department of Transportation and financial contributions from developers assist in planning or installing crossings built by various entities.

In July 2024, we signed an agreement with the Fish and Wildlife Foundation of Florida. The Foundation collects contributions from developers to support panther recovery efforts, which include acquiring land, monitoring the panther population, and planning and installing wildlife crossings.

The Service reviewed the current status of the caracara, indigo snake, panther, and tricolored bat, the environmental baseline for 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 , the effects of the proposed action, and the cumulative effects, and it is our biological opinion that the Kingston project, as proposed, is not likely to jeopardize the continued existence of the caracara, indigo snake, panther, and tricolored bat. 

Find the biological opinion here.