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 the 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 protect the species, 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 October 2, 2024, for Tarpon Blue Silver King I, LLC’s d/b/a Collier Enterprises Rural Lands West Project. This biological opinion, based on our review of the proposed project located in Collier County, Florida, was delivered to the Corps in February 2025. It covers the effects on the threatened Audubon’s crested caracara (Caracara plancus audubonii; caracara), threatened eastern indigo snake (Drymarchon couperi; indigo snake), endangered Florida bonneted bat (Eumops floridanus; FBB) 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) 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 Rural Lands West development in Collier 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 October 2024 consultation request, and other sources of information. 

Our opinion determined that the Rural Lands West 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 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 , no additional reasonable and prudent measures are necessary and appropriate to minimize the 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. 

The Rural Lands West project area spans approximately 10,265 acres, with plans to develop about half of it on current agricultural land. The project will place the remaining 5,242 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 remove exotic and nuisance vegetation and plant trees and ground-cover plants to support local wildlife and create 10 acres of marsh, re-establishing the historical wetland connectivity improving water quality, and maintaining wildlife corridors. The project will protect all existing and restored wetland areas under conservation easements granted to the South Florida Water Management District, with the Service holding third-party enforcement rights.

Wildlife crossings 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, and the entire 5,242-acre conservation area conservation area
A conservation area or wildlife management area is a type of national wildlife refuge that consists primarily or entirely of conservation easements on private lands. These conservation easements support private landowner efforts to protect important habitat for fish and wildlife. There are 15 conservation areas and nine wildlife management areas in the National Wildlife Refuge System.

Learn more about conservation area would comprise about 8.4% of a male’s home range or 18% of a female’s home range. 

The Service reviewed the current status of the caracara, indigo snake, Florida bonneted bat, Florida panther, 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 the Service’s biological opinion that the Rural Lands West project, as proposed, is not likely to jeopardize the continued existence of the caracara, indigo snake, Florida bonneted bat, Florida panther, and tricolored bat. 

Find the biological opinion here.