Biological Opinion on the Bureau of Ocean Energy Management's Issuance of Five Oil and Gas Permits for Geological and Geophysical Seismic Surveys off the Atlantic Coast of the United States, and the National Marine Fisheries Services' Issuance of Associated Incidental Harassment Authorizations

The Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. §1531 et seq.) establishes a national program for conserving threatened and endangered species of fish, wildlife, plants, and the habitat they depend on. Section 7(a)(2) of the ESA requires Federal agencies to insure that their actions are not likely to jeopardize the continued existence of endangered or threatened species or adversely modify or destroy their designated critical habitat. Federal agencies must do so in consultation with the National Marine Fisheries Service (NMFS) for actions that may affect species listed as threatened or endangered or critical habitat designated for such species under Section 4 of the ESA that are under NMFS jurisdiction (50 C.F.R. §402.14(a)). If a Federal action agency determines that an action “may affect, but is not likely to adversely affect” endangered species, threatened species, or designated critical habitat and NMFS concurs with that determination for species under NMFS jurisdiction, consultation concludes informally (50 C.F.R. §402.14(b)).