Recreational and Tribal Treaty Steelhead Fisheries in the Snake River Basin Biological Opinion on Recreational and Tribal Treaty Steelhead Fisheries in the Snake River Basin

Section 7(a)(2) of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1536(a)(2)) requires each Federal agency to ensure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of critical habitat of such species. When a Federal agency’s action “may affect” a protected species, that agency is required to consult with the National Marine Fisheries Service (NMFS) or the U.S. Fish and Wildlife Service (USFWS), depending upon the endangered species, threatened species, or designated critical habitat that may be affected by the action (50 CFR §402.14(a)). Federal agencies may fulfill this general requirement informally if they conclude that an action may affect, but “is not likely to adversely affect” endangered species, threatened species, or designated critical habitat, and NMFS or the USFWS concurs with that conclusion (50 CFR §402.14(b)).