My project is not in a critical habitat. Is it in compliance with the Endangered Species Act?
Date Published: May 2014
Not necessarily. You must consult with the Department of Interior (Fish and Wildlife Service) or the Department of Commerce (National Marine Fisheries Service) even when the project is outside of a critical habitat area to ensure that it will not adversely affect any endangered or threatened species. Critical habitats are geographic areas that have been found to be essential to the conservation of a threatened or endangered species and that may require special management and protection. Section 7 requires consultation to ensure that activities do not jeopardize the continued existence of listed species or destroy or adversely modify critical habitats. A project that is outside of any critical habitats could still jeopardize an endangered or threatened species.