The U.S. Fish and Wildlife Service's (Service) New York and Long Island Field Offices (NYFO and LIFO) routinely provide technical assistance to private individuals and organizations, as well as Federal, state, and local agencies on various development projects pursuant to the Endangered Species Act (ESA) (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.). Please see the information below to help you work through the project review process.
We are currently experiencing a high demand for ESA project reviews and staff shortages. To ensure that your project review packages are reviewed as efficiently as possible, please follow the 7-step process below, include an Official Species List (OSL) from the Information for Planning and Consultation ( IPaC IPaC Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process
Current project review times can vary, possibly 60 days or more. Every project review is important to us; we will do our very best to address project reviews in a timely fashion. Your patience is appreciated.
Through this process, you will follow step-by-step guidance and access information that will allow you to identify ESA species and designated critical habitat that may be affected by a project.
PLEASE REVIEW THIS STEP-BY-STEP PROCESS BEFORE CONTACTING NYFO AND LIFO FOR ASSISTANCE. If, at any step, you need technical assistance to figure out what to do or how to interpret biological information, please send an email to [email protected]. For projects in the New York City area and Long Island, including Rockland and Westchester Counties, denote email correspondence ATTN: LIFO in the body of the email. For projects throughout the rest of New York State, denote email correspondence ATTN: NYFO in the body of the email. Please refer to this website for each project review to ensure you are using current information.
We recommend downloading and using the ESA Determination Table template throughout the 7-step process. This table will be referenced throughout the process and will help facilitate completion of consultation.
Does your project fall under ESA section 7 or 10? This will affect how you follow our 7-step process.
If there is a Federal Nexus (ESA 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.
Federal agencies will assess and make a determination as to whether a project is likely to affect (can be adverse or beneficial) these resources. Only Federal agencies (or their designated NFR during informal consultation) have the responsibility to initiate and complete ESA Section 7 consultations. If your project has a Federal nexus (e.g., authorized, funded, or carried out in whole or in part by a Federal agency), a point of contact from that agency or designated NFR must be engaged in the consultation process; the Service is only authorized to consult with Federal agencies or their designated NFR. Information sent by consultants to NYFO and LIFO may not satisfy ESA Section 7 requirements. Consultants should use our online project review process to provide necessary information for species effects determinations (Step 6) and to initiate consultation under ESA Section 7 (Step 7). ESA Section 7 consultation is not complete until the Federal agency or designated NFR submits a determination of effects to NYFO or LIFO, and the Service concurs.
If there is No Federal Nexus (ESA Section 10)
If your project does not have a Federal nexus and you are seeking technical assistance/information outside of ESA Section 7 compliance, please follow the online review process Steps 1-7 below, and skip Step 5 (Determine Presence of Federally Designated Critical Habitat). If you need further assistance, please submit as much information as you can to [email protected] and clearly state that you are requesting technical assistance.
STEP 1: DESCRIBE THE ACTION
We require a detailed account of all project elements to determine how elements of your project may intersect with ESA species and/or their habitats or to federally designated or proposed critical habitat. Provide a detailed project description including:
Timing
Location
Scope
Size
Methods, equipment, and materials used in site preparation and construction (tree/vegetation clearing, grading, digging, blasting, drilling etc.)
Engineering specifications
Measures intended to avoid or minimize adverse impacts to federally listed or proposed species and their habitat, and to critical habitat
Photos of the area and equipment, maps, diagrams, etc.
Any other details that are pertinent to understanding the action in its entirety
You can review the Project Submittal Checklist to review appropriate information that is typically included in a project submittal. Attach the detailed project description to your consultation package for submission or upload to your project file in when prompted to do so below.
Figure 1. Action Area Diagram. This figure shows how an 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.
For ESA consultation, the action area is defined by regulation as 鈥渁ll areas to be affected directly or indirectly by the action and not merely the immediate area involved in the action鈥� (50 CFR 搂402.02) (Figure 1). This analysis is not limited to the "footprint" of the action, nor is it limited by a Federal agency's authority. Rather, it encompasses all temporary and permanent changes to 鈥渓and, water, and air鈥� caused by activities that would not occur but for the proposed action and are reasonably certain to occur.
When determining the action area for your project, consider ground and vegetation disturbance, hydrologic/hydraulic effects, air/water quality effects, visual disturbance or lighting effects, noise and vibration disturbance, landscape-level effects, and secondary areas that may be affected.
Your action area will be drawn in Step 3 using the Service鈥檚 system. When prompted, draw a line delineating the action area around all the impacted areas, which usually extends beyond the project footprint.
Note: Incorrectly defining the action area may result in incorrect ESA species/critical habitat identifications on Official Species Lists (see Step 3), incorrect effects determinations through use of the IPaC IPaC Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process
Learn more about IPaC Determination Keys (see Step 6), increase time spent on review of a project, and may result in ESA non-compliance.
Example Action Areas
The Service recommends that project proponents delineate the action area to include (but not limited to) the following:
The entire limits of disturbance, including temporary or permanent access routes and workspaces.
Areas upstream and downstream of activities that may alter stream or river flow (e.g., impoundments).
Areas upstream and downstream of instream work.
Areas downstream of new ground or surface water discharges of any kind (e.g., stormwater, wastewater, cooling water).
Areas downstream of where sediment-generating activities are proposed near a stream or river.
Areas downstream of where pollutants (e.g., petroleum products, pesticides, herbicides) will be used or stored near a waterway or tributary to a waterway.
Areas impacted by new or increased surface water withdrawals.
The entire area in which groundwater tables may be affected (e.g., draw down, reversal of flow, introduction of petroleum products, pesticides, etc.) as a result of a new or increased ground or surface water withdrawals and/or chemical use.
All wetlands and waterbodies down-gradient of vegetation clearing.
All wetlands and waterbodies down-gradient of sediment-generating activities.
All wetlands and waterbodies down-gradient of proposed new impervious surface.
All areas likely to experience increased erosion as a result of project activities.
All areas in which project activities will be audible or visible, including lighting effects.
All areas which may become inaccessible due to new/enlarged barriers to movement (e.g., roads, rail lines, dams, reduced flow).
All areas which may change habitat type as a result of project activities (e.g., create edge effects, reduce habitat connectivity).
All areas where suitable or optimal habitat features may be precluded or delayed in forming as a result of project activities.
All areas in which wildlife prey resources (e.g., invertebrates) may be impacted by project activities (e.g., through drift of placed sediments, pesticide overspray).
All areas subject to new or increased public, recreational, or other human uses (either legal or illegal) as a result of new access routes or infrastructure included in the project plans.
All areas affected by reasonably foreseeable future that would not occur without ("but for") the project currently being proposed.
STEP 3: GENERATE AN OFFICIAL SPECIES LIST (OSL) ON IPaC
To generate an OSL, log into .
Click on 鈥淕et Started鈥� or 鈥淟og In.鈥�
On the 鈥淒efine Area鈥� screen, draw the action area of the proposed project. Alternatively, a shapefile of the action area may be uploaded. See Step 2 for information on determining an action area.
Click on 鈥淒efine Project鈥� and provide a Project Name and Project Description (see Step 1 for guidance on describing the action).
Project Name Format: Date(YYYYMMDD)_Project Proponent_Unique Identifier(if applicable)_Description.docx
Project Name Example: 20250512_EnviroConsultant_1234_OrangeCountySolarProject.docx
Click on 鈥淪tart Review鈥� and request an OSL.
View and download the OSL for your files, which includes all ESA species and designated or proposed critical habitats that may occur in the vicinity of the action area.
Once an OSL has been generated, we recommend using the ESA Determination Table template, which can also be used for ESA Section 10 projects. Transfer all species and critical habitat listed on the OSL to the first column. You will complete other columns in this table as you progress through additional steps in this online project review process. Continue to Step 4.
If there are no listed species or critical habitat on the OSL, no further consultation is required. Please do not submit project for review.
Frequently Asked Questions
How often should I refresh my OSL? An OSL is valid for only 90 days because the listing status of ESA species may change and/or new occurrences may be found.
How do I use IPaC? IPaC has thorough directions built into the system, as well as How-To videos and FAQs if you scroll to the bottom of the home page.
What if or proposed critical habitat are identified on the OSL? Proposed species or proposed critical habitat are species/critical habitat proposed for federal listing under the ESA. Federal agencies can include proposed species/critical habitat in the consultation process and follow 鈥渃onferencing鈥� procedures. Conferencing is a process of early interagency cooperation involving informal or formal discussions between a Federal agency and the Service pursuant to Section 7(a)(4) of the ESA regarding the likely impact of an action on proposed species or proposed critical habitat. Conferences are: (1) required for proposed Federal actions likely to jeopardize proposed species, or destroy or adversely modify proposed critical habitat; (2) designed to help Federal agencies identify and resolve potential conflicts between an action and species conservation early in a project's planning; and (3) designed to develop recommendations to minimize or avoid adverse effects to proposed species or proposed critical habitat [50 CFR 搂402.02, 50 CFR 搂402.10]. Conferencing is notrequired for Federal actions that are not likely to jeopardize proposed species or destroy and adversely modify proposed critical habitat.
For each ESA species on the OSL, familiarize yourself with the species鈥� suitable habitat.
Descriptions of suitable habitat for each ESA species, can be found in multiple sources including , the New York and Long Island Field Offices species webpages, information provided by the and , the Service鈥檚 , and any other sources of information available.
Note: Suitable habitat is not the same as federally designated critical habitat.
Evaluate whether the action area contains suitable habitat for each ESA species.
In some cases, a detailed description of the habitat and appropriate site photos will suffice to determine if suitable habitat is present. However, habitat assessments can be used to identify if suitable habitat in the action area is present for an ESA species or not. Habitat assessments need to be conducted by a biologist familiar with the habitat requirements of the species and trees and plant identification of the region. Phase 2 hand-capture surveys for bog turtles should be conducted by a Service-approved and NYSDEC-permitted qualified surveyor (see table below).
Review the guidance available for assessing suitable habitat.
This table provides Service-approved guidance for habitat assessments and P/A surveys.
3. For each ESA species on the OSL, answer: Does the action area contain suitable habitat?
a. If suitable habitat is NOT present, a "No Effect" determination may be appropriate for those species since it is likely absent from the action area. Complete the ESA Determination Table as shown in the example.
Species/Resource Name
Habitat/Species Presence in Action Area
Sources of Info
ESA Section 7 Determination
Project Elements that Support Determination
Northern long-eared bat
No suitable habitat present
[Example language: Phase 1 survey and data form]
No Effect
[Example language: See Phase 1 data forms where criteria for suitable habitat were not met, and therefore species is absent from action area.]
b. If suitable habitat IS present for one or more ESA species, answer: Is the species potentially present? While not necessary for all projects, presence/probable absence (P/A) surveys can be used to determine if an ESA species is present within suitable habitat in the action area. P/A surveys need to be conducted by a knowledgeable or qualified surveyor if applicable. If the ESA species IS present, complete the ESA Determination Table as shown in the example.
Species/Resource Name
Habitat/Species Presence in Action Area
Sources of Info
ESA Section 7 Determination
Project Elements that Support Determination
Northern long-eared bat
Suitable habitat present; species present
[Explain what info suitable habitat/species presence is based on.]
Effects Determination (No Effect; May Affect, Not Likely to Adversely Affect; May Affect, Likely to Adversely Affect)
[Example language: See Phase 1 data forms where criteria for suitable habitat were met, and P/A survey which indicates species presence. Action may affect species due to tree clearing, but is not likely to adversely affect species due to commitment to cutting trees between November 1 and March 31 when bats are in hibernation.]
c. If suitable habitat IS present, but the ESA species is NOT present, an appropriate determination for is that the project will result in "No Effect" to those species. Complete the ESA Determination Table as shown in the example.
Species/Resource Name
Habitat/Species Presence in Action Area
Sources of Info
ESA Section 7 Determination
Project Elements that Support Determination
Northern long-eared bat
Suitable habitat present; species not present
[Explain what info suitable habitat/species presence is based on.]
No Effect
[Example language: See Phase 1 data forms where criteria for suitable habitat were met, but P/A survey which indicates species absence from the action area.]
STEP 5: DETERMINE PRESENCE OF FEDERALLY DESIGNATED CRITICAL HABITAT
Designated critical habitat is only applicable for projects with Federal agency involvement (ESA Section 7). A Federal agency must consult with the Service about actions they carry out, fund, or authorize to ensure that they will not destroy or adversely modify critical habitat. No critical habitat review is needed for projects without Federal agency involvement (ESA Section 10). Projects under ESA Section 10 can skip this step and proceed to Step 6.
Critical habitatis a term defined and used in the ESA; it is not the same as 鈥渟uitable habitat鈥� (see Step 4 for determining suitable habitat). Critical habitat is designated for an ESA species through Federal rule-making processes, and not all ESA species have designated critical habitat. It refers to specific geographic areas that contain features essential to the conservation of an ESA species and that may require special management and protection. Critical habitat may also include areas that are not currently occupied by the ESA species but will be needed for its recovery. Refer to our Critical Habitat Fact Sheet for more information. Note: If the action area does not contain designated critical habitat for a species,it is still possible for an ESA species to be present if suitable habitat is available(see Step 4).
If critical habitat for an ESA species is on your OSL, add a row for critical habitat to your ESA Determination Table and use the following steps to determine if critical habitat is within the action area.
Using the , determine if the project action area intersects with the federally designated critical habitat. This extra step is necessary because some critical habitats on waterbodies are represented by a line on the map and do not adequately represent the entire waterbody (e.g., bank to bank on the stream or river). Therefore, if your action area intersects any waterbody that has a line drawn for designated critical habitat on the Map Tool, then include critical habitat on your ESA Determination Table.
If the action area intersects critical habitat, complete the ESA Determination Table as shown.
Species/Resource Name
Habitat/Species Presence in Action Area
Sources of Info
ESA Section 7 Determination
Project Elements that Support Determination
Critical habitat for [insert species]
Critical habitat present
Official Species List, Critical Habitat Map Tool
Effects Determination (May Adversely Modify Critical Habitat; Not Likely to Adversely Modify Critical Habitat)
[Example language: Critical habitat for species present, action may adversely modify critical habitat by鈥
b. If the action area does not intersect critical habitat, complete the ESA Determination Table as shown.
If the action area does not intersect critical habitat and the OSL does not list any ESA species, no further consultation or review by the Service is required. This project does not have to be submitted to NYFO or LIFO.
If the action area does intersect critical habitat and/or the OSL does list ESA species, and you have determined that suitable habitat is present for the ESA species, you can proceed to using appropriate Determination Key(s) (D-key) on IPaC to reach auto-generated species effects determinations (i.e., whether the project will have No Effect to ESA species; May Affect but is Not Likely to Adversely Affect [NLAA] ESA species; or May Affect and Likely to Adversely Affect ESA species).
After you complete the questions in the D-keys appropriate to the ESA species/critical habitats listed on your OSL, IPaC may return one or more output letters, which are considered an official response from the Service. This figure provides details regarding what each type of letter means and next steps to consider.
a. For ESA species covered under a No Effect or NLAA letter/determination, you can write this in columns 4 and 5 to your ESA Determination Table, as shown below. For projects receiving a No Effect Technical Assistance or NLAA Concurrence Verification Letter for each ESA species, no further consultation or review by the Service is required. Your project does not have to be submitted to NYFO or LIFO for review.
Species/Resource Name
Habitat/Species Presence in Action Area
Sources of Info
ESA Section 7 Determination
Project Elements that Support Determination
Northern long-eared bat
Suitable habitat present; species present
[Explain what info suitable habitat/species presence is based on.]
May Affect, Not Likely to Adversely Affect
[Example language: Received NLAA Concurrence Verification output letter from IPaC D-key dated 3/19/25. Committing to cutting trees between November 1 and March 31 when bats are in hibernation.]
b. For ESA species that receive May Affect determinations or are not included in the D-keys must be submitted directly to NYFO or LIFO for review. Federal agencies (or NFRs for informal consultation only) will need to determine whether the project will result in 鈥�No Effect,鈥� 鈥淢ay Affect, Not Likely to Adversely Affect;鈥� or 鈥淢ay Affect, Likely to Adversely Affect鈥� determination for ESA species. Each ESA species must have an effects determination. For designated critical habitat, Federal agencies (or NFRs for informal consultation) must determine whether the action will 鈥淎dversely Modify鈥� the critical habitat. Add the ESA species and critical habitat effects determinations and supporting information to columns 4 and 5 to the ESA Determination Table (or if the Federal agency has a streamlined consultation form approach with either NYFO or LIFO, please use that approach instead).
Note: Under ESA Section 10, project proponents can choose to consider if 鈥渢ake鈥� or 鈥渘o take鈥� determinations are appropriate for ESA species receiving a 鈥淢ay Affect鈥� determination through IPaC. Project proponents that choose to submit their projects for review by NYFO or LIFO can consider completing the effects determination column of the ESA Determination Table and submit for review.
Frequently Asked Questions
What are D-keys? D-keys are logically structured sets of questions designed to assist users in determining if a project qualifies for a pre-determined consultation outcome based on existing programmatic consultations or internal Service standing analyses. More information and training tutorials are available on . We highly encourage the use of IPaC D-keys as they are intended to streamline the project review process and shorten the wait time for the review of projects that result in no adverse impacts to ESA species and designated critical habitat.
What D-keys are available? The following D-keys are available in IPaC for projects in New York, and which ones you use will depend on which ESA species/critical habitats are identified on your OSL:
Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), Federal Transit Administration (FTA) Programmatic Consultation for Transportation Projects D-key affecting Indiana Bat or Northern Long-eared Bat (to be used only for federally funded transportation projects).
Northeast Endangered Species D-key covers most ESA species in New York State.
Northern Long-eared Bat and Tricolored Bat Range-wide D-key (covers the only Northern Long-eared Bat and Tricolored Bat).
What is the Consultation Package Builder? The Consultation Package Builder isa tool in IPaC designed to help users prepare a full consultation package. Please contact us before using the Consultation Package Builder.
For projects with Federal agency involvement (ESA Section 7)
If any ESA species or designated critical habitat occurs in or is likely to occur in the action area, the proposed action must be evaluated to determine whether it may affect the species or critical habitat. If the project 鈥淢ay Affect鈥� any ESA species or critical habitat, please submit the project to NYFO and LIFO for review, with appropriate ESA species/critical habitat effects determinations (Step 6). Attach the project review request letter and ensure you provide all requested information. Please also review the Project Submittal Checklist to ensure that all pertinent information is included with project submittals to NYFO and LIFO. We cannot complete a project review until all pertinent info has been received.
Notes:
Only Federal agencies or their NFRs can complete informal consultation with the Service. If interested, Federal agencies would need to designate a NFR, in writing, and can do this via email or letter to the Service. If you are not a Federal agency or their designated NFR, the Service can provide technical assistance to you, but cannot complete consultation with you directly.
Due to staffing constraints, NYFO and LIFO will not be reviewing projects that result in 鈥淣o Effect鈥� to ESA species/critical habitat.
For Projects without Federal agency involvement (ESA Section 10)
For projects not authorized, funded, or carried out by a Federal agency, the prohibitions provided under the ESA still apply. For instance, no person is authorized to "take" any listed wildlife species without appropriate authorizations from the Service. Therefore, we provide technical assistance to individuals and agencies to assist with project planning to avoid the potential for "take," or if 鈥渢ake鈥� cannot be avoided, to provide assistance with their application for an incidental take permit pursuant to ESA Section 10(a)(1)(B). Here is additional information on incidental take permits and habitat conservation plans (HCPs):
If any ESA species occur in or is likely to occur in the project action area, the proposed action can be evaluated to determine whether take is reasonably certain to occur. If this is the case, you can optionally submit the project to NYFO or LIFO for technical assistance. Attach the project review request letter and ensure you provide all requested information. Please also review the Project Submittal Checklist to ensure that all pertinent information is included with project submittals to NYFO and LIFO. We cannot complete a project review until all pertinent info has been received.
Notes:
Designated critical habitat is only applicable for projects with Federal agency involvement. No reviews on critical habitat are needed for projects without Federal agency involvement.
Due to staffing constraints, NYFO and LIFO will not be reviewing projects that result in 鈥淣o Take鈥� to ESA species.
Submitting a Project
If your project needs review by NYFO or LIFO, submit project review submittals electronically to our email address below. Please note that any single email, including attachments, must be 25 MB or smaller (we do not receive emails with attachments larger than 25 MB). For submissions larger than 25 MB, please split attachments among two or more emails, ensuring none exceed 25 MB in total (use the same subject name and project reference in all emails related to an individual project and indicate the number of total emails submitted [1, 2, etc. of X]). Alternatively, upon request, we can provide a link for project proponents to upload their large files.
If electronic submission is not possible, please mail a hard copy containing the project review submittal to one of our offices (see contact information below), although emailing documents is strongly preferred.
NYFO Address: 3817 Luker Rd., Cortland, NY 13045; 607-753-9334
LIFO Address: 340 Smith Rd., Shirley, NY 11967; 631-286-0485
This concludes the 7-step process for submitting project reviews to our offices.
Additional Information on Certain Projects
Army Corps of Engineers Regulatory Information
Projects with Indiana bats and Northern Long-eared Bats
Indiana bat and northern long-eared bat 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.
This step-by-step online project review process facilitates project screening and compliance with the ESA. It is intended to 1) facilitate Federal interagency consultation requirements under ESA 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 for Federal agencies (or designated non-Federal representatives [NFR] under informal consultation), and 2) provide technical assistance to non-Federal users. Following the steps below enables users to quickly reach determinations regarding potential effects of their action to federally threatened and endangered species (ESA species) and designated or proposed critical habitat. It provides information to help ensure that trust resources are considered and conserved while planning and conducting activities. Any individual or entity requesting Service review of their proposed project within New York should follow the steps below and complete the online process before contacting NYFO or LIFO. This step-by-step process is valid only for projects proposed in New York.
Who should use this site?
Landowners, applicants, consultants, Federal and state agency personnel, designated NFRs, and any other individual or entity requesting Service review of their project within the State of New York.
When should I use this site?
Ideally, BEFORE contacting NYFO or LIFO. Information on this website may be frequently updated to provide new ESA species and project review information. Follow Steps 1-7 below for each project review to ensure that you have current information.
What is 鈥渃onsultation鈥�?
Consultation, on this website, typically refers to ESA Section 7 consultation. The ESA directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the ESA. Section 7 of the ESA, 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. ESA Section 7(a)(2) requires Federal agencies to consult with the Service to ensure that actions they fund, authorize, permit, or otherwise carry out will not jeopardize the continued existence of any ESA species or result in the destruction or adverse modification of designated critical habitats. Federal agencies ARE NOT required to contact the Service if a proposed action will have no effect on ESA species. However, Federal agencies ARE REQUIRED to initiate consultation with the Service if a proposed action may affect one or more ESA species or designated critical habitat.
What is 鈥渢echnical assistance鈥�?
NYFO and LIFO provide technical assistance reviews of proposed actions (both Federal and non-Federal) that are likely to impact trust resources other than ESA species and/or designated critical habitats. These other wildlife resources include migratory fish and birds, wetlands, National Wildlife Refuges, and the Coastal Barrier Resources System.
NYFO and LIFO also provide technical assistance reviews of non-Federal actions pursuant to ESA Section 10 that may affect ESA species or their habitats. There is NO REQUIREMENT to coordinate with the Service regarding project reviews under ESA Section 10. However, seeking the Service鈥檚 technical assistance helps:
avoid or minimize adverse effects to ESA species;
avoid unintentional violations of ESA Section 9, which prohibits unauthorized take of federally listed wildlife;
determine if an incidental take permit under ESA Section 10 and a Habitat Conservation Plan (HCP) are recommended.
What projects do NYFO and LIFO review?
NYFO and LIFO review proposed projects under certain circumstances. For example, if:
a project is authorized (e.g., a U.S. Army Corps of Engineers permit), funded (e.g., grants), or carried out, in whole or in part, by a Federal agency;
an applicant/project proponent or authorizing/implementing government agency requests Service input as technical assistance;
proposed activities may affect an ESA species, or may impact other wildlife resources such as a National Wildlife Refuge, bald eagles, other migratory birds or fish, and/or are located in a unit of the Coastal Barrier Resources System.
Please coordinate with NYFO or LIFO as early as possible, ideally when project proponents are beginning to coordinate with state agencies.
How should I coordinate with the Service during an emergency?
This site only covers the consultation process for federally listed ESA species and designated critical habitat. Please coordinate with the New York State Department of Environmental Conservation (NYSDEC) and New York Natural Heritage Program (NYNHP) to determine presence and potential impacts to State-listed species.
Is this site different than the NYSDEC mapper?
Yes. You should use both sites. The NYSDEC mapper only provides KNOWN locations of certain species, and the absence of information does not necessarily indicate the species is not present in your project area. Consider the potential for species at your site based on location and presence of potential suitable habitat. To check for any KNOWN occurrences of ESA- or State-listed species, use the mappers located on the . Follow further instructions on those websites to address State-listed species. If there are NO KNOWN locations identified, ESA species may still be present as presence/probable absence surveys may have not yet been conducted to document their occurrence.
What about bald eagles?
The bald eagle (Haliaeetus leucocephalus) is protected by the Bald and Golden Eagle Protection Act (BGEPA). Please consult with the to determine the presence of any bald eagles in the vicinity of your project. To determine if a Federal BGEPA permit may be necessary, please visit our Eagle Management website.
Do I need a Federal recovery permit?
Federal recovery permits may be issued for purposes that are consistent with the ESA assist in the recovery of endangered and threatened species, such as to conduct surveys in which you are handling ESA species. To learn whether a Federal permit may be necessary for your project, please visit our website.
How do I submit a project to NYFO and LIFO?
Please see Step 7 for guidance on how to submit projects for review. Please note that any single email, including attachments, must be 25 MB or smaller (we do not receive emails with attachments larger than 25 MB). For submissions larger than 25 MB, please split attachments among two or more emails, ensuring none exceed 25 MB in total (use the same subject name and project reference in all emails related to an individual project and indicate the number of total emails submitted [1, 2, etc. of X]).
