On the basis of the Biological Assessment (BA), FERC may find that its proposed licensing action is not likely to adversely affect listed species or critical habitat, as discussed in Section 2.3.4(F). In that event, FERC will request the concurrence of FWS or NMFS as appropriate. If FWS or NMFS agrees after review of all supporting information, it will issue a concurrence letter, which means that FERC has satisfied its Section 7 consultation obligation in that proceeding. However, if FERC (or FWS or NMFS) finds that the licensing action may have an adverse impact on a listed species or its critical habitat, then FERC must request formal consultation, a structured process where FERC and the agency evaluate alternatives and measures to present such effect.¹ At the conclusion of that formal consultation, the agency will issue a Biological Opinion (BO), which includes: (A) analysis of the effects of the Proposed Action; (B) a finding that the action is likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat (a “jeopardy BO”), or in the alternative, a finding that the action is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat (a “no jeopardy BO”); and (C) depending on that finding, the RPAs or RPMs, as well as the take limitation, discussed in Section 2.3.3(F) above.²

4.5.3 FPA section 10(j) Process

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4.5.5 Water Quality Certification Process