Applicant – Refers to any person who requires formal approval or
authorization from a Federal agency as a prerequisite to conducting the
action being consulted on under Section 7 of the ESA.  

Applicant’s Role in the Consultation Process

If the Federal agency identifies an applicant, NMFS and the action
agency meet their obligations to that party through the following:

The action agency provides the applicant an opportunity to submit
information for consideration during the consultation;

The applicant is entitled to review draft biological opinions obtained
through the action agency, and to provide comments through the action
agency;

NMFS will discuss the basis of its biological determination with the
applicant and seek the applicant’s expertise in identifying reasonable
and prudent alternatives to the action if jeopardy or adverse
modification of critical habitat is determined; and 

NMFS will provide the applicant with a copy of the final biological
opinion.

NMFS does not work directly with or take comments directly from the
applicant without the knowledge or consent of the action agency. 

