Exhibits - A Flowchart of ESA Consultation. x The Service has determined that there are no federally listed species within or nearby the project areas; therefore, the project will have no adverse effects pursuant to the ESA. Changes in NRF habitat (acres) documented via section 7 consultation for all The Key Issues to Consider section raises a series of questions for practi-tioners to consider when undertaking Section 7 consultation for a … The following Reasonable and Prudent Measures and Terms and Conditions from ESA section 7 consultation with NMFS and the USFWS are non-discretionary and must be implemented as part of the Galena Project proposed action to minimize the amount or extent of incidental take of bull trout and steelhead. Section 7 requires that federal agencies develop a conservation program for listed species and that they avoid actions that will further harm species and their critical habitat. Go to page â previous page. Under Section 7 of the ESA, the federal government and each of its agencies have a statutory mandate to use their powers for the conservation of species. Jeopardy / Adverse Modification . 2. h�bbd```b``6�S��`��f��H���|&�������`�*���c Thus, EPA will consult on the approval under Section 7 of the Endangered Species Act Section, if such approval may affect ESA-listed species. Find point of contact information for HUD's grantees. Explore featured publications and browse regulations, policy guidance, toolkits, and other resources. 7. informal ESA Section 7 consultation needs to be conducted for the proposed NWP activity. Formal Consultation with Ecological Services or NMFS Not Likely to Adversely Affect ⦠Nothing is more priceless and more worthy of preservation than the rich array of animal life with 2 - Flow Chart Illustrating Steps in the Process for Issuing Grazing Decisions Where Section 7 ESA Consultation Occurs (1 p) 3 - Solicitor’s Memorandum M-37022, January 16, 2009 (5 … Southeast. Consultation â what is it, what are its possible outcomes (determinations). Ask a basic policy or reporting system question. ⦠Be sure you obtain a permit or obtain an NPR prior to construction . Fisheries Serviceâs (NMFS) responsibility to comply with Endangered Species Act (ESA) section 7(a)(2). 1531 et seq.). Figure 9-12* * 2 of 4 pages from the consultation close-out form . ����e\��o����W�+xOp�V��X�V���_&'�%֣�->��. Section 7 Consultations for Ongoing Actions: The Environmental Baseline 2020 Stakeholder Workshop on Streamlining Environmental Reviews 1. with a Federal nexus. 1/ In accordance with the Endangered Species Act of 1973 (ESA) as amended, Federal agencies shall “seek to conserve endangered species and threatened species and shall utilize their authorities in furtherance of the purposes of this Act”. Resources and assistance to support HUD's community partners. B Template Letters for Conducting Section 7 Review. The REM and, as appropriate, the Analyst are responsible for responding to any requests from the agencies. BPA’s Endangered Species Act Compliance Flow Chart for Transmission Services Projects 1/ January 12, 2007. ESA Section 7(a)(2), states that “each Federal agency shall, in consultation with the Secretary, insure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of … Read Chapter 16: Essential Fish Habitat of the BA preparation manual to understand how to comply with the Magnuson-Stevens Fishery and Conservation Act. 4-11 QUALITY CONTROL AND ASSURANCE 4-12 REFERENCES 4-13 APPENDICES . ABSTRACT #2017-373 Federal agencies involved in oil spill response in the U.S. are required to comply with several environmental compliance laws. (see Appendix D, Step 5) In your NOI, certify under . Request for Comment Regarding Endangered Species Act Section 7 Consultation in EPA Approval of Clean Water Act Section 404 Programs. The submission package includes: The 30‐day Form, the completed NLEB SHAFT form if you have determined that there is suitable habitat, and the ESA Transmittal Sheet with the appropriate box checked. However, if the parties cannot agree on the level of information needed to resolve a consultation … The jeopardy and adverse modification analyses look at the complete picture. h��Xmo�6�+��a��wR@�q����q��A��D�#���~ϑ���M� �AS���{H�Q��q&5g�@%�v�$��b�A�A� �J���bvLpK�I)�z�d�@�w�3�)���H��(��&�fZ���^a��X�%�dӠ��3m4}0L�d9Ӟ�0�( n%3BB�*f�f���R�3�Iv���O�U5c�[��� The ESA provides specific mechanisms to achieve its purposes and Section 7 is one of those. Original file â (1,275 × 1,650 pixels, file size: 118 KB, MIME type: application/pdf, 4 pages) File history. Service. This ‘proactive conservation mandate’ for Federal agencies is articulated in section 7 (a) (1) of the law. Flowchart 12-FD-c (1) (continued): FERC - Endangered Species Act Section 7 Consultation Process Color Key Developer Agency Other Public From Page 1 12-FD-c.12 Are listed species or critical habitat present? The U.S. If the Service concurs with the âmay affect, but not likely to adversely affect,â finding, the informal consultation is complete. No statutory timeframe to develop Recovery Plan . from 23 April 2020 to 01 September 2020. The Section 7 consultation process applies to the second requirement. SEC 7 ESA Consultation Process Identify Stressors Species Exposed to Stressors? Examples include oil spills, wildland fire, and weather events such as Hurricane Michael, Irma, and Maria. PROPOSED ACTION . NMFS Consultation Number: WCR-2018-10660 . Concurrence - end - Likely to Adversely Affect Formal Consultation . Conducting highâquality telephone or video consultations. 06 of the National Historical Preservation Act will be provided separately by the staff ofMs. Appendix A – Glossary of Terms Appendix B – Section 7 Consultation Process Flow Chart This is in contrast to Section 7 of the ESA, which regulates federal government actions. EPA-HQ-OW-2020-0008) WSRA Section 7(a) “Process” Flowchart. Section 7 of the Endangered Species Act of 1973 (ESA) requires all Federal agencies to use their authorities to conserve endangered and threatened species in consultation with U.S. for Section 7 ESA Consultation 4 November 2015 finding. The consultation must have addressed the effects of the construction site’s discharges and discharge-related activities on ESA-listed species and/or designated critical habitat under the jurisdiction of USFWS and/or NMFS. Purpose: The purpose of this policy is to clarify the process for issuing grazing permits when Section 7(a)(2) consultation under the Endangered Species Act (ESA) is required. In compliance with the Endangered Species Act (ESA), Section 7, the Natural Resources Conservation Service (NRCS), in Nebraska, submits this programmatic consultation package to the U.S. 4-10.7 Consistency Determination, Section 2081.1 4-10.8 Scientific Collection Permit (SCP) 4-10.9 Mitigation Plans 4-10.10 Mitigation Activities 4-10.11Plants and CESA. First, the most recent framework for cooperation between the Action Agencies and the Services regarding consulting on oil spill planning and response activities is contained in an Interagency Memorandum of Agreement (MOA) signed in 2001. Consultation between a federal agency and the USFWS and/or NMFS under section 7 of the ESA has concluded. endstream endobj 195 0 obj <>/Metadata 4 0 R/Outlines 8 0 R/PageLayout/SinglePage/Pages 192 0 R/StructTreeRoot 11 0 R/Type/Catalog>> endobj 196 0 obj <>/ExtGState<>/Font<>/Shading<>/XObject<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 197 0 obj <>stream 266 0 obj <>stream Likely to Adversely Affect Letter of Concurrence from FWS? Section 7 requires federal agencies to ensure actions they authorize do not jeopardize the existence of any species listed under the ESA. Should contain objective, measureable criteria for recovery . 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. 88 . 86 . Should contain estimate of money and ⦠consultation, but the Plan Revision may, within the range of alternatives considered in the . Has ESA Section 7 consultation between you (a Federal agency) and the USFWS and/or NMFS successfully concluded? USFWS Biological Opinion dated April 23, 2013 . That cannot be done if the action has already occurred prior to authorization. Corpsâ scope of analysis for ESA. 7. 2020 US Department of Housing and Urban Development, ESA Section 7 Consultation for Responsible Entities Flowchart. January 10, 2011 1 A wild and scenic river (WSR) means a river and the adjacent area within the boundaries of a component of the National Wild and Scenic Rivers System pursuant to section 3(a) or 2(a)(ii) of the Wild and Scenic Rivers Act (WSRA). This is in contrast to Section 7 of the ESA, which regulates federal government actions. You cannot conduct the NWP activity until notified by the New York District that the proposed NWP activity will have “no effect” on listed species or critical habitat or the ESA Section 7 consultation has been completed. Click here to download the ESA Section 7 Handbook %PDF-1.5 %���� Corpsâ use of special conditions for ESA. Section 10 of the Endangered Species Act (ESA) allows an individual or private citizen to âtakeâ a listed species if they develop a Habitat Conservation Plan (HCP). Occasionally, federal agencies must respond to emergency situations where human life and property are in danger. BUILDING STRONG ® ESA - Section 7(a)(2) Interagency Cooperation: Each Federal agency shall ensure that ⦠We detail each step in the following slides. As such, the ROD(s) for the Plan Revision will be . See the glossary … Streamlining Training Modules. No Effect May Affect No Consultation Informal Consultation Implement Action Affect Beneficial, Discountable or Insignificant? Joint ESA consultation on ESG disclosures. Analysis of jeopardy and adverse modification - JANA Jeopardy analysis is on the species; adverse mod is on designated critical habitat. No ESA Section 7 Consultation on ATF Because all federal agencies must ensure that any action they authorize, fund or carry out is not likely to jeopardizeâ¦. This programmatic consultation was completed on July 20, 2012, and included consultation under both Section 7(a)(1) and Section 7(a)(2) of the ESA. These reports provide Congress with the results of the interagency working group (IWG) in developing recommendations and plans to implement a strategy for improving the consultation process required under section 7 of the Endangered Species Act of 1973 (ESA), 16 U.S.C. Endangered Species Act (ESA) Section 7(a)(2) Biological Opinion and Magnuson- Stevens Fishery Conservation and Management Act Essential Fish Habitat Response Consultation on the Delegation of Management Authority for Specified Salmon Fisheries to the State of Alaska . There have been numerous challenges for USCG and EPA in meeting the ESA Section 7 consultation requirements for oil spill planning. The impact of these environmental reviews on projects often turns on the scope of those reviews, which in turn depends on determining which effects will be caused by the action. Request for Comment on Whether EPAâs Approval of a Clean Water Act Section 404 Program Is NonDiscretionary for Purposes of Endangered Species Act Section 7 Consultation (PDF) (3 pp, 248 K, May 21, 2020, Docket ID No. Fish and Wildlife Service (USFWS) on its proposed Solar Energy Program. Use the flow charts and information on this page to determine when reinitiation or information update is needed under the Endangered Species Act (ESA) Section 7 consultation with National Oceanic and Atmospheric Administrationâs National Marine Fisheries Service (NMFS) or the U.S. 8.3 Reasonable and Prudent Measures . consultation pursuant to section 7 of the Endangered Species Act (ESA) on November 17, 2004. 12-FD-c.14 Is the project a major construction activity? Fish and Wildlife Service (USFWS). Learn about what HUD grantees are doing across the nation. Endangered Species Act Section 7 Consultation . Use the BA preparation manual & templates for individual ESA consultations. and Prudent Alternatives . with ESA via Sec. Criterion E. and clearly identify the consultation in your basis statement. 3. The action area (see graphic) is defined in ESA regulations (50 CFR § 402.02) as the area within which all direct and indirect effects of the project will occur. Reasonable . Animals . Fish and Wildlife Service (FWS) requires project review information to meet the requirements of Section 7(c) of the Endangered Species Act (EA) of 1973, as amended (16 U.S.C. No statutory timeframe to develop Recovery Plan . This flowchart is intended for responsible entities conducting environmental reviews. Action - all activities or programs of any kind authorized, funded, or carried out, in whole or informed by the Final Environmental Impact Statement (FEIS) and the ESA section 7 . Technical and process tips⦠Enhance Review Timelines. Individual consultations. Should contain objective, measureable criteria for recovery . Joint Committee . ESA Section 7 consultation process applies to any authorization required by any federal agency (See Flowchart) ESA Section 10 applies to any actions related to private property (See Flowchart) Recovery Plans Developed 1. Search for a specific grantee and view its awards, contact information, and reports, and more. Action Agencies: The National Marine Fisheries Service (NMFS) of the ⦠In addition, authorizing incidental take enables activities that are likely to adversely affect Essential Fish Habitat (EFH) designated under the Magnuson-Stevens Fishery Conservation and Management Act (MSA). Browse the library of grantee reports and plans, organized by program. Response to Exposure = Effects Effect? This flowchart is intended for responsible entities conducting environmental reviews. 7-FD-k.5 Conduct ESA Section 7 Consultation Process See Flowchart 12-FD-c Developer 7-FD-k.1 Notice of Intent (NOI) and Pre-Application Documents Flowchart 7-FD-k: FERC Integrated Licensing Process Version: 07 March 2016 Developed by the National Renewable Energy Laboratory for the DOE Color Key Developer Agency Other Public Participating Agencies/Public 7-FD-k.10 60 days Comment ⦠Section 10 of the Endangered Species Act (ESA) allows an individual or private citizen to “take” a listed species if they develop a Habitat Conservation Plan (HCP). Flowchart showing consultation process . Figure 9-11* * 2 of 7 pages from the consultation initiation form . h�b``�b``z� $v2�F fa�h@ӂbS~�q���\���.�} P��A����Q�v�&�I+$�g6���5\Q�c�r��`�B쿍��l.��$pOU��jo8�j�t�b��"P� 9 ���xo�U�10�\ § 1536, for pesticide registration and registration review. Fish and Wildlife Service (USFWS). Provide practical advice for navigating the Section 7 process. Flow Chart . Changes to NRF1 habitat (acres) from activities subject to Section 7 consultations and other causes; range-wide aggregate from 1994 to current range-wide update (April 16, 2003) 98 Table 4-3. Federal agencies have various requirements un der Section 7 of the ESA, namely conservation efforts through Section 7(a)(1) and consultation through Section 7(a)(2). From Open Energy Information. Section 7 ESA consultation is required for projects to identify whether any proposed or listed species are located within a given area of a proposed action. Section 7(a)(2) Technical Assistance Website This website provides section 7 consultation guidance for federal agencies and their applicants and designated non-federal representatives. This training was conducted by the US Fish and Wildlife Service to review the Section 7 Consultation Training. Q��` ��%� I. 1531 et seq. endstream endobj startxref 89 Endangered Species Act: Section 7(a)(2) Section 7 Consultation . In compliance with the Endangered Species Act (ESA), Section 7, the Natural Resources Conservation Service (NRCS), in Nebraska, submits this programmatic consultation package to the U.S. ESA Section 7: Time for a Refresh in the Pre-Spill Planning Consultation Process Stacey L. Crecy 1 , Melissa E. Perera 2 , Elizabeth J. Petras 3 , John A. Tarpley 4 1 U.S. Coast Guard, Office of Marine Environmental Response Policy (CG-MER-3) 2703 Martin Luther King Jr. Ave SE, STOP 7516, Washington, D.C. 20593-7516 concurrence letter to NYSDOT completing Section 7 ESA consultation. Incidental Take Statement Section 9740.3.6 . Sustainable finance. Under Section 7 of the ESA, Federal agencies must consult with NMFS and/or the USFWS when an action the agency carries out, funds, or authorizes (such as through a permit) may affect a listed endangered or threatened species and/or designated critical habitat. This web site provides an overview of our recommended approach to Section 7 consultation. Table 4-2. On February 2, 2012, the BLM initiated formal programmatic Endangered Species Act (ESA) consultation with the U.S. Alaska Endangered Species and Critical Habitat Mapper Web Application: Spatial data and maps of critical habitat and ESA threatened and ⦠It shows the steps responsible entities should take to comply with Section 7 of the Endangered Species Act (ESA). not include a public review component. Fish and Wildlife Service (USFWS) for activities described in the attached documents. 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