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TOWARDS A COMMON GOAL

TOWARDS A COMMON GOAL. Coordinating actions under the Clean Water Act (FWPCA) and the Endangered Species Act (ESA). Memorandum of Agreement. Signed by USCG, EPA, DOI, USFWS, NOAA & NMFS in July 2001 Provides a framework for cooperation & participation among Services & Agencies

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TOWARDS A COMMON GOAL

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  1. TOWARDS A COMMON GOAL Coordinating actions under the Clean Water Act (FWPCA) and the Endangered Species Act (ESA)

  2. Memorandum of Agreement • Signed by USCG, EPA, DOI, USFWS, NOAA & NMFS in July 2001 • Provides a framework for cooperation & participation among Services & Agencies • Integrates ESA consultation with NCP requirements

  3. What are the benefits? • Proactive vs. reactive approach to ecosystem protection • Improves response plan • Improves inter-agency coordination • Helps meet mandates of both ESA and CWA in a comprehensive manner • Incorporates lessons learned to avoid repeating mistakes

  4. ESA Requirements • Unlawful to take threatened and endangered species (Section 9) • Each federal agency shall insure that any action authorized, funded, or carried out by the agency is not likely to jeopardize endangered species continued existence (Section 7) • Consultation • Incidental take approval

  5. FOSC Statutory and Regulatory Authorities • Clean Water Act - FWPCA Sec. 311 • Oil Pollution Act of 1990 - Sec. 4201&4202 • National Contingency Plan - 40 CFR 300 National Response System Planning

  6. The Process • Inter-agency workgroup formed in February 2000 • Conducted an ESA Section 7(a) (1) review of the NCP and associated oil spill response activities. • Field comments sought on draft MOA • MOA signed July 2001

  7. MOA Overview • Introduction & Purpose • Legal Authorities & Definitions • Procedures • Pre-Spill • Spill Response • Post Response • Appendices • Flow charts • Checklist to initiate post-emergency consult • Planning Template • Sample PRFA language & consult documentation letters MOA

  8. Planning highlights • Flexible approach • Mainly informal using a process selected by the Area Committee • Information needed for both ACP and ESA documentation • Encourages Service involvement • Faster response decision-making

  9. Pre-spill planning FOSC requests endangered species expertise & species list from Services SSC/RRC may act as Service liaison Species/habitat identified in area? No Action Required Joint “Working group” formed (Service & Area Committee/RRT reps) YES NO

  10. Informal Consultation/ ACP Planning Process “Working group” completes Appendix C using ACP planning process* *Develop strategies with minimal adverse effect Species/habitat still potentially adversely effected? Informal Consultation Formal Consultation NO YES Services provide concurrence letter Sec. 7(a)(2) req’s fulfilled Services utilize info developed in Appendix C to finalize formal consultation Sec. 7(a)(2) req’s fulfilled

  11. Response highlights • Spill response is an emergency • ACP is basis for immediate response ops • Service reps can be incorporated into Incident Command System as required • Emergency continues until case is closed • Helps avoid impacts and post-spill consults

  12. Spill Response Procedures OIL SPILL Notification occurs IAW NCP & ACP Listed species/ critical habitat potentially affected by response ops? NO YES Endangered species expertise not required USFWS/NMFS Endangered species expertise required Emergency Consultation USFWS/NMFS endangered species expertise provided to FOSC’s Incident Command System

  13. USFWS/NMFS provide recommendations to minimize impact Listed species/ critical habitat anticipated affected by response ops? USFWS/NMFS continue to provide recommendations to avoid impact Initiation Package checklist completed (Appendix B) NO YES FOSC closes case. Emergency consultation ends

  14. Post Response Highlights • Formal consult only after case is closed, if required • FOSC decides who completes package • Provides legal protection to the FOSC • Biological opinion feedback in lessons learned as necessary

  15. Post Response Procedures Listed species/ critical habitat adversely effected by response ops? Results entered into Lessons Learned. Revisions made to ACP as necessary. Appendix B completed (RRC & SSC may act as liaison) FOSC signs initiation package, cover letter requests consultation

  16. Information is Complete? Services formulate consultation document & Incidental Take Statement NO YES Within 30 days, Services notify FOSC Drafter completes data with assistance from other Service/ Agency as needed Documentation forwarded to FOSC with copy to RRC/SSC Package returned to Services Results entered into Lessons Learned. Revisions made to ACP as necessary.

  17. What next? • Workgroup develops training manual & presentation • Training conducted at conferences, RRT meetings, resident training, etc. • Area Committees (or RRTs) contact & work with Service reps • ACPs amended & improved through normal review process • Service participation in exercises is encouraged

  18. Our Goal • To protect public health and welfare, including fish, wildlife, and other natural resources (NCP)…and conserve threatened and endangered species and their ecosystems (ESA)!

  19. Questions?

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