ESA Consultation Tips for Success

ESA Consultation Tips for Success Brenda Kury Synergy Resource Solutions, Inc. Sparks, Nevada 775-331-5577 www.countgrass.com We Count Grass...and a Whole Lot More www.countgrass.com Road Map      How ESA consultation starts Critical definitions and documents How/when to get involved in the process Resources For more information Brenda Kury or Jack Alexander  Synergy Resource Solutions, Inc.  775-331-5577 - www.countgrass.com  We Count Grass...and a Whole Lot More www.countgrass.com What Triggers ESA Consultation?   A federal agency proposes an activity that may effect or will effect a threatened, endangered, or candidate species (or designated critical habitat) protected by the ESA. The federal agency proposing the action must consult with U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS – marine species only). We Count Grass...and a Whole Lot More www.countgrass.com Formal Consultation  Required unless USFWS/NMFS concur that the proposed action is “not likely to adversely affect” listed species or designated critical habitat. Major Federal construction activity that may or will effect known T&E species or critical habitat.  Begins with Federal agency’s written request and submittal of initiation package.  Concludes with issuance of Biological Opinion (BO) and incidental take statement.  We Count Grass...and a Whole Lot More www.countgrass.com Biological Assessment (BA)  Document provided to USFWS or NMFS by a federal agency to determine if a proposed action will: Adversely affect listed species or designated critical habitat.  Jeopardize the continued existence of a proposed species.  Adversely modify proposed critical habitat.  Generally described as an Environmental Assessment without alternatives.  Sometimes called a Biological Evaluation (BE).  We Count Grass...and a Whole Lot More www.countgrass.com Biological Opinion Determination issued by USFWS describing if the proposed action is likely to jeopardize the continued existence of listed species or result in the adverse modification or destruction of critical habitat.  Summarizes information on which BO is based, including information provided in the BA.  Provides detailed description of the effects of the action on listed species or designated critical habitat.]  May authorize “take” of the protected species.  We Count Grass...and a Whole Lot More www.countgrass.com Opportunities for Involvement   Federal action agency (lead agency) determines applicant status. Federal agency coordinates with USFWS. Applicants to the Federal agency have the right to be involved in the ESA consultation process.  Bureau of Land Management (BLM), Forest Service, U.S. Army Corps of Engineers all have their own guidance for “applicants”.  We Count Grass...and a Whole Lot More www.countgrass.com BLM Manual 6840 Special Status Species Management  Provides guidance for each level of BLM staff Field Office Managers are responsible for implementation of the special status species program  BLM must provide a BA to USFWS if listed species or designated critical habitat are in an area with a proposed project.  BLM “should encourage applicant participation in the development of prudent and reasonable alternatives” for the proposed action.  We Count Grass...and a Whole Lot More www.countgrass.com BLM’s Responsibilities to USFWS  BLM has the opportunity to request a copy of the draft BO from USFWS for review  BLM 6840 states that BLM should provide the applicant with a copy of the draft for review  Comments from the applicant can be provided to BLM or USFWS (although BLM prefers the applicant go through them).  After BO is issued, BLM must implement the action as described as well as the Terms & Conditions described in the BO. We Count Grass...and a Whole Lot More www.countgrass.com BLM’s Responsibilities to the Applicant  BLM must make sure the conservation recommendations in the Biological Opinion are: Consistent with Land Use Planning documents and policy.  Technologically and economically feasible.  We Count Grass...and a Whole Lot More www.countgrass.com Early Consultation  Provided by Section 7(a)(3)  Allows prospective applicant to request an early consultation if there is reason to believe that the proposed action may affect listed species.  Early consultation has several requirements Applicant must provide a proposal outlining the action and its effect.  Applicant must implement the proposal if authorized.  We Count Grass...and a Whole Lot More www.countgrass.com Early Consultation (cont’d)      BLM will initiate early consultation with USFWS and provide the same information as for formal consultation. A BA must be provided for major construction activities. Applicant can request a copy of the draft BO and provide comments. The preliminary BO does not authorize the take of listed species. USFWS can confirm the preliminary BO as final if no significant changes from early consultation. We Count Grass...and a Whole Lot More www.countgrass.com Consultation Again?  Occasionally, consultation must be reinitiated. Amount or extent of incidental take is exceeded;  New information reveals that the action may affect listed species differently than considered;  Proposed action is modified to change the effect to the species;  New species are listed or critical habitat is designated which may be affected by the action.  We Count Grass...and a Whole Lot More www.countgrass.com Summary    As an “applicant” for a federal agency, you have the right to participate in the ESA consultation process. Express your desire to participate in the consultation process (in writing) early and often. Know the rules. We Count Grass...and a Whole Lot More www.countgrass.com Resources  Bureau of Land Management  http://www.blm.gov/nhp/efoia/wo/manual/6840. pdf http://www.fs.fed.us/im/directives/ http://endangered.fws.gov/ http://www.nmfs.noaa.gov/endangered.htm We Count Grass...and a Whole Lot More www.countgrass.com  Forest Service   U.S. Fish and Wildlife Service   National Marine Fisheries Service  For More Information  U.S. Fish and Wildlife Service Section 7 Consultation Handbook and other information  http://endangered.fws.gov/consultations/index.html  Synergy Resource Solutions, Inc. www.countgrass.com  jack@countgrass.com  brenda@countgrass.com  We Count Grass...and a Whole Lot More www.countgrass.com