SPILL CONTROL ASSOCIATION OF AMERICA ANNUAL MEETING
MARCH 20 & 21, 2014
Office of Marine Environmental
Response Policy
Environmental Consultation Requirements
Endangered Species Act (ESA) Section 7Essential Fish Habitat (EFH)National Historic Preservations Act (NHPA)Tribal – Executive Order 13175
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Office of Marine Environmental Response Policy
ESA Memorandum of Agreement
The 2001 Interagency MOA provides guidance for ESA consultations.
MOA is used to identify & incorporate plans & procedures to protect listed species & designated habitat during spill planning & response activities
Signatories include USCG, EPA, DOI, Fish & Wildlife Service, NOAA’s NMFS & National Ocean Service (NOS)
Contains Purpose, Definitions, Procedures, & Planning Templates
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Office of Marine Environmental Response Policy
Coast Guard ESA Section 7 Policy
CGHQ released a policy letter in October to explain Section 7 & EFH consultation responsibilities
CG roles & responsibilities:Co-Chair: Assembles experts to assist OSCRRT Coordinator: Manages work & keeps group informedDRAT: Advises on response strategiesFOSC: Coordinates local planning & responseSSC: Provides scientific advice on response strategies, oil
fate and affect on endangered species
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Office of Marine Environmental Response Policy
Regional Activity
AK Region: Regional biological assessment (BA) update complete, awaiting concurrence
Region IX: California Dispersant Plan BA complete, awaiting concurrence
Region VI: Awaiting Deepwater Horizon BARegion IV: ESA &EFH dispersant pre-authorization
consultation out of date & needs EFH informationRegion III: Significant ACP updates with informal
consultation, awaiting concurrence
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Office of Marine Environmental Response Policy
Way Forward
National Strategy Cooperation & collaboration among agencies & services High-visibility plans are a top priority Follow MOA & Policy All ESA Consultations Current by 2018
Continue to Clarify GuidanceProvide Technical & Legal Assistance Training Opportunities at CGHQ & USF&WConsider Updating the MOA in the Out Years
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Office of Marine Environmental Response Policy
Thank-you for your time
Stewards of the Environment and Public Trust
Questions?
Office of Marine Environmental Response Policy
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Training Resources
U.S. Fish & Wildlife Service National Conservation Training Center Interagency Consultation for Endangered Species 4-day course, offered every few months http://training.fws.gov/nctcweb/catalog/CourseDetail.aspx?
CourseCodeLong=FWS-CSP3116
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Office of Marine Environmental Response Policy
ESA Section 7 Policy – Future State
Key Points:Coast Guard is re-energizing the processConsultations may be out of date & require updating, but
remain validArea Committees & Regional Teams own the processInteragency cooperation & commitment is keyHave ESA consultations complete by 2018
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Office of Marine Environmental Response Policy
ESA Section 7 Policy – Current State
The MOA states that the consultation process should be initiated and managed at the Area Committee level (i.e. where the action is planned).
Due to recent litigation the need for consultations during RRT & Area Committee planning is being reemphasized.
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Office of Mareine Environmental Response Policy
Key Documents
CG Policy Letter
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Office of Marine Environmental Response Policy
Key Documents
Memorandum of Agreement between: DOI NMFS NOS USCG EPA
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Office of Marine Environmental Response Policy
ESA Section 7 Policy – Future State
Cooperation & coordination between the FOSCs & Services is key
RRTs & Area Committees may consider using ERA Workshops to develop appropriate response strategies as part of the ESA consultation process
ESA Section 7 Toolkit include:Located on the MER Portal MOAArea Contingency Plan Job AidBest Management Practices Database
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Office of Marine Environmental Response Policy