National Environmental Policy Act of 1969

• Establishes protection of the environment as a national priority

• Mandates that environmental impacts be considered when undertaking federal actions affecting the environment

• Four primary purposes:

1. To declare a national environmental policy2. To promote efforts to protect the environment3. To improve national understanding of environmental issues4. To establish the Council on Environmental Quality

National Environmental Policy Act

Guides project planning by establishing an umbrella process to coordinate compliance with federal, state and local laws, while protecting environmental and cultural resources such as:

• Wetlands• Farmland• Migratory Birds• Historic preservation• Air quality• Noise• Traffic• Cultural resources• Community impacts• Federal, state, and local laws• Endangered species• Safety• Civil rights• Environmental justice• And more…

National Environmental Policy Act

National Environmental Policy Act

Coast Guard

Mission

“NEPA is Cheapa!”

• Responsibilities of Federal Agencies to protect migratory birds

• Comply with MBTA, BGEPA, and EO 13186

• Federal agencies may incur civil liability under the MBTA for ongoing or proposed actions that take birds

• The Administrative Procedure Act (APA) allows a private party to request that a court enjoin an agency action that does not comply with the MBTA

• FWS Law Enforcement can use discretion, especially when organizations are willing to work with FWS to avoid or minimize impacts

• Project effects should be assessed for all actions that the agency conducts, oversees, and or funds

• FWS is available to assist with this process

• Early communication/coordination is encouraged & effective

• When determining which species are likely to be present, bookmark useful online tools!

• Identify and prioritize species of concern under EO 13186, being careful not to exclude other species

NEPA Considerations for Migratory Birds

• Identify other projects in the region of influence– Importance of cumulative impacts

• Determine baseline disturbance conditions including ambient sounds

• Address displacement as a serious effect

NEPA Considerations for Migratory Birds

How do I know if “take” will occur?

• Is your project in a habitat that supports birds at some point during the year?

• Will your project produce avian stressors? (see your MOU for a list)

• Can you avoid the production of these stressors?

• If not, can you avoid the exposure of birds or bird habitat to these stressors?

• Are any stressors linked to mortality?– If so, and exposure is likely, take will occur.

How do I know if my project’s effects on birds are “significant?’

• Consult your “USCG Projects likely to have significant effects on birds” list.

• Consider the magnitude, severity, and duration of your stressor production/persistence/exposure.

• Ask your friendly and helpful FWS biologist.• If not available, step through the following questions:

– Is your project in a habitat that supports species of concern, as described in E.O. 13186?

– Will your project produce avian stressors? (see your MOU for a list)– Can you avoid the production of these stressors?– If not, can you avoid the exposure of birds or bird habitat to these

stressors?– If not, your project’s effects on birds may be “significant.”

Avian Stressors Produced?

Conservation Measures Available?

Possible Cat Ex

Yes No

Stressors Avoided?

Direct Mortality?

No Yes

EA

No - minimized Yes

Purposeful or incidental?

Eagle or ESA Habitat/nest?

NoYes

Purposeful Incidental

Eagle or ESA?Get Permit Yes

Yes EA-> EIS

EIS

NEPA Considerations for Eagles

• Determine if important eagle use areas will be impacted:

An eagle nest, foraging area, or communal roost site that eagles rely on for breeding, sheltering, or feeding, and the landscape features surrounding such nest, foraging area, or roost site that are essential for the continued viability of the site for breeding, feeding, or sheltering eagles (50 CFR 22.3)

Avian Stressors Produced?

Conservation Measures Available?

Possible Cat Ex

Yes No

Stressors Avoided?

Direct Mortality?

No Yes

EA

No - minimized Yes

Purposeful or incidental?

Eagle or ESA Habitat/nest?

NoYes

Purposeful Incidental

Eagle or ESA?Get Permit Yes

Yes

Priority Habitat?

No

EIS

Yes

“Large” impacts?No

EA-> EIS

EIS

BCC or raptor?No

EIS

Yes

High rate of mortality likely?No

Yes

EA

No

EISYes

Bird specific Considerations:

• Identify culturally significant bird species – not just eagles• Address vulnerability to climate change

– Sensitivity– Exposure– Adaptive capacity

• Identify vulnerable species and systems

• Evaluate short-term versus long-term impacts and effects to populations (great guidance can be found in section 7 handbook)

• IMPORTANT NOTE REGARDING IMPACTS RELATIVE TO POPULATIONS: If BCR population is used for effects analysis, then cumulative impacts analysis needs to include reasonably foreseeable actions in that same spatial scale

How do I know if my project’s effects on birds are “significant?’

Habitat Specific Considerations:

• Determine the proportion of available habitat impacted

• Determine the time for habitat to recover to desired future condition

• Evaluate short-term versus long-term impacts and effects to habitat (great guidance can be found in section 7 handbook)

• Effects to culturally significant or sacred species may include alteration to landscapes or soundscapes

How do I know if my project’s effects on birds are “significant?”

• Keep in mind (and capitalize on!) seasonal variation (TOY!)• Avoid disturbance during breeding season• Apply spatial buffers if appropriate• Minimize footprint• Provide habitat compensation– Restoration for short-term projects– Offsite replacement or enhancement for long-term

impacts

Tips for Getting to FONSI

Avian Stressors Produced?

Conservation Measures Available?

Possible Cat Ex

Yes No

Stressors Avoided?

Direct Mortality?

No Yes

EA

No - minimized Yes

Purposeful or incidental?

Eagle or ESA Habitat/nest?

NoYes

Purposeful Incidental

Eagle or ESA?Get Permit Yes

Yes

Priority Habitat?

No

EIS

Yes

“Large” impacts?No

EA-> EIS

EIS

BCC or raptor?No

EIS

Yes

High rate of mortality likely?No

Yes

EA

No

EISYes

Avian Stressors Produced?

Conservation Measures Available?

Possible Cat Ex

Yes No

Stressors Avoided?

Direct Mortality?

No Yes

EA

No - minimized Yes

Purposeful or incidental?

Eagle or ESA Habitat/nest?

NoYes

Purposeful Incidental

Eagle or ESA?Get Permit Yes

Yes

Priority Habitat?

No

EIS

Yes

“Large” impacts?No

EA-> EIS

EIS

BCC or raptor?No

EIS

Yes

High rate of mortality likely?No

Yes

EA

No

EISYes