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consultation out of date & needs EFH informationRegion III: Significant ACP updates with informal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