The U.S. Department of Army’s Office of the Assistant Secretary of the Army for Civil Works and the NOAA Administrator signed a joint resolution memorandum. It articulates a national-level clarification on how the effects of projects involving existing structures, such as bulkheads and piers, on listed species and designated critical habitat in Endangered Species Act (ESA) Section 7 consultations are evaluated. The joint resolution memorandum was developed with the assistance of the White House Council on Environmental Quality.
The ESA requires the Army Corps of Engineers to consult with NOAA Fisheries before undertaking work or issuing permits to maintain structures that may affect species or habitat protected by the ESA. Consistent with the agencies’ respective statutory authorities and regulations, the memorandum explains how the agencies consult on infrastructure and maintenance projects that are important to the nation, while protecting species and habitat as required by the ESA.