Emergency Consultation Procedures

Emergency consultations under section 7 of the Endangered Species Act allow federal agencies to incorporate endangered species concerns into their actions during the response to an emergency. Emergencies are situations involving acts of God, disasters, casualties, national defense or security emergencies, and response activities to prevent imminent loss of human life or property. According to Chapter 8 of the Endangered Species Act Section 7 Consultation Handbook, these procedures allow for rapid communication between federal agencies and NOAA Fisheries to incorporate listed species concerns into emergency response, especially when there is not time for normal consultation procedures. During an emergency, NOAA Fisheries' primary objective is to provide technical assistance and recommendations to minimize adverse effects to listed species and critical habitat, while recognizing that the responding agency's objective to protect human life and property takes precedence if there is a conflict.

Predictable events, such as those covered in Emergency Use Permits issued by the Environmental Protection Agency for pesticide applications, usually do not qualify as emergencies under the section 7 regulations unless there is a significant unexpected human health risk. Under no circumstances should a NOAA Fisheries or U.S. Fish and Wildlife Service representative obstruct an emergency response decision made by the action agency where human life is at stake.

Consistent with Executive Order 14156: Declaring a National Energy Emergency, we have updated our webpage to include the most current information on emergency consultations to help agencies operate in accordance with Section 5 of the Executive Order, which outlines the procedures to facilitate the nation’s energy supply.

General procedures for handling emergency consultations are shown in the flowchart below (note that “Service” is the term used to reference NOAA Fisheries and the U.S. Fish and Wildlife Service):

During an emergency, NOAA Fisheries' primary objective is to provide technical assistance and recommendations to minimize adverse effects to listed species, while recognizing that the responding agency's objective to protect human life and property takes precedence if there's a conflict.

When to Contact NOAA Fisheries

You should contact NOAA Fisheries as quickly as possible following the onset of any emergency response where actions may affect species listed under the Endangered Species Act and/or their critical habitats.

For emergency consultations occurring in more than one NOAA region, the NOAA Fisheries Office of Protected Resources can provide specific conservation recommendations to action agencies to minimize adverse impacts on listed species and critical habitat for emergency actions. Contact us as soon as possible at nmfs.hq.esa.consultations@noaa.gov for assistance.

If an emergency occurs in a NOAA Fisheries region, the links below provide information on emergency consultation and procedures for the Regional Office.

• Alaska
• Greater Atlantic
• Southeast
• Pacific Islands
• West Coast

Steps for Emergency Consultation

Initiating Contact 

The federal agency must contact NOAA Fisheries as quickly as possible following the onset of the emergency. This initial contact can be made by email or phone.

For emergency consultation requests, the email should include:

• The specific emergency
• The nature of the emergency action (e.g., removing collapsed bridge sections)
• When the emergency occurred or was discovered
• Whether the original source of the emergency is still ongoing
• Location coordinates if possible
• Name, email, and phone number of the agency's point of contact

NOAA Fisheries Recommendations

During the initial contact, NOAA Fisheries will recommend conservation measures to avoid and minimize impacts to listed species or critical habitat during the emergency response. The federal agency should implement these protective measures if practical. We will also provide a written response detailing these procedures within 48 hours.

Emergency Over

Once the emergency is under control, the federal agency will evaluate the emergency consultation measures, identify any incidental take of a listed species or critical habitat, and initiate a section 7 consultation with NOAA Fisheries, if required. The agency should document these effects or incidental take and describe the actions taken during the emergency response.

Consultation

NOAA Fisheries will prepare an after-the-fact biological opinion to document the effects to listed species or critical habitat that occurred during the response actions. If no take occurred, the action agency may notify NOAA Fisheries to discuss if further consultation is required.