Section 7: Consultation Technical Guidance in the Greater Atlantic Region
List of resources to help action agencies draft their biological assessments.
Technical Consultation Guidance
- Guidance on Making "No Effect" Determinations
- Guidance for Carrying Out ESA Section 7 Consultations with GARFO (PDF, 17 pages)
Action Area
Action Area Diagram
The action area (see simplified depiction to right of page) is defined as “all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action” (50CFR§402.02). This includes the project’s footprint as well as the area beyond it that may experience direct or indirect effects that would not occur but for the action. For more information on how to determine the scope of the action area, please consult the definition of “effects of the action” (50 CFR §402.02).
Species & Critical Habitat
Creating an Effects Analysis
- Download the Acoustic Tool (Excel) last updated September 14, 2020
DISCLAIMER: NOAA Fisheries Greater Atlantic Regional Fisheries Office (GARFO) developed this spreadsheet as an in-house tool for assessing the potential effects to ESA-listed fish and sea turtles exposed to elevated levels of underwater sound produced during pile driving in riverine and inshore environments (coastal areas, bays, and rivers). For cetacean physiological (injury) effects, please refer to NOAA Fisheries' 2018 Marine Mammal Acoustic Technical Guidance document and user spreadsheet for assessing whether or not a project creates underwater noise that exceeds the permanent threshold shift (PTS) or temporary threshold shift (TTS) limits for listed cetaceans. NOAA Fisheries assumes no responsibility for interpretation and application of the results of these models by non-NOAA Fisheries users, as conditions at each project site may vary.
Writing Resources for Action Agencies
We encourage action agencies to utilize these writing resources while preparing their letter of concurrence requests.
- Sample Letter Template (Zip File - Word, 5 pages)
- Sample Outgoing Letter of Concurrence (PDF, 1 page)
Successful Examples of Incoming Consultation Letters
- Dredging - North Atlantic Right Whale Critical Habitat Example
- Aquaculture Example
- Pile Driving/Dredging - Atlantic Sturgeon and North Atlantic Right Whale Critical Habitat Example
Looking for additional guidance to construct your Biological Assessment? Check out these FWS resources! Note: there are subtle differences in the way NOAA Fisheries and FWS approach ESA Section 7 Consultation (E.g., ESA-listed species and critical habitat under NOAA Fisheries jurisdiction are NOT included in iPaC (GARFO has the Section 7 Mapper)).
Contact Us
Please send consultation initiation and concurrence requests to: Jennifer Anderson, NOAA Fisheries Greater Atlantic Regional Fisheries Office, Protected Resources Division, 55 Great Republic Drive, Gloucester, MA 01930 or by email. If you have any questions regarding the ESA Section 7 consultation process, please contact us.
