



Considerations for action agencies when making a no effect determination.
In order for an action agency to determine if any activities will have “no effect” on listed species and critical habitat in the action area, you must be able to make the determination for ALL species and critical habitat (CH) in the action area. If you determine that the action has no effect, there is no further Section 7 consultation with NOAA Fisheries. You should document the “no effect” determination for your files in order to explain why you are not consulting with NOAA Fisheries under ESA Section 7. Be sure to indicate which STRESSORS are relevant to the action under consideration. It is not necessary to notify NOAA Fisheries or seek our concurrence with your no effect determination as we are not obligated to review it, concur with it, or otherwise provide comments on it. We focus our limited resources on actions that do require Section 7 consultation. This outline provides general guidance. Each action agency is responsible for ensuring that it has considered all relevant factors and circumstances, as well as the best available scientific and commercial data.
Stressor |
It is appropriate to make a No Effect determination if: |
---|---|
Sound |
Any of the following apply:
|
Habitat Structure & Disturbance |
Either of the following apply:
|
Dredging |
Species are not present where effects are likely to occur |
Water Quality |
Any of the following apply:
|
Prey Quantity/Quality |
Any of the following apply:
|
Vessels |
Either of the following apply:
|
In-water Structures including Aquaculture | Appropriate determination if listed species are NOT present in area affected by the gear |
If the action area is within Atlantic salmon CH (see 50 CFR Sec. 226.217), review Atlantic salmon CH matrix to determine which essential features are present in the action area. Then, determine if any of the activities will have “no effect” on CH. Indicate which stressors are relevant to the action under consideration.
Stressor |
It is appropriate to make a No Effect determination if: |
---|---|
Sound |
Either of the following apply:
|
Habitat Structure & Disturbance |
Either of the following apply:
|
Dredging |
No Essential Features present in action area |
Water Quality |
Any of the following apply:
|
In-water Structures including Aquaculture |
No Essential Features present in action area |
Prey Quantity/Quality |
Any of the following apply:
|
Native Fish Composition |
No permanent or temporary impacts or changes in native fish community (i.e., no change in the abundance of native fish community, the accessibility of the habitat in the action area to them, or the ability of that habitat to support them) |
If the action area is within Atlantic sturgeon CH (see 50 CFR 226), review Atlantic sturgeon CH Physical and Biological Features (PBFs) to determine which essential features are present in the action area. Then, determine if any of the activities will have “no effect” on CH. Indicate which stressors are relevant to the action under consideration.
Stressor |
It is appropriate to make a No Effect determination if: |
---|---|
Sound |
Either of the following apply:
|
Habitat Structure & Disturbance |
Either of the following apply:
|
Dredging |
Either of the following apply:
|
Water Quality |
Any of the following apply:
|
In-water Structures including Aquaculture |
No Physical and Biological Features present in action area |
Prey Quantity/Quality |
Any of the following apply:
|
If the action area is within North Atlantic Right Whale Critical Habitat (RW CH) (see 81 FR 4838, January 27, 2016), determine if any aspects of the action have “no effect” on the physical or biological features of CH. The activity is only eligible for the LOC program if the action area does not overlap at all with right whale CH or, if there is overlap, you have not identified any routes of effects/stressors that may adversely affect the physical or biological features of RW CH (i.e., you can make a “no effect” determination for RW CH).
Stressor |
It is appropriate to make a No Effect determination if: |
---|---|
Size and Density of Adult Copepod Patches |
All of the following apply:
|
Physical and Oceanographic Features that Aggregate Copepods | The activity under consideration will have no effect on currents and circulation patterns, bathymetric features (basins, banks, and channels), oceanic fronts, density gradients, and temperature regimes in any part of the designation within the Gulf of Maine |