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Section 7: Take Reporting & Programmatics in the Greater Atlantic Region

Information regarding the Greater Atlantic Region's Section 7 Programmatics and take reporting for biological opinions.

New England/Mid-Atlantic

Table of Contents

Biological Opinion - Take Reporting

Federal Action Agencies that authorize, fund, or carry out actions covered under a GARFO-issued Biological Opinion are required to report all incidental takes of ESA-listed species that occur during the scope of the project, per the Opinion’s non-discretionary Terms and Conditions. If an incidental take of an ESA-listed species occurs, the Action Agency should follow the standard operating procedures below, complete the Take Report Form immediately following the event (one per individual animal taken), and submit it electronically to nmfs.gar.incidental-take@noaa.gov. If an incidental take of an ESA-listed species occurs during a Federal dredging, nourishment, or construction activity not currently covered under a GARFO-issued Biological Opinion, the Federal action agency may also use the form below to report it to us.

This guidance currently applies to all Biological Opinions in the Greater Atlantic Region (Maine through Virginia) that involve the following activities: pile driving, bridge/road construction, dredging, beach nourishment, vessel operations (e.g., work barges and tugs), and relocation trawling. If your Biological Opinion does not encompass the activities listed above, please follow the take reporting guidance listed in your Opinion’s Terms and Conditions until otherwise notified by a GARFO PRD Section 7 biologist.

Please submit completed take report forms, together with any supporting photos or videos, to nmfs.gar.incidental-take@noaa.gov with "Take Report Form" in the subject line. Also, email any completed genetics sampling, observer, and relocation trawling forms only IF it is required in your Biological Opinion.

Take 

Sturgeon Genetics Sampling

Dredging

Relocation Trawling

Protected Species Observers

Protected Species Observers are trained professionals who provide independent protected species monitoring and mitigation services to help a wide range of industries meet their regulatory compliance needs, including supporting take reporting associated with the non-discretionary terms and conditions of biological opinions. In the New England/Mid-Atlantic area we review the qualifications of Protected Species Observers to make sure they have the expertise to support specific project work. 

See Protected Species Observers for more information

Programmatics

 

Guidance for Writing Justifications

GARFO (PRD) - USACE (NAD) NLAA Program

The GARFO (PRD)-USACE (NAD) 2017 NLAA Program (“NLAA Program”) represents an interagency effort to streamline ESA consultation for routine, non-controversial projects that are not likely to adversely affect (NLAA) ESA-listed species or critical habitat. The NLAA Program does not address whether or not certain activity categories or stressor levels will have no effect on listed species or critical habitat (this remains under the discretion of individual NAD Districts). Under the NLAA Program, individual projects are reviewed using a streamlined verification form to demonstrate that the project falls within defined activity categories and stressor thresholds. Those which are ineligible require individual section 7 consultation (informal or formal, depending on whether or not the proposed work will likely adversely affect listed species or critical habitat).

(Please submit signed verification forms, together with any project plans, maps, supporting analyses, etc., to nmfs.gar.esa.section7@noaa.gov with "USACE NLAA Program: [Application Number]” in the subject line)

FHWA-GARFO Streamlining

GARFO and FHWA developed several documents to streamline section 7 consultations for transportation projects. The Consultation Process Guide and Best Management Practices Manual are applicable for all transportation projects occurring in the Greater Atlantic Region. The FHWA GARFO 2018 NLAA Program is an interagency effort to streamline ESA consultation for a subset of transportation projects that are not likely to adversely affect (NLAA) ESA-listed species or critical habitat. The purpose of the FHWA GARFO 2018 NLAA Program is to determine which activity categories and associated stressor thresholds provide a project’s eligibility for processing under the streamlined Verification Form. Those which are ineligible require individual section 7 consultation (informal or formal, depending on whether the proposed work will likely adversely affect listed species or habitat).

Please submit FHWA GARFO 2018 NLAA Program Verification Forms, together with any project plans, maps, supporting analyses, etc. to nmfs.gar.esa.section7@noaa.gov with "FHWA GARFO 2018 NLAA Program" in the subject line.

June 2018 Webinar - NMFS/FHWA ESA s7 and EFH Programmatic Consultations

PowerPoint Presentation (PDF, 34 pages) 

GARFO PRD - U.S. Navy (Navy) NLAA Program

The GARFO PRD-Navy 2021 NLAA Program (“2021 Navy NLAA Program”) represents an interagency effort to streamline ESA consultation for routine, non-controversial projects that are not likely to adversely affect (NLAA) ESA-listed species or critical habitat. The NLAA Program does not address whether or not certain activity categories or stressor levels will have no effect on listed species or critical habitat (this remains under the discretion of individual Navy facilities). Under the 2021 Navy NLAA Program, individual projects are reviewed using a streamlined verification form to demonstrate that the project falls within defined activity categories and stressor thresholds. Those that are ineligible require individual section 7 consultation (informal or formal, depending on whether or not the proposed work will likely adversely affect listed species or critical habitat).

(Please submit signed verification forms, together with any project plans, maps, supporting analyses, etc., to nmfs.gar.esa.section7@noaa.gov with "Navy NLAA Program: [Project Name]” in the subject line)

EPA NLAA Programmatic

The NLAA Programmatic for NPDES Permits in U.S. EPA Region 1 ("EPA NLAA Programmatic") represents an interagency effort to streamline ESA consultation for NPDES permit authorizations that are not likely to adversely affect (NLAA) ESA-listed species or critical habitat. Under the EPA NLAA Programmatic, NPDES permits are reviewed using a streamlined verification form to demonstrate that the action falls within defined activity categories and stressor thresholds. Those which are ineligible require individual section 7 consultation (informal or formal, depending on whether or not the action will likely adversely affect listed species or critical habitat). 

This framework may only be used by EPA Region 1 and NMFS Greater Atlantic Region biologists for NPDES permits in Massachusetts and New Hampshire. The EPA NLAA Programmatic does not address whether or not certain activity categories or stressor levels will have no effect on listed species or critical habitat (this remains under the discretion of EPA). No activities that are likely to adversely affect listed species (LAA) may be included under this framework. Please note that NOIs for inclusion under other, existing National Biological Opinions (e.g. for Pesticides General Permit, Construction General Permit, etc.), or any other framework outside the aforementioned scope may not be included herein. Please contact NMFS Office of Protected Resources for more information on national consultations.  

Please submit signed verification forms, along with any supporting information, to nmfs.gar.esa.section7@noaa.gov with "EPA NLAA Programmatic: [Permit Number]” in the subject line).

Offshore Wind Site Assessment and Site Characterization Activities Programmatic Consultation

The GARFO PRD-BOEM 2021 offshore wind programmatic consultation streamlines ESA consultation for certain site assessment and site characterization activities to support offshore wind development.  Carrying out these activities in compliance with a number of project design criteria (PDC) and best management practices (BMP) is not likely to adversely affect any ESA-listed species or critical habitat. The activities considered in this consultation are geophysical and geotechnical surveys and the deployment, operation, and retrieval of environmental data collection buoys. These activities are expected to support the siting of offshore wind turbines, cables, and associated offshore facilities such as substations or service platforms. The geographic area considered in the consultation is the U.S. Atlantic Outer Continental Shelf from the U.S./Canadian border in the North to Palm Bay, Florida in the South (i.e., BOEM’s North Atlantic, Mid-Atlantic, and South Atlantic Planning Areas). The activities considered in the consultation may be authorized, funded, or carried out by BOEM, the DOE, the EPA, the USACE, and NMFS (MMPA IHAs). The result of the consultation is a more efficient process for action agencies and NMFS to fund, authorize, or permit activities considered.  The consultation includes an expedited review process for actions that fall within the scope of the programmatic consultation. The consultation includes implementation directions for action agencies to follow. The PDCs and BMPs are included as an appendix to the consultation document.

Essential Fish Habitat 

Our Habitat and Ecosystem Services Division has also developed programmatic EFH consultations to streamline their consultation process while maintaining and improving the protection of fish habitat.

See Essential Fish Habitat Programmatic Consultations for more information

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Last updated by Greater Atlantic Regional Fisheries Office on 11/14/2023

Section 7 Consultation Endangered Species Act