Section 7: Emergency Consultations in the Pacific Islands Region
Information about emergency consultations and procedures.
What is an Emergency?
According to Section 7 regulations of the Endangered Species Act (ESA), an emergency is a situation involving an act of God, disasters, casualties, national defense or security emergencies, etc., and includes response activities that must be taken to prevent imminent loss of human life or property. Predictable events usually do not qualify as emergencies under Section 7 unless there is a significant risk to human life or property.
Agency Roles During an Emergency
Emergency consultation procedures allow for rapid communication between agencies and give the federal action agency, or the responding agency, the ability to incorporate endangered species concerns into their emergency response plans.
A federal action agency’s primary objective during an emergency is to protect human life and property. NOAA Fisheries provides technical advice and recommendations to that agency, such as best management practices for minimizing adverse effects to ESA-listed species and their designated critical habitats.
The protection of ESA-listed species and designated critical habitat is warranted when it will not interfere with the emergency response to protect human life and property.
Endangered Species Act Emergency Response Process
Step 1–Initiate Contact
During an emergency response, the federal action agency must provide us the following information:
- What is the nature of the emergency action?
- What is the justification for the expedited consultation?
- What are the impacts to endangered or threatened species and their designated critical habitats?
This information should be emailed to efhesaconsult@noaa.gov, and to the Interagency Cooperation Branch Chief, Ron Dean (ron.dean@noaa.gov).
We will provide technical advice and recommendations, including best management practices, for minimizing adverse effects to listed species and their designated critical habitats during emergency response activities.
Examples of these include:
- Recommendations for General In-water Response Activities (PDF, 3 pages)
- Recommendations for Stormwater Runoff from Proposed Activities (PDF, 3 pages)
- Recommendations for Unexploded Ordnance Disposal (PDF, 1 page)
Step 2–Evaluate Impacts
Once the emergency is over, the federal action agency must:
- Evaluate the emergency consultation measures
- Identify any incidental take of a species or adverse effects to designated critical habitat
- Report this information to efhesaconsult@noaa.gov, and to the Interagency Cooperation Branch Chief, Ron Dean (ron.dean@noaa.gov).
Step 3–Complete Consultation
If adverse effects to listed species or their designated critical habitat occurred, NOAA Fisheries will provide an after-the-fact biological opinion. The biological opinion states our determination whether the emergency activities were likely to jeopardize the continued existence of any endangered or threatened species, or destroy or adversely modify any designated critical habitat for those species. It will also contain an incidental take statement that specifies the amount or extent and the impact of any incidental take of these protected species. If no take occurred, an after-the-fact biological opinion is not required.