Endangered Species Act Emergency Consultations on the West Coast
The ESA provides for emergency consultation that can expedite communication and incorporate endangered species concerns into the emergency response to minimize adverse effects on listed species.
Overview
NOAA Fisheries recognizes that wildfires, flooding, and other emergency situations involving national security and other interests require immediate response.
The ESA provides for emergency consultation that can expedite communication and incorporate endangered species concerns into the emergency response to minimize adverse effects on listed species. Specifically, 50 C.F.R 402.05(a) provides that “[w]here emergency circumstances mandate the need to consult in an expedited manner, consultation may be conducted informally through alternative procedures…This provision applies to situations involving acts of God, disasters, casualties, national defense or security emergencies, etc.” In such an emergency, the regulations provide that “[f]ormal consultation shall be initiated as soon as practicable after the emergency is under control.”
Under these authorities, NOAA Fisheries recognizes that disasters such as wildfires, flooding, and other emergency situations involving national security and other interests require immediate response. The ESA provides for emergency consultation using alternate procedures that expedite communication and allow responding agencies to incorporate endangered species concerns into the emergency response to minimize adverse effects on listed species. The determination of the existence of an emergency and the scope of any required emergency response is the decision of an action agency.
During any emergency, NOAA Fisheries' primary objective is to provide technical advice and recommendations, including Best Management Practices, for minimizing adverse effects to listed species during emergency response activities. During emergency events, the primary objective of the responding agency is the emergency response and this objective takes precedence if there is a conflict with protective measures for listed species under the ESA. The protection of ESA-listed species and designated critical habitat is warranted when it will not interfere with the emergency response.
Initiating Contact
If requested, NOAA Fisheries may provide recommendations to an action agency on how to avoid or minimize adverse effects on species listed under the Endangered Species Act and their critical habitat. An agency also may request consultation with us as soon as practicable after an emergency has passed if it determines an adverse effect has occurred. Please use your current consultation request contacts at NOAA Fisheries' West Coast Region. If you are unsure, please find a list of contacts here: https://www.fisheries.noaa.gov/west-coast/consultations/esa-section-7-consultations-west-coast.
NOAA Fisheries Recommendations
If requested and appropriate, NOAA Fisheries may offer recommended protective measures. The intent of these recommendations is to minimize risk of harm to listed species and critical habitat from response activities and to improve prospects for recovery after the emergency. During an emergency NOAA Fisheries stands ready to coordinate and provide ongoing support.
Emergency Over
Once the emergency is over, NOAA Fisheries may work with the action agency to complete an ESA consultation. We may also work with partners to assess impacts, minimize additional harm to listed species and critical habitat, and to improve their prospects for recovery.
Questions?
If you have questions please visit our ESA Section 7 Consultations on the West Coast page for specific staff contacts.