



Mechanisms for authorizing salmon and steelhead hatchery operations and fisheries under the Endangered Species Act.
The ESA provides several mechanisms for authorizing hatchery operations and salmon fisheries. Not all are "permits," though each mechanism requires compliance with section 7 of the ESA. Some Federal actions, such as ESA Section 4(d) authorizations or ESA section 10 permits, may require additional analysis under the National Environmental Policy Act (NEPA). The following information describes the various forms of authorization under the ESA.
Section 7 of the ESA is one mechanism NOAA Fisheries uses to authorize hatchery and fishing actions that are funded, authorized, or carried out by a federal agency. Under Section 7, NOAA Fisheries can authorize take that is incidental to the operation of a hatchery program or to the conduct of a fishery.
Following consultation, NOAA Fisheries issues a biological opinion and an incidental take statement authorizing the incidental take (if appropriate) to the federal agency.
If a hatchery operation (federal or non-federal) purposely takes a threatened or endangered species, then NOAA Fisheries can authorize the program under Section 10 of the ESA.
Issuance of a Section 10(a)(1)(A) or Section 10(a)(1)(B) permit is a federal action that requires consultation under Section 7. As a result, the issuance of either type of Section 10 permit requires that a Section 7 consultation also be completed.
As provided for in the ESA, NOAA Fisheries identified criteria for fishery and hatchery plans that minimize impacts on listed salmon and steelhead. If these criteria are met, then additional federal protections are not needed and so, under section 4(d) of the ESA, take prohibitions would not apply. This applies to the incidental or direct take of threatened species only. The criteria are identified as “limits.”
For a description of submittal instructions, reporting requirements, NOAA Fisheries' review criteria, and authorization and notification processes, please review the 4(d) Rule Implementation Binder. (For an updated list of contacts, see our Salmon and Steelhead Recovery Points of Contact.)
ESA 4(d) rules are federal actions that trigger consultation under Section 7 of the ESA. As a result, a Section 7 consultation must be completed prior to making a 4(d) determination.