Branch of Environmental Assessment (BEA)
Endangered Species Act (ESA)Congress passed
the Endangered Species Act (ESA;
16 U.S.C. 1531 et seq.) in 1973 to conserve
endangered and threatened species and their habitat. There are
approximately 1,930 species listed under the ESA, which are found in part or
entirely in the United States and its waters. The National Oceanic and
Atmospheric Administration’s
National Marine Fisheries Service (NMFS) and
the Department of the Interior’s
U.S. Fish and Wildlife Service
(USFWS) share responsibility for implementing the ESA, with NMFS generally
managing marine and anadromous species and USFWS managing land and
freshwater species.
Section 7 of the ESA mandates
that MMS and all other Federal Agencies consult with the Secretary of
Commerce (via NMFS) and/or Interior (via USFWS) to insure that any “agency
action” is not likely to jeopardize the continued existence of any
endangered or threatened species or result in the destruction or adverse
modification of an endangered or threatened species’ critical habitat.
The consultation process begins
when MMS provides NMFS and/or USFWS with details on the proposed activity,
the ESA-listed species and designated critical habitat in the area, the best
available information on effects to species and habitat from the proposed
action, and measures which will be required by MMS to reduce or eliminate
the potential for effects to occur (e.g., mitigation and monitoring
measures). Formal consultation will occur for any activity which MMS, NMFS,
or USFWS determine may adversely affect listed species or designated
critical habitat. The consultation process ends with the issuance of a
biological opinion by NMFS and/or USFWS. This opinion documents whether the
action MMS proposes to authorize is likely to jeopardize listed species or
adversely modify critical habitat. It may also provide an exemption for the
taking of listed species and may outline measures deemed necessary to
minimize impacts.
After completion of the
consultation process, MMS will determine whether to issue an authorization
for the proposed activity. If issued, MMS will require the implementation of
needed mitigation measures identified during the consultation process in
addition to monitoring measures meant to detect taking or adverse effects;
MMS will also evaluate the effectiveness of these mitigation and monitoring
measures to reduce effects. |
