Endangered Species Emergency Consultation

Transcription

1 Endangered Species Emergency Consultation

2 Simplicity of Endangered Species Act Emergency Consultations Regional Response Team IV Columbia, SC March 7-9, 2017 USFWS Regional Spill/NRDA/Contaminants Coordinator Greg R. Masson Ph.D.

3 Oil Spill Response = Emergency Action FOSC notifies FWS emergency consultation Response continues until case is closed Report is issued and after-the-fact permit given Biological Opinion if formal; Concurrence if informal Optional Contingency Plans with ESA consult Drawbacks and benefits

4 FWS is a manager of Trust Resources. Trust Resources include migratory birds, certain interjurisdictional fish, threatened and endangered species and their habitats, as well as all FWS lands. Nothing within the Endangered Species Act limits the application of spill response actions needed to protect human life and property.

5 Services Roles Oversee implementation of response measures for unoiled wildlife. Oversee implementation of oiled wildlife capture and treatment programs. Coordinate required Endangered Species Act Section 7 consultations. Pursue preliminary assessment screen for Natural Resource Damage Assessment if necessary

6 FOSC and Services Can do an informal consultation that is verbal and legal. If necessary, a formal consultation can be done after the fact. In some regions, consultations can be done quickly online

7 Ecological Services Field Offices WILD Endangered Species IPaC Wetlands National Wetlands Inventory Refuges National Wildlife Refuge System

8 Appendix A from the MOA Appendix A from the MOA MOA full title: Inter agency Memorandum of Agreement Regarding Oil Spill Planning and Response Activities Under the Federal Water Pollution Control Act s National Oil and Hazardous Substances Pollution Contingency Plan and the Endangered Species Act

9 Laws and Regulations enforced by FWS National Environmental Policy Act Endangered Species HBH1 Act Migratory Bird Treaty Act HBH2 National Wildlife Refuge Act Marine Mammal Act HBH3 Bald and Golden Eagle Act

10 Slide 9 HBH1 HBH2 HBH3 Migratory Bird Treaty Act Holly Herod, 12/18/2012 Marine Mammal Protection Act Holly Herod, 12/18/2012 Bald and Golden Eagle Protection Act Holly Herod, 12/18/2012

11 How can FOSC s identify issues Ecological Services Field Offices WILD Endangered Species IPaC Southeast Regional Website Wetlands National Wetlands Inventory Refuges National Wildlife Refuge System

12 Endangered Species Act (ESA) The ESA provides a program for the conservation of threatened or endangered plants or animals and the habitats in which they reside. ESA requires all federal agencies to ensure that actions they authorize, fund, or carry out are not likely to jeopardize the continued existence of listed species.

13 Endangered Species Act (ESA)

14 ES Consultations Can do an informal consultation that is verbal and legal. If necessary, a formal consultation can be done after the fact. In some regions, consultations can be done quickly online es/emergency_consult.html

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16 Spill Response Decision Tree Step-wise Progression for Response Actions to Oil Spill/Hazardous Material Release Each spill or release is unique, however, there are common threads and therefore an Incident Command System provides a unified and logical approach OSC/UC 1 requests presence of DOI to support response Notification of OLE FWS Representative makes Determination of Present and Potential Threat to Trust Resources 2 1 On Scene Coordinator Unified Command Generally a Spill affecting resources = responder needed (Don t forget the Regional Spill Coordinator is ready to assist ) 2 Trust Resources = T&E and At Risk Species, NWR, Migratory Birds, Certain Interjurisdictional Fishes, Questions for a response decision. How much Product? What kind of Product? Where is the Release? Threats to what Resources(s)? Other factors to be considered e.g. scientific expertise, support of partners, an integrated response plan etc.

17 IF no threat determined or anticipated to Trust Resources No Response, Monitoring of Event until safe conclusion to ensure threat to Trust Resources does not change. IF a threat to Trust resources is observed, or anticipated When to call Regional Office for Guidance Has spill been Federalized Is technical assistance needed Are more resources necessary Is an increase needed for the PRFA Increase personnel Response Needed, Evaluate Severity of Threat Implement Response Plan Evaluation of Response Effort Mobilize response personnel Evaluation of Response Effort Reassess response effort Maintain present effort Reduce personnel

18 Questions?

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