APPENDIX Region 6 Inland Area Contingency Plan Compliance with Section 7 of the Endangered Species Act

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1 APPENDIX Region 6 Inland Area Contingency Plan Compliance with Section 7 of the Endangered Species Act Pursuant to the 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, the following information is provided to assist in initial determinations related to the occurrence of listed species or critical habitats in areas that have been or may be impacted by oil discharges or hazardous substance releases. The Endangered Species Act of 1973 (ESA), as amended, 16 U.S.C et seq., provides a means to protect threatened and endangered species and the ecosystems upon which they depend. The ESA requires that Federal agencies insure that the actions they authorize, fund, or carry out do not jeopardize listed species or adversely modify their designated critical habitat. Regulations for conducting Section 7 consultation are set forth in 50 CFR Part 402. Since the states in EPA Region 6 contain 503 counties/parishes, it is not reasonably feasible to include lists for each of them. Therefore, the following instructions should allow the On-Scene Coordinator (OSC) or his/her representatives to determine if there are listed species or critical habitats in the area at risk of spill impacts. If that potential exists, the U.S. Department of the Interior s Regional Response Team 6 representative should be contacted as soon as possible to determine next steps which could include the determination of appropriate Fish and Wildlife Service (FWS) contacts responsible for the incident area. FWS staff could provide appropriate measures for avoidance of impacts or other best management practices for mitigation through an informal consultation. If significant impacts are then documented, the formal consultation process could be followed if appropriate and agreeable to both the FOSC and FWS. Use of the FWS ECOS Web Site Go to Input state and county/parish.

2 This is a portion of the page containing results. To get details for any of the species listed click on the name. The following example is what will then appear for the Texas prairie dawn wildflower. For most species, photos of the plant can be found by using a search engine to search on the scientific name. If you then click on View All, the screen shown as the small insert will then appear showing all counties where it appears.

3 In many states, more detailed information can be found at the Information, Planning, and Conservation web site also hosted by FWS. The Home Page for this site appears below and can be reached at: Click on Initial Project Scoping You can then define your project area (area that is impacted by the incident). If you click on the small box with the pencil inside, you are prompted to outline the impacted area on the map after you zoom in and out using the + or buttons to get the appropriate size. In this example the box that is shown on the map is the result.

4 You are then prompted to pick a selection that describes your project. One of the project types in the dropdown menu is Spill/Release. Then click Continue. At that point, data appears (see below) regarding a number of resources including, among others, listed species.

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8 At this point a list of Migratory Birds of Concern, National Wildlife Refuges, and information on the National Wetlands Inventory appears but is not included here.

9 EMERGENCY ENDANGERED SPECIES ACT (ESA) CONSULTATION OPTIONAL TEMPLATE During emergency events, the primary objective of the responding agency must be to protect human life and property and this objective takes precedence over normal consultation requirements. The primary objective of the Fish and Wildlife Service (FWS) during emergency consultation is to provide recommendations for minimizing adverse effects to listed species and designated critical habitat areas that may be adversely affected by emergency response activities. This optional template is intended to help streamline consultation when emergency spill response activities may adversely affect listed species or critical habitat. Emergency Contact: The DOI representative to Regional Response Team 6 should be contacted as soon as possible by telephone followed up by provision of this completed template via electronic mail. The DOI representative will provide appropriate information to FWS spill contacts along with the completed template. Instructions for Completing the Template Pages 1 3. The Federal On Scene Coordinator (FOSC) or other person designated by the FOSC for ESA consultation should completely fill out pages 1 3 based on a determination that there are listed species or their critical habitats in the impacted area. Information on whether those species are likely to occur can be obtained from the FWS ECOS or IPaC web sites by following the instructions in the Region 6 Inland Area Contingency Plan. All response actions including any pre approved practices to avoid or minimize impacts to listed species and critical habitats should be indicated. The FWS will assist in determining the presence of protected resources in the response area. The FWS will complete the impacts assessment considering the response actions and standard practices proposed and will indicate if the response will affect any listed species or critical habitat. The FWS will then provide recommendations to avoid and minimize any potentially adverse effects and transmit the completed form to the FOSC within 48 hours of receipt. Emergency response activities should not be delayed while awaiting a response from the FWS. The responding agency will implement as many measures and conservation measures as feasible without delaying the response. The FWS will be available for further coordination as requested. Post Emergency Once the emergency response actions are over, the FOSC or designee will notify the FWS of the measures that were implemented, and any incidental take or adverse modification or destruction of critical habitat. If no adverse impacts occurred, ESA consultation is complete. If any adverse impacts resulted from the emergency response activities, formal consultation will be required with the FWS.

10 EMERGENCY ENDANGERED SPECIES ACT CONSULTATION OPTIONAL TEMPLATE Date of Transmittal: FROM: To: Name: Phone: Fax: Phone: Date of Incident: Name of Incident: Location of Incident: Center Location (NAD 83) Latitude: Longitude: Location Type Check all that Apply Name/Landmarks Urban Terrestrial Port/Industrial/Canal Riverine Wetland Onshore Coastal Inshore/Estuarine Nearshore/Coastal Offshore/EEZ DESCRIPTION OF INCIDENT: Be as complete as possible. Include information on the type and amount of material spilled, initial impacts, and other relevant details. LIST ANY PRE APPROVED RESPONSE METHODS TO BE USED