Office of Marine Environmental Response Policy

1. Office of Marine Environmental Response Policy Spill control association of America annual meeting march 20 & 21, 2014

2. Environmental Consultation Requirements • Endangered Species Act (ESA) Section 7 • Essential Fish Habitat (EFH) • National Historic Preservations Act (NHPA) • Tribal – Executive Order 13175 Office of Marine Environmental Response Policy

3. ESA Memorandum of Agreement • The 2001 Interagency MOA provides guidance for ESA consultations. • MOA is used to identify & incorporate plans & procedures to protect listed species & designated habitat during spill planning & response activities • Signatories include USCG, EPA, DOI, Fish & Wildlife Service, NOAA’s NMFS & National Ocean Service (NOS) • Contains Purpose, Definitions, Procedures, & Planning Templates Office of Marine Environmental Response Policy

4. Coast Guard ESA Section 7 Policy • CGHQ released a policy letter in October to explain Section 7 & EFH consultation responsibilities • CG roles & responsibilities: • Co-Chair: Assembles experts to assist OSC • RRT Coordinator: Manages work & keeps group informed • DRAT: Advises on response strategies • FOSC: Coordinates local planning & response • SSC: Provides scientific advice on response strategies, oil fate and affect on endangered species Office of Marine Environmental Response Policy

5. Regional Activity • AK Region: Regional biological assessment (BA) update complete, awaiting concurrence • Region IX: California Dispersant Plan BA complete, awaiting concurrence • Region VI: Awaiting Deepwater Horizon BA • Region IV: ESA &EFH dispersant pre-authorization consultation out of date & needs EFH information • Region III: Significant ACP updates with informal consultation, awaiting concurrence Office of Marine Environmental Response Policy

6. Way Forward • National Strategy • Cooperation & collaboration among agencies & services • High-visibility plans are a top priority • Follow MOA & Policy • All ESA Consultations Current by 2018 • Continue to Clarify Guidance • Provide Technical & Legal Assistance • Training Opportunities at CGHQ & USF&W • Consider Updating the MOA in the Out Years Office of Marine Environmental Response Policy

7. Questions? Thank-you for your time Stewards of the Environment and Public Trust Office of Marine Environmental Response Policy

8. Training Resources • U.S. Fish & Wildlife Service • National Conservation Training Center • Interagency Consultation for Endangered Species • 4-day course, offered every few months • http://training.fws.gov/nctcweb/catalog/CourseDetail.aspx?CourseCodeLong=FWS-CSP3116 Office of Marine Environmental Response Policy

9. ESA Section 7 Policy – Future State • Key Points: • Coast Guard is re-energizing the process • Consultations may be out of date & require updating, but remain valid • Area Committees & Regional Teams own the process • Interagency cooperation & commitment is key • Have ESA consultations complete by 2018 Office of Marine Environmental Response Policy

10. ESA Section 7 Policy – Current State • The MOA states that the consultation process should be initiated and managed at the Area Committee level (i.e. where the action is planned). • Due to recent litigation the need for consultations during RRT & Area Committee planning is being reemphasized. Office of Mareine Environmental Response Policy

11. Key Documents • CG Policy Letter Office of Marine Environmental Response Policy

12. Key Documents • Memorandum of Agreement between: • DOI • NMFS • NOS • USCG • EPA Office of Marine Environmental Response Policy

13. ESA Section 7 Policy – Future State • Cooperation & coordination between the FOSCs & Services is key • RRTs & Area Committees may consider using ERA Workshops to develop appropriate response strategies as part of the ESA consultation process • ESA Section 7 Toolkit include: • Located on the MER Portal • MOA • Area Contingency Plan Job Aid • Best Management Practices Database Office of Marine Environmental Response Policy