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NOAA OFFICE OF RESPONSE AND RESTORATION ROLES DURING AN OIL SPILL RESPONSE. Essential Fish Habitat and Endangered Species Act Consultation Process – Status Presented to RRT IV Meeting Savannah, GA February 18, 2010 By Jim Jeansonne, NOAA SSC. STEPS TAKEN SINCE AUGUST 2009 RRT IV MEETING.
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NOAA OFFICE OF RESPONSE AND RESTORATION ROLES DURING AN OIL SPILL RESPONSE Essential Fish Habitat and Endangered Species Act Consultation Process – Status Presented to RRT IV Meeting Savannah, GA February 18, 2010 By Jim Jeansonne, NOAA SSC
STEPS TAKEN SINCE AUGUST 2009 RRT IV MEETING • Created a NOAA working group – Southeast SSCs and NMFS Southeast Regional Office plus DOI and EPA and USCG as appropriate • Review existing documents – Laws, Regs, Guidance, and previous consultations • Discussed the issues, perspectives and alternatives to improve the consultation for Region IV.
REVIEWED DOCUMENTS • 2001 MOA between USCG, EPA, DOI, USFWS, NOAA-NMFS, NOAA-NOS (OR&R) • MOA Guidebook (2002) • MOA Training “CD” (2002) • Memo on wildfire fuels reduction – “Fuels memo” • NW ACP ESA-EFH Programmatic Consult (2002)
RESULTS TO DATE -1 • FOSC CONCERNS – If you consult with your Service RRT reps, the NOAA SSC, and use “Best Management Practices” you have a low risk profile • Coordinating during pre-spill planning at the RRT and Area Committee level goes a long way toward smoothing the Emergency Consultation Process
RESULTS–TO--DATE (2) • The EFH and ESA Consultation processes are similar but separate • Some efficiency can be gained by combining the coordination effort during the response phase • An EFH Programmatic Consultation (PC) should be in-place by Fall of 2010 (per David Dale, NMFS)
RESULTS–TO--DATE (3) • An ESA Programmatic would likely take 1 to 2 years • We haven’t determined yet if doing a programmatic is worth the effort (“Pay me now” vs. “Pay me Later”) • We need to improve understanding of the process on both sides (Response and Services) • Meeting in St. Petersburg to advance the process on March 3 and 4, 2010.
SOME KEY POINTS LEARNED • An FOSC may use a PRFA for the Emergency Consultation effort, per the MOA (but obligate it during the emergency!) Guidelines are in the MOA • The MOA Guidebook will likely be used heavily as we move forward • The Consult Process should be in each ACP (once we refine it) • If an FOSC hands off the response to a state, the consultation requirement may or may not go away
QUESTIONS? Contact: Jim Jeansonne NOAA SSC in St. Petersburg, FL jim.jeansonne@noaa.gov Cellular: 206-276-5308