Process for Effects Determination Criteria Development

1. Process for Effects Determination Criteria Development Process for Effects Determination Criteria Development

2. Criteria Development Process Process for Effects Determination Criteria Development

3. Objectives • Determine & Document The Conditions When Activities Do Not Have The Potential To Adversely Affect A Species • Where There Are Conditions When An Activity Has The Potential To Adversely Affect A Species, Describe The Project Criteria That Results In The Avoidance Of These Potential Adverse Effects • Describe Ways To Implement An Activity So That It Contributes To The Conservation & Recovery Of The Species Process for Effects Determination Criteria Development

4. Benefits Expected • Development of Tools The Field Units Can Use To Increase The Efficiency Of Consultation On Activities • Separate Non-Complex NLAA Activities From Complex Activities Needing Local Discussion • Build A Foundation For Future Plans To Increase Consultation Efficiency • Such As Programmatic Or Expedited Approaches • Details Of These Approaches To Be Further Refined Process for Effects Determination Criteria Development

5. Guiding Principles • Use Existing Examples & Products Whenever Possible • We Are Not Inventing A New Approach To Consultation, We Are Using Programs (Fire Plan, Energy, Recreation, Grazing) As An Opportunity To Improve Our Approaches To Consultation • Our Goal Is To Contribute To Making Consultation Strategic, Meaningful, And Concise Process for Effects Determination Criteria Development

6. Conceptual Process • Understand Activities & Work Elements • Identify The Ways A Work Activity Could Affect The Species Being Considered • Determine Which Of These Could Potentially Adversely Affect The Species • Develop Criteria That Will Avoid These Potential Adverse Effects Process for Effects Determination Criteria Development

7. Activity Description Process Summary Potential Effect Analysis Criteria Development Compilation & Review Distribution & Use Process for Effects Determination Criteria Development

8. Activity Description • Understanding The Proposed Activities Is The Key To Realistic Evaluation Of The Potential Effects On The Species • This Is About Communication Between The Activity Experts And The Species Teams • Activity Experts Define and Refine Activity Descriptions • Coordination Between Activity Experts Is Needed To Understand & Address Overlap Between Activity Types Process for Effects Determination Criteria Development

9. Hierarchy Of Activity Description Terms Process for Effects Determination Criteria Development

10. Example Activity Description • Oil and Gas Development • Activity type • Well pad construction • Activity Component • Dozer, scraper work, surfacing of pad • Work Element Process for Effects Determination Criteria Development

11. Approach To Activity Description • Initial Activity Description Will Be Defined By Activity Expert • Structured Interaction Between Species Team And Activity Experts To Begin Process • Need For Refinement Identified Through Coordination With Species Teams & Other Activity Type Experts Process for Effects Determination Criteria Development

12. Determine The Ways A Species Is Potentially Affected = Effect Pathway Proceed To Criteria Development For Potentially Adverse Effects Describe Conditions That Result In Differing Effects Assign Potential Effects To These Conditions Conditional Statement = Potential Effect Document Rationale Where Effects Are Not Potentially Adverse Rationale = Process for Effects Determination Criteria Development

13. Effect Pathway • The Mechanism Or Way In Which A Species Is Affected By The Work Element • Likely To Include Both The Physical Mechanism Of Effect And The Consequences To The Species • Example: • Juvenile Mortality From Entrainment In Pump Intake • Expect To See Some Standardization Across Work Elements • Teams Should Look For Opportunity For Consistency Process for Effects Determination Criteria Development

14. Determine The Ways A Species Is Potentially Affected = Effect Pathway Proceed To Criteria Development For Potentially Adverse Effects Describe Conditions That Result In Differing Effects Assign Potential Effects To These Conditions Conditional Statement = Potential Effect Document Rationale Where Effects Are Not Potentially Adverse Rationale = Process for Effects Determination Criteria Development

15. Conditional Statement • They Need To Cover The Full Range Of Situations Under Which This Work Element May Occur • Across The Footprint Of Interagency Effort • Generally You Will Have Two Or Three Conditional Statements For Each Effect Pathway • Nothing Is Left To Be Assumed • Teams Are Expected To Become Very Efficient At Developing Sets Of Conditional Statements • Expect Some Standardization By Effect Pathway Process for Effects Determination Criteria Development

16. Conditional Statement, Continued • Conditional Statements May Include References To Settings (Habitats), Locations, Proximity, Timeframes, Species Information (Range, Lifestages, & Use), Or Ecosystem Conditions • Use Your Imagination In General Conditional Statements Should Not Include Information About The Way An Activity Is Implemented • Save That For Criteria Development Process for Effects Determination Criteria Development

17. Example Set Of Conditional Statements • In Streams Not Occupied By The Species and Not Listed As Critical Habitat • Streams Potentially Occupied By The Species Where Conditions Do Not Support Spawning • Streams Potentially Occupied By The Species Where Conditions Do Support Spawning Process for Effects Determination Criteria Development

18. Determine The Ways A Species Is Potentially Affected = Effect Pathway Proceed To Criteria Development For Potentially Adverse Effects Describe Conditions That Result In Differing Effects Assign Potential Effects To These Conditions Conditional Statement = Potential Effect Document Rationale Where Effects Are Not Potentially Adverse Rationale = Process for Effects Determination Criteria Development

19. Potential Effect Determination • The Level Of Effect Expected For The Work Element Under The Defined Conditions (Conditional Statement) • Most Severe Effect Possible • Options Include: No Effect, Discountable, Negligible (Insignificant), Beneficial, and Potentially Adverse • “Unable To Reach Agreement” Available To Document The Inability To Reach Consensus • “Conserve/Restore” Used For Recommendations Regarding Contributions To Conservation/Recovery Process for Effects Determination Criteria Development

20. Potential Effect Determination Defines The Path To Completion • For No Effect, Negligible (Insignificant), Discountable and Beneficial Determinations No Criteria Are Developed (You’re Done!) • Documenting Rationale Is Very Important • Proceed To Criteria Development For Potentially Adverse and Conserve/Restore Determinations Process for Effects Determination Criteria Development

21. Determine The Ways A Species Is Potentially Affected = Effect Pathway Proceed To Criteria Development For Potentially Adverse Effects Describe Conditions That Result In Differing Effects Assign Potential Effects To These Conditions Conditional Statement = Potential Effect Document Rationale Where Effects Are Not Potentially Adverse Rationale = Process for Effects Determination Criteria Development

22. Effects Determination Criteria • Description Of The Aspects Of A Project Necessary For The Avoidance Of The Identified Potential Adverse Effects • Or How The Activity Can Contribute To Species Conservation/Recovery • Generally A Description Of How The Activity Needs To Be Implemented • If It Meets The Conditions Described In The Conditional Statement Process for Effects Determination Criteria Development

23. Criteria Development • Ability To Develop Criteria That Avoid Potential Adverse Effects Will Vary By Activity Type • Some Are Going To Be Easy, Some Hard • Criteria Need To Be Specific Enough To Be Useful & Workable For The Field Units • Will Require A Good Understanding Of The Work Element And How It Is Implemented Process for Effects Determination Criteria Development

24. Difference Between Criteria And Conditional Statements • In General Criteria Will Be About The Activities Themselves • How They Are Performed • Conditional Statements Will Be About The Setting Of The Activities • When & Where They Are Performed Process for Effects Determination Criteria Development

25. Questions Considered By The People Who Will Use This Tool • Does My Project Occur Under These Conditions? • To Determine If They Meet The Conditional Statement And If The Project Criteria Apply • If Yes, Then….. • Does My Project Satisfy The Criteria? • To Determine If Their Project Is NLAA According To This Simplified Analysis Process for Effects Determination Criteria Development

26. Future Consultation Developments • In The Beginning, Use Of Criteria Will Allow For Familiarization and Refinement As Needed • And Hopefully The Building Of Confidence In This Approach • Agencies Expect To Build Further Efficiencies For 2002 and Beyond • Using These Criteria As The Foundation • If Successful, This Approach Will Probably Be Expanded To Additional Programs and Species Process for Effects Determination Criteria Development