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USFWS Perspectives on Hydro ESA Consultation

USFWS Perspectives on Hydro ESA Consultation. Strategies for Effective, Timely Section 7 Consultation Doug Young Energy Program Manager, FWS, Oregon. U.S. Fish and Wildlife Service Regions. Pacific Region. FWS Hydro ESA Issues in NW. Fish and critical habitat: bull trout

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USFWS Perspectives on Hydro ESA Consultation

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  1. USFWS Perspectives on Hydro ESA Consultation Strategies for Effective, Timely Section 7 Consultation Doug Young Energy Program Manager, FWS, Oregon

  2. U.S. Fish and Wildlife Service Regions

  3. Pacific Region

  4. FWS Hydro ESA Issues in NW Fish and critical habitat: • bull trout • (Pacific lamprey) Wildlife and plants and critical habitat : • Northern spotted owl

  5. Pending FERC Applications in NW Original Licenses: • 5 in Idaho, 4 in Washington, 6 in Oregon • 9 ILP, 6 TLP • Limited complex ESA section 7 consultations anticipated • Many go away before ESA Relicense: • 1 in Idaho, 2 in Washington, 3 in Oregon • 3 ILP, 3 TLP • Complex ESA consultations likely…

  6. When ESA (and other) complexity is anticipated… • Get started early with good planning, team building, studies and communication (informal) • Make your choice: ILP or TLP • But make informed choice!

  7. Integrated Licensing Process Upsides: • Faster • More FERC involvement • Might be able to build some collaboration into rapid, intense process Downsides: • Challenging timeframes and milestones are disincentive for collaborative engagement – and FWS has limited staff capacity to achieve ILP and collaborative process • Higher likelihood of applying other FPA authorities if the ESA Proposed Action doesn’t meet expectations = less certainty of outcome • Lost opportunities to reach “elegant solutions”

  8. Benefits of TLP Collaboration: Examples from Oregon • “Mutual interests lead to solutions that otherwise are foregone” Julie Keil, PGE Clackamas: • Looked at entire project, not piecemeal • Investments focused in best locations • Modeling and studies to determine iteratively when compliance is reached • Regulatory agencies not forced into using all regulatory tools Willamette Falls: • Negotiated performance-based survival criteria • Avoided multiple, extremely costly screens

  9. Recommendations • Ask FERC to be the Nonfederal Representative for ESA • Use TLP, or a more collaborative version of ILP • Collaborate: engage early, communicate, frontload, build mutual interests, share risk • Seek agreements that satisfy ESA as well as FPA (4e, 10j, 18) • Understand that FWS doesn’t have too many bodies –engagement where project appears viable, process is collaborative, conservation opportunities exist • Consider providing 3rd party contractor support

  10. Will it be J.A.M or Collaboration?

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