U.S. Fish and Wildlife Service Migratory Bird Program Conserving America’s Birds Addressing Migratory Birds in NEPA Migratory Bird Conservation for Federal Partners March 2016, NMFWA

Migratory Bird Program - Conserving America’s Birds Addressing Migratory Birds in NEPA NEPA Considerations – Common Questions Common Questions: How do I know I’ve analyzed the correct birds? What if there are a lot of species to consider? What if seasonal habitat restrictions conflict? How do I know I’ve recommended enough mitigation? How do I know I’ve recommended appropriate mitigation? What if I don’t have enough data to recommend specific mitigation?

Migratory Bird Program - Conserving America’s Birds NEPA is a like a puzzle Assembling all the Parts How Why When Who What Where

Migratory Bird Program - Conserving America’s Birds Addressing Migratory Birds in NEPA Most NEPA coordinators are not bird biologists or wildlife biologists. NEPA coordinators must juggle the full spectrum of resources and how they interact at a project… NEPA Considerations

Migratory Bird Program - Conserving America’s Birds NEPA Considerations Addressing Migratory Birds in NEPA Umbrella process to coordinate compliance with federal, state and local laws, while protecting resources such as: Wetlands Farmland Historic preservation Air quality Noise Traffic Cultural resources Economic impacts Federal, state, and local laws Endangered species Migratory Birds Civil rights Environmental justice And more…

Migratory Bird Program - Conserving America’s Birds NEPA Considerations – Laws and Regs Addressing Migratory Birds in NEPA Remember the Executive Order…. Federal Agencies must protect migratory birds Comply with MBTA, the Eagle Act, and EO 13186…under NEPA umbrella Federal agencies may incur civil liability under the MBTA for ongoing or proposed actions that take birds

Migratory Bird Program - Conserving America’s Birds NEPA Considerations – Laws and Regs Addressing Migratory Birds in NEPA The Administrative Procedure Act (APA) allows a private party to request that a court enjoin an agency action that does not comply with the MBTA FWS Law Enforcement can use discretion, especially when organizations are willing to work with FWS to avoid or minimize impacts

Migratory Bird Program - Conserving America’s Birds NEPA Considerations – Laws and Regs Addressing Migratory Birds in NEPA Documentation of the NEPA process A mechanism for federal agencies to document and demonstrate they are meeting their due diligence relative to protecting migratory bird resources.

Migratory Bird Program - Conserving America’s Birds NEPA Considerations – Significance and Implementation Addressing Migratory Birds in NEPA Project Description Affected Environment Effects Analysis Environmental Consequences and Mitigation Determine the significance of project’s effects on Migratory Birds.

Migratory Bird Program - Conserving America’s Birds NEPA Considerations – Proposed Action Addressing Migratory Birds in NEPA ….THIS DRIVES THE DOCUMENT SO IT MUST BE CLEAR If it is spelled out like an instruction manual, it will help clarify effects pathways and stressors. “I want to be able to follow a drop of water from upstream, through each part of the project, then downstream”

Migratory Bird Program - Conserving America’s Birds Addressing Migratory Birds in NEPA NEPA Considerations- Affected Environment

Migratory Bird Program - Conserving America’s Birds Addressing Migratory Birds in NEPA The Environmental Effects and Analyses should be cross-walked to the project activities and biological resources in the Affected Environment. Evaluate short-term versus long-term, direct and indirect effects, to local and/or regional populations. NEPA Considerations –Environmental Effects

Migratory Bird Program - Conserving America’s Birds Addressing Migratory Birds in NEPA NEPA Considerations – Significance and Implementation Significance Factors: Context Driven Which species would be impacted? BCCs? Culturally important species? Economically important species? State-listed (non-ESA) species?

Migratory Bird Program - Conserving America’s Birds Addressing Migratory Birds in NEPA NEPA Considerations – ROD to Implementation Significance Factors and Recommending Actions Is there a standard mitigation measure commonly used? Precedent For unavoidable impacts, can you modify the proposed action to create a new alternative? MOU recommendations?