SPILL CONTROL ASSOCIATION OF AMERICA ANNUAL MEETING MARCH 20 & 21, 2014 Office of Marine Environmental Response Policy

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

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 3 Office of Marine Environmental Response Policy

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 4 Office of Marine Environmental Response Policy

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concurrence Region VI: Awaiting Deepwater Horizon BA Region IV: ESA &EFH dispersant pre-authorization consultation out of date & needs EFH information Region III: Significant ACP updates with informal consultation, awaiting concurrence 5 Office of Marine Environmental Response Policy

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 6 Office of Marine Environmental Response Policy

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

Training Resources U.S. Fish & Wildlife Service  National Conservation Training Center  Interagency Consultation for Endangered Species  4-day course, offered every few months  urseCodeLong=FWS-CSP Office of Marine Environmental Response Policy

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 Office of Marine Environmental Response Policy

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. 10 Office of Mareine Environmental Response Policy

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

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

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 13 Office of Marine Environmental Response Policy