1. The Section 6 Program of the Federal Endangered Species Act: Overview and Update New York Marine Endangered Species Workshop Port Jefferson, NY October 17-18, 2006

2. “The Secretary shall cooperate to the maximum extent practicable with the States.” Section 6(c) Cooperative Agreements with States Section 6(d) Financial Assistance for Cooperative Agreements Section 6(f) Regulations promulgated by States Under the Federal Endangered Species Act:

3. Current Cooperative Agreements South Carolina, 1984 Georgia, 1990 New York, 1992 Massachusetts, 1996 Maryland, 1998 North Carolina, 2000 Florida, 2003 Puerto Rico, 2003 U.S. Virgin Islands, 2003 New Jersey, 2004 Maine, 2005 Hawaii, 2006

4. Pending Agreements Delaware California Idaho Virginia

5. Agreements: Annual Renewal “the Secretary must find and annually thereafter reconfirm such finding…” 15 U.S.C. 1535 “The Cooperative Agreement, as well as the Assistant Administrator's finding upon which it is based, must be reconfirmed annually to ensure that it reflects new laws, species lists, rules or regulations, and programs and to demonstrate that it is still adequate and active.” 50 CFR 222.103 NMFS sends reminder letter by June 15th State submits information update by June 30th AA sends notification in writing by October 1st

6. Financial Assistance: The Section 6 Grant Program “…to assist in development of programs for the conservation of endangered and threatened species or to assist in monitoring the status of candidate…and recovered species…” 15 U.S.C. 1535

7. Section 6 Grant Program History FY03: 20 proposals received, 16 funded, $900K awarded FY04: 17 full proposals received, 14 funded, $720K awarded ($380K for new projects) FY05: 18 proposals received, 11 funded, $755K awarded FY06: 18 proposals received, 13 funded, $718K awarded FY07: 18 proposals received, reviews pending

8. Protected Species Cooperative Conservation Grant Program FUNDS SUPPORT: listed species, candidate species, and recently de-listed species EXAMPLE ACTIVITIES: Habitat restoration, species status surveys, health assessments, genetic studies, public education/ outreach, development of management plans Can also support HCP planning (document preparation, outreach, baseline surveys, inventories) FUNDS CANNOT SUPPORT: Projects that serve to satisfy regulatory requirements, including compliance with a sec7 Biological Opinion or fulfillment of commitments of a sec10 HCP

9. Financial Assistance: The Section 6 Grant Program Changes made in 2005: NOAA began administering grant program (formerly NFWF) Allow overhead costs up to 25% Project periods of up to 3 years Protected Species Cooperative Conservation Grants Statutory match requirements: 25%, one state 10%, two or more states

10. Recently Funded Projects in NY “Aerial Surveys of Cetaceans in the New York Bight” ($226,000) Multiple aerial surveys were conducted in contract with RFMRP between January and April of 2005 to document marine mammal presence in New York State and surrounding waters. A Marine Endangered Species Coordinator position was established in 2006 to develop a New York State Marine Endangered Species Management Program and Plan, and to implement priority conservation actions. “Marine Endangered Species Coordination” ($60,000)

11. Section 6 in relationship to State laws section 6(f): Any state law or regulation respecting take of listed species may be MORE restrictive than the ESA or its implementing regulations…but not less restrictive…

12. Section 6 in Relationship to the MMPA MMPA laws are preemptive, unless a section 6(c) agreement - e.g. Florida and manatees

13. Right Whale Research Program and Atlantic Coast States Cooperative Planning for Right Whale Recovery Seek to fund activities directed at reducing death and serious injury to right whales and implementation of recovery plan tasks Proactive Species Conservation Program - NEW Seeks to fund proactive conservation efforts for “Species of Concern” Eligible applicants are state, tribal or local governments that have management or regulatory authority Competitive grant process $490,000 awarded in FY06 SOC list can be found on our webiste: http://www.nmfs.noaa.gov/pr/species/concern/#list http://www.nmfs.noaa.gov/pr/species/concern/#list Other Funding Sources

14. Projects begins October 1, 2006 ‘Year 1’ budget of $72K Partnering with U. of Southern MS and the Nature Conservancy Major objectives: evaluate current status, use TNC’s CAP process to develop conservation plan, seek approval of plan, and identify and prioritize habitat for protection or restoration Fundulus jenkinsi SOC Grant Program: Funded Project Saltmarsh topminnow: Conservation Planning and Implementation

15. SOC Grant Program: FY07 President’s Budget request: $1.8 M $650K will fund ‘year 2’ of existing grants RFP to publish in the December 2006 omnibus Federal Register notice http://www.nmfs.noaa.gov/pr/species/concern/grant.htm

16. Changing definition of “Candidate” species will now include species for which NMFS has announced initiation of a status review this change will add species to the list of those eligible for funding under section 6 grant program (e.g. Atlantic sturgeon, Atlantic salmon, black abalone) Recent Developments

17. Adding species to Species of Concern List Recent Developments porbeagle Shark (Lamna nasus) Sharks and Rays; Tricas et al. blueback herring (Alosa aestivalis) alewife (Alosa pseudoharengus)

18. For information on the NMFS section 6 program visit: http://www.nmfs.noaa.gov/pr/conservation/section6.htm