Guidance, Technical Assistance & Planning

Endangered Species Act (ESA) Section 7

ESA MOA

An interagency Memorandum of Agreement Regarding Oil Spill Planning and Response Activities Under the Federal Water Pollution Control Act's National Oil and Hazardous Substances Pollution Contingency Plan
This 2001 Memorandum of Agreement (MOA) provides a framework for cooperation and participation among parties involved in oil spill planning and response. It outlines procedures to streamline Endangered Species Act (ESA) compliance process before, during and after an incident.

1-Hour Presentation on Endangered Species Act Memorandum of Agreement (2002)
A 1-hour presentation on "An interagency Memorandum of Agreement (MOA) Regarding Oil Spill Planning and Response Activities Under the Federal Water Pollution Control Act's National Oil and Hazardous Substances Pollution Contingency Plan (NCP)," otherwise known as the Endangered Species Act (ESA) Memorandum of Agreement (MOA). This presentation is intended to help establish procedures to facilitate smooth ESA consultation. It provides a basic review of the NCP and the National Response System (NRS) and discusses their relation to the ESA and Area Contingency Plan (ACP) fish and wildlife annex.

4-Hour Training Presentation on Endangered Species Act Memorandum of Agreement (2002)
Extended version of the 1-hour Endangered Species Act (ESA) Memorandum of Agreement (MOA) presentation.

Towards a Common Goal: Coordinating Actions Under the Clean Water Act and Endangered Species Act
This powerpoint presentation provides an overview of the Endangered Species Act (ESA) Memorandum of Agreement (MOA).

Frequently Asked Questions on Endangered Species Act Memorandum of Agreement
Answers frequently asked questions on the Memorandum of Agreement (MOA) for Spill Planning and Response under the Federal Water Pollution Control Act's (FWPCA) National Oil and Hazardous Substances Pollution Contingency Plan (NCP) and Endangered Species Act (ESA).

Instructor's Notes on the Endangered Species Act Memorandum of Agreement
An instructor aid for training session on the Endangered Species Act (ESA) Memorandum of Agreement (MOA); Provides three samples scenarios, criteria for developing one's own scenario and directions on how an instructor can effectively use a scenario during training.

Training Manual for Endangered Species Act Memorandum of Agreement (2002)
Created for use by federal agencies that signed the Endangered Species Act (ESA) Memorandum of Agreement (MOA), this guidebook is intended to familiarize workers and service reps with the details of the MOA. Both this guide and the ESA MOA strive to facilitate cooperation and understanding between agencies involved in oil spill planning and response, a process that must begin prior to any incident and continue long after that incident.

Sample Letters

Request for Technical Assistance (2019)
This template letter can be used by Action Agencies to request technical assistance from the Services to prepare and analyze potential impacts from spill response actions. The letter can be used in step 1 (Action Agency submits request for technical assistance) of the Endangered Species Act (ESA) Pre-spill Planning Consultation Process.

Request from Action Agencies to Services for Informal or Formal Consultation (2019)
This template letter can be used by Action Agencies to request informal or formal consultation with the Services.

Request for Concurrence
This sample letter requests informal review by the Division of Endangered Species at U.S. Fish and Wildlife Service/National Marine Fisheries Service (FWS/NMFS) of the plan in question.

Request for Formal Consultation
This is a sample letter requesting formal consultation from the Division of Endangered Species at FWS/NMFS.

Request for Species List
This sample letter requests guidance from the Division of Endangered Species at U.S. Fish and Wildlife Service/National Marine Fisheries Service (FWS/NMFS) in compiling such a list.

Pre-Spill Planning Resources

Outline for Biological Evaluations (2019)
The Outline for Biological Evaluations (BEs) provides Action Agencies with a framework and foundation for developing BEs. The outline describes key elements of each section and additional points to consider when preparing BEs.

Response Action Matrix Executive Summary
The summary provides an overview of a the Response Action Matrix.

Response Action Matrix (2019)
The Response Action Matrix describes the connection between the most common activities performed during spill operations and potential impacts to Endangered Species Act (ESA)-listed species or their habitats. It spotlights specific aspects of response activities that may fall within the scope of consultation. The Response Action Matrix is specifically designed to be used during step 2 (Action Agency modifies/reviews Response Action Matrix) of the ESA Pre-spill Planning Consultation Process. Note: users may need to download the file and change the file extension to ".xlsx" to open the file.

Species Matrix (2019)
The Species Matrix may be used for multiple purposes. It has been developed to primarily serve as a planning tool to help initiate and encourage conversations between the Services and the Action Agencies on how oil spill response activities may impact listed species. The document may also serve as an internal planning document for working together on oil spill response planning. Finally, once fully developed by the regions, the document may be used during all stages of a spill as a reference and guide for the decision making process.

Endangered Species Act Consultation Process for Pre-Spill Planning (2019)
Outlines parts of the Endangered Species Act (ESA) consultation process for pre-spill planning, specificaly technical assistance, informal consultation, and formal consultation. The outline includes references to sample letters and additional pre-spill planning resources developed by the NRT.

Post-Spill Resources

Coming in 2020
Coming in 2020

Emergency Consultation Resources

Coming in 2020
Coming in 2020

Additional Documents

Sample Resource and Response Matrix
This 1-page matrix serves as an example of a tool work groups could develop. It examines the effect of using various countermeasures (mechanical, chemical, in-situ burning (ISB), etc.) in different environments (terrestrial, offshore shallow, etc.) and creates a matrix of the possible implications of these countermeasures.

Coordination Oil Spill Response Actions Under the Clean Water Act & Endangered Species Act
This fact sheet provides brief background information on the Endangered Species Act (ESA) Memorandum of Agreement (MOA) and then seeks to establish a protocol for cooperation among U.S. Coast Guard (USCG), Environmental Protection Agency (EPA), Department of the Interior (DOI) through Fish and Wildlife Service (FWS), Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA) and the National Ocean Service in the exercise of oil spill planning and response duties and responsibilities under ESA.

External Links

Information for Planning and Consultation (U.S. Fish and Wildlife Service)

Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the U.S. Fish and Wildlife Service (USFWS) environmental review process. Users can:

Explore species and habitat - Using the map tool, See if any listed species, critical habitat, migratory birds or other natural resources may be impacted by your project.

Conduct a regulatory review - Log in and define a project to get an official species list and evaluate potential impacts on resources managed by the U.S. Fish and Wildlife Service. Follow IPaC's Endangered Species Review process—a streamlined, step-by-step consultation process available in select areas for certain project types, agencies, and species.

Perform an impact analysis - For projects or species not covered by the step-by-step consultation process, get a list of potential impacts from your specified project activities to use when making effect determinations. Receive conservation measures recommended by USFWS biologists to avoid, minimize, or mitigate effects to listed species.



Endangered Species Act Implementation Overview (U.S. Fish and Wildlife Service)

The U.S. Fish and Wildlife Service (FWS) collaborates with states, tribes, private landowners, non-governmental organizations, and federal partners to achieve on-the-ground conservation for species and habitats around the country. Learn about implementation tools that help FWS and its diverse network of partners to deliver meaningful conservation.

Information about revisions to the Endangered Species Act (ESA) can be found here.



Resources

Working together to protect against threats to our land, air and water

United States Environmental Protection Agency United States Coast Guard United States Department of State United States Department of Defense U.S. Department of Homeland Security (FEMA) United States Department of Energy United States Department of Agriculture United States Department of Health & Human Services United States Department of the Interior United States Department of Commerce United States Department of Transportation United States Nuclear Regulatory Commission United States General Services Administration United States Department of Justice United States Department of Labor