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ESA MOA
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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 (2001) |
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.
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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.
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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.
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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).
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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).
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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.
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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.
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Sample Letters
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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.
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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.
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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.
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Request for Formal Consultation |
This is a sample letter requesting formal consultation from the
Division of Endangered Species at FWS/NMFS.
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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.
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Pre-Spill Planning Resources
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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.
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Response Action Matrix Executive Summary (2019) |
The summary provides an overview of a the Response Action Matrix.
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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.
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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.
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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.
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Emergency Consultation Resources
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Endangered Species Act and Essential Fish Habitat Emergency Consultation Guidance and Form (MS Word) (2020) |
This National Response Team (NRT) Emergency Consultation Form for both Endangered Species Act (ESA) emergency consultations and Essential Fish Habitat (EFH) coordination is provided to inform Federal On-Scene Coordinators (FOSCs) of the potential need to conduct emergency consultations in accordance with 50 Code of Federal Regulations (CFR) § 402.05 and 50 CFR § 600.920(a)(1).
A PDF version is available here.
Note: The MS Word and PDF versions include the same information and
features (e.g., form-fillable), but differ in how the forms handle
larger amounts of text. The MS Word version allows for rows to expand
vertically to accommodate larger amounts of text. The PDF version will
shrink text size to fit text within the space provided (i.e., rows will
not expand vertically and text size could shrink to the point of being
unreadable).
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Post-Spill Resources
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Endangered Species Act and Essential Fish Habitat Post-Response Guidance (MS Word) (2020) |
The purpose of this document is to inform the Federal On-Scene Coordinator (FOSC) of the potential need to conduct Endangered Species Act (ESA) and Essential Fish Habitat (EFH) consultations after the emergency response phase of an incident is over. The FOSC must comply with consultation requirements for ESA Section 7 and EFH pursuant to 50 Code of Federal Regulations (CFR) § 402.14 and 50 CFR § 600.920.
A PDF version is available here.
Note: The MS Word and PDF versions include the same information and features (e.g., form-fillable), but differ in how the forms handle larger amounts of text. The MS Word version allows for rows to expand vertically to accommodate larger amounts of text. The PDF version will shrink text size to fit text within the space provided (i.e., rows will not expand vertically and text size could shrink to the point of being unreadable).
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Additional Documents
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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.
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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.
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External Links
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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 a 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.
The IPaC Beta Version allows users to the explore the tool and information without saving/generating actual consultation documentation.
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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.
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