restoration projects

Why is consultation required for habitat restoration actions?
The ESA and MSA require federal agencies that authorize, fund, or carry out any action that may affect an ESA-listed species, its designated critical habitat, or designated essential fish habitat to complete consultation with NOAA Fisheries, even if the effects of the action are intended to be wholly beneficial. Because the ESA and MSA do not exempt restoration actions from these requirements, NOAA must apply the same standards of legal, biological, and technical review to these federal actions as to any other type of action. ESA regulations prohibit any non-federal action that will “take” a listed species, including any action that will injure or harm that species even briefly. However, a non-federal entity may apply for an exemption to this take prohibition, for a specific action that is otherwise consistent with protective regulations, or for an approved habitat conservation plan.

What are the benefits of programmatic consultations for restoration actions?
NOAA Fisheries first developed the concept of programmatic consultation for restoration actions to promote more consistent use of conservation measures, more efficient workload management, and better customer service. Programmatic consultations for restoration actions do this in several ways. Federal and non-federal partners planning restoration projects gain greater certainty of the expected conservation benefits of their actions, project costs and timelines for approval, by following project design criteria that are spelled out in programmatic consultations. NOAA Fisheries biologists have carefully developed these design criteria over years of working with myriad restoration partners, other NOAA scientists, and engineers to ensure they reduce the short-term adverse effects of project construction, while also providing long-term conservation benefits needed to recover ESA-listed species.

Designing projects to fit under programmatic consultations can also reduce internal NOAA Fisheries regulatory procedural requirements and timelines that may delay project approval. Programmatic consultations, and the categories of restoration projects they cover, have already been through NOAA’s internal technical, legal and quality control reviews and approvals. Therefore, when a proposed restoration action falls within the limits of an existing programmatic consultation, the internal review and approval process is significantly streamlined. For example, a review of consultations for restoration actions completed in the Fisheries Northwest Region in 2009 showed that the average time for restoration projects covered by a programmatic consultation was 14 days or less -- in some cases a single day -- compared to 160 days or longer for restoration projects that required individual consultation.

What consultation tools are available to accelerate restoration?
NOAA actively maintains a portfolio of more than a dozen programmatic letters of concurrence and biological opinions to simplify and shorten the ESA and MSA regulatory process. We also use protective regulations issued under ESA Section 4(d) rules and habitat conservation plans authorized under ESA section 10(a)(1)(b) to promote restoration actions and provide take exemptions to non-federal partners. NOAA is committed to continuing to explore and develop additional programmatic approaches when a need or opportunity is identified.

In addition to the programmatic consultations listed in this table (link), NOAA completed 31 biological opinions 2004-2009 for actions whose primary purpose is not restoration, but that have a significant restoration component. These include actions that accelerate tree growth, soften streambanks, remove floodplain fill, repair channels, treat stormwater, provide fish passage or provide other habitat benefits.

How do I use programmatic consultations?
If a proposed project requires a federal permit, funding, or other action to be completed, and the project may affect an ESA-listed species or its designated critical habitat, ESA consultation with NOAA is required. To expedite the consultation process, project proponents should first review the proposed action with their federal agency partner(s) to determine whether the action fits, or can be modified to fit, under a category of restoration actions covered in an existing programmatic consultation. Reviewing protective regulations issued under ESA Section 4(d) rules and habitat conservation plans authorized under ESA section 10(a)(1)(b) may also prove valuable in preparing your project’s design and placement for an expedited review process.