Cooperating under NEPA
Description:
Section 7(a)(2) of the Endangered Species Act (ESA) requires Federal agencies to consult with NOAA Fisheries when any action they authorize, fund, or carry out may affect an ESA-listed species or designated critical habitat under NOAA Fisheries’ jurisdiction. ESA-listed species and designated critical habitat occur in the action area for the Empire Wind project. The proposed action may affect these resources, therefore Section 7 consultation is required.
Milestones:
This target timeline is dependent on receipt of a consultation request from BOEM, consisting of a Biological Assessment that considers effects of all proposed Federal actions. Receipt of the consultation request is set concurrent with the receipt of preliminary DEIS for cooperating agency review NEPA document.
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Environmental Impact Statement (EIS)
:
Official Notice of Availability of a Draft EIS published in the Federal Register (FR) beginning both the public comment period and concurrent CAA Section 309 Review (Agency Action)
- Completed Date: 11/18/2022
This date is dependent upon NOAA Fisheries receiving sufficient information from BOEM to deem the package complete and initiate the ESA consultation. This includes receipt of a complete final Biological Assessment (as an appendix to the DEIS), the proposed MMPA Incidental Take Authorization from NMFS, and the public availability of the DEIS. (Note that this date anticipates considerable coordination with BOEM on review of a draft BA). This date is set at least 60 days after the NOA for DEIS and no sooner than 30 days before the publication of the proposed MMPA ITA to allow adequate time to review the incoming materials and ensure receipt of complete information prior to initiation of consultation.
The final completion date is contingent upon NOAA Fisheries receiving sufficient information that NOAA Fisheries determines adequate to initiate ESA consultation. This date must be prior to issuance of the MMPA ITA Publication of Final Regulations (for a LOA) or MMPA Decision Rendered (if IHA) and publication of the NOA of FEIS. The target completion date is at least 150 days following the consultation initiation date (135-day regulatory timeline plus 15 days to allow for BOEM review of the draft Opinion).