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Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consultation

Project Name:
Jordan Cove LNG Terminal and Pacific Connector Gas Pipeline
Responsible Agency:
National Oceanic and Atmospheric Administration
Status:
Cancelled

Description:

The Essential Fish Habitat Response was completed together with the ESA Biological Opinion in a single document on January 10. 2020. However, the FERC’s March 19, 2020 order authorizing the Jordan Cove LNG Project incorporated the Blue Ridge Variation, which would deviate from the project sponsor’s proposed route.  In a letter dated June 23, 2020, Commission staff requested, in accordance with section 7 of the Endangered Species Act, the re-initiation of formal consultation to address the Blue Ridge Variation.  In letters dated July 1, 2020 and September 4, 2020, NMFS responded to FERC's request indicating that it did not contain sufficient information to initiate consultation. The information needed to re-initiate the consultation was received on October 19, 2020.  

On May 14, 2021 NMFS received a letter from FERC withdrawing the request for re-initiation of the consultation.  Therefore, the re-initiated consultation has been cancelled. 

Milestones:

EFH Consultation Request Submitted – EFH Assessment (Agency Action)
Completed Date:
NOAA determines EFH Assessment is Complete (Agency Action)
Completed Date:
NOAA Issues any EFH Conservation Recommendations (Agency Action)
  • Monthly Status Report for April 2021:
    Milestones for the conclusion of the ESA consultation and issuance of the EFH conservation recommendations were missed because the project sponsor did not submit proposed additional restoration actions by the previously agreed upon date. In a March 2, 2021 meeting between NOAA, FERC, and the project sponsor, all parties agreed to a new schedule and a path forward that included: 1) the project sponsor providing an application for an amendment to FERC; 2) FERC providing NOAA the modification to the proposed action; and 3) after receiving the modification, NOAA concluding the ESA/EFH consultations. To date, the project sponsor has not submitted the necessary paperwork to move forward with the completion of the ESA and EFH consultations that would facilitate meeting the new deadline.
  • Monthly Status Report for March 2021:
    Milestones for the conclusion of the ESA consultation and issuance of EFH conservation recommendations were missed because the project sponsor did not submit proposed additional restoration actions by the previously agreed upon date.  The documentation is necessary for NMFS to determine if the restoration actions are reasonably certain to occur and can be included in the effects analysis for issuance of the final joint ESA/EFH Biological Opinion.  In a March 2, 2021 meeting between NOAA, FERC, and the project sponsor, all parties agreed to a new schedule and a path forward that included: 1) the project sponsor providing an application for an amendment to FERC; 2) FERC providing NOAA the modification to the proposed action; and 3) after receiving the modification, NOAA concluding the ESA/EFH consultations.
Current Target Date:


View Action's Modification History