Responsible Agency:
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 occur in the action area for the South Fork project. The proposed action may affect these resources, therefore Section 7 consultation is required.
Milestones:
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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: 01/08/2021
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, concurrent with the draft NEPA document.
This date is dependent upon NOAA Fisheries receiving sufficient information (a complete final Biological Assessment) from BOEM to deem the package complete and initiate the ESA consultation as well as receiving the proposed IHA from NMFS. (Note that this date anticipates considerable coordination with BOEM on review of a draft BA prior to January 2021)
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Monthly Status Report for October 2021:The Biological Opinion was issued to BOEM on 10/1/21 completing the ESA consultation per the revised timeline.
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Monthly Status Report for August 2021:Missed Date Explanation (published 9/1/2021): The 8/6/2021 completion date for NOAA “ESA Consultation” was missed because the Executive Director did not timely receive a compliant request to modify the completion date. 42 U.S.C. 4370m-2(c)(2)(D)(i)(III) & (ii). On 8/19/2021, BOEM and NOAA agreed to a new completion date of 10/01/2021. More time is needed to complete the ESA consultation than originally specified because the scope of analysis was changed after the consultation was initiated in February 2021. Specifically, the agencies identified additional fisheries-related survey activities to be included as part of the proposed action, which were not included when BOEM initially requested consultation under section 7 of the ESA.
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Non-conformance Explanation:The 08/06/2021 completion date for the ESA Consultation was missed. The agencies have agreed to a new completion date of 10/01/2020. The required Missed Date Action Plan and monthly missed date reports will be posted to the Dashboard when received from the agency.
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). The target completion date is 150 days following the consultation initiation date (135 day regulatory timeline plus 15 days to allow for BOEM review of the draft Opinion). The target completion date is 45 days prior to the NOA for FEIS to allow incorporation of the findings of the consultation into the FEIS.
The 08/06/2021 completion date for the ESA Consultation was missed. On 8/19/2021, the completion date for the NOAA "Conclusion of ESA Consultation" action was changed to 10/1/2021 by agreement of the agencies. A detailed explanation for the missed 8/6/2021 completion date will be posted to the Dashboard when provided by the agencies.
Missed Date Explanation (published 9/1/2021): The 8/6/2021 completion date for NOAA “ESA Consultation” was missed because the Executive Director did not timely receive a compliant request to modify the completion date. 42 U.S.C. 4370m-2(c)(2)(D)(i)(III) & (ii). On 8/19/2021, BOEM and NOAA agreed to a new completion date of 10/01/2021. More time is needed to complete the ESA consultation than originally specified because the scope of analysis was changed after the consultation was initiated in February 2021. Specifically, the agencies identified additional fisheries-related survey activities to be included as part of the proposed action, which were not included when BOEM initially requested consultation under section 7 of the ESA.