USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Endangered Species Act Consultation (NOAA-NMFS)

Project Name: Responsible Agency:
National Oceanic and Atmospheric Administration
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Complete
POC Name:
Julie Crocker
Action Outcome:
Biological opinion issued

Milestones:

ESA Consultation Request Package Submitted (Agency Action)
Completed Date:
Milestone Details

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 and biological assessment is set concurrent with the receipt of preliminary DEIS for cooperating agency review NEPA document.

NOAA determines ESA Consultation Package is Complete - Formal (Agency Action)
  • 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: 02/17/2023
  • Monthly Status Report for October 2024:
    On track to meet the final milestone to conclude consultation.
  • Monthly Status Report for September 2024:
    The agencies are on track to meet the final milestone to conclude consultation.
  • Monthly Status Report for August 2024:
    NMFS deemed the ESA package complete on June 10 and the agencies are on track to meet the final Nov 7 milestone to conclude consultation.
  • Monthly Status Report for July 2024:
    NMFS deemed the ESA pkg complete on June 10 and the agencies are on track to meet the final Nov 7 milestone to conclude consultation.
  • Monthly Status Report for June 2024:
    NMFS deemed the ESA package complete on June 10 and the agencies are on track to meet the final Nov 7 milestone to conclude consultation.
  • Monthly Status Report for May 2024:
    BOEM provided responses to NMFS comments on the ESA package and is on track to meet the June 10 milestone for NMFS completeness determination.
  • Monthly Status Report for April 2024:
    BOEM is responding to NMFS comment on the ESA consultation package and plans to provide those in May in order to meet the June 10 milestone for NMFS completeness determination.
  • Monthly Status Report for March 2024:
     BOEM undertook a review of the permitting timetable for this project with the cooperating agencies and in consultation with the Sponsor. The review encompassed all remaining milestone dates for the project, including this one. Based on that review, in December of 2023, BOEM initiated development of a revised permitting timetable. BOEM subsequently participated in 3 convening meetings with the Permitting Council and the Sponsor. BOEM is currently undertaking a final review of the revised permitting timetable to reset the schedule for the remaining milestones.  
  • Monthly Status Report for February 2024:
    BOEM undertook a review of the permitting timetable for this project with the cooperating agencies and in consultation with the Sponsor. The review encompassed all remaining milestone dates for the project, including this one. Based on that review, in December of 2023, BOEM initiated development of a revised permitting timetable. BOEM subsequently participated in three convening meetings with the Permitting Council and the Sponsor and currently has a revised permitting timetable before the Permitting Council to reset the schedule for the remaining milestones.
  • Monthly Status Report for January 2024:
    BOEM undertook a review of the permitting timetable for this project with the cooperating agencies and in consultation with the project sponsor. The review encompassed all agency actions and milestone dates for the project, including this action. Based on that review, in December of 2023, BOEM developed a revised permitting timetable. The Permitting Council has scheduled a convening meeting in February of 2024 to further consult on the proposed timetable.
  • Monthly Status Report for December 2023:
    BOEM is undertaking a review of the permitting timetable for this project with the cooperating agencies and in consultation with the project sponsor. The review encompasses all agency actions and milestone dates for the project, including this action. The review will result in an updated permitting time table for all actions, including this milestone.
  • Monthly Status Report for November 2023:
    Pending the Sponsor's submittal to NMFS of supplemental information for their MMPA application, BOEM will undertake a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review will encompass all NEPA and associated agency actions and milestone dates for the project, including this action. Upon completing that review, BOEM will submit to FPISC a request for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action.
  • Monthly Status Report for October 2023:
    Pending the Sponsor's submittal to NMFS of supplemental information for their MMPA application, BOEM will undertake a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review will encompass all NEPA and associated agency actions and milestone dates for the project, including this action. Upon completing that review, BOEM will submit to FPISC a request for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action.
  • Monthly Status Report for September 2023:
    Pending the Sponsor's submittal to NMFS of supplemental information for their MMPA application, BOEM will undertake a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review will encompass all NEPA and associated agency actions and milestone dates for the project, including this action. Upon completing that review, BOEM will submit to FPISC a request for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. 
  • Monthly Status Report for August 2023:
    Pending the Sponsor's submittal to NMFS of supplemental information for their MMPA application, BOEM will undertake a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review will encompass all NEPA and associated agency actions and milestone dates for the project, including this action. Upon completing that review, BOEM will submit to FPISC a request for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. 
  • Monthly Status Report for July 2023:
    Pending the Sponsor's submittal to NMFS of supplemental information for their MMPA application, BOEM will undertake a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review will encompass all NEPA and associated agency actions and milestone dates for the project, including this action. Upon completing that review, BOEM will submit to FPISC a request for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. 
  • Monthly Status Report for June 2023:
    Pending the Sponsor's submittal to NMFS of supplemental information for their MMPA application, BOEM will undertake a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review will encompass all NEPA and associated agency actions and milestone dates for the project, including this action. Upon completing that review, BOEM will submit to FPISC a request for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. 
  • Non-conformance Explanation:
    BOEM is undertaking a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompasses all NEPA and associated agency actions and milestone dates for the project, including this action. The review is expected to be completed in early May 2023, which will result in coordination with the FPISC Executive Director.
Alternative Completion Date:
Milestone Details

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 60 days after the NOA for DEIS to allow adequate time to review the incoming materials and ensure receipt of complete information prior to initiation of consultation.

ESA Consultation Concludes (Agency Action)
Alternative Completion Date:
Milestone Details


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) to ensure NMFS has sufficient time to refine the Opinion in advance of integration into the FEIS.  The target completion date provides sufficient time (43 days) prior to the NOA for FEIS to allow incorporation of the findings of the consultation into the FEIS.