National Oceanic and Atmospheric Administration

Project Name: Responsible Agency:

National Marine Sanctuaries Act Section 304 d Consultation

Under section 304(d) of the National Marine Sanctuaries Act (16 U.S.C. §1 434(d)), any Federal agency taking any action that is likely to destroy, cause the loss of, or injure a sanctuary resource is required to consult with NOAA. At the earliest practical time before final approval of the action, the Federal agency shall provide NOAA with a written statement describing the action and its potential effects. The term Federal action includes private activities authorized by licenses, leases, or permits.

National Marine Sanctuaries Act Issuance of a General Permit of Authorization of a Permitted Activity

National Marine Sanctuaries Act Special Use Permit as defined in Section 310

Under section 310 of the National Marine Sanctuaries Act (16 U.S.C. § 1441), NOAA can issue a special use permit (SUP) and collect fees for a limited number of activities that either “establish conditions of access to and use of any sanctuary resource” or “promote public use and understanding of a sanctuary resource.” Any activities permitted under an SUP must also meet four legislative requirements, including a finding that the project will not destroy, cause the loss of, or injure sanctuary resources.

Magnuson Stevens Fishery Conservation and Management Act Section 305 Essential Fish Habitat EFH Consultation

Under the Magnuson Stevens Act (MSA) all Federal agencies must consult on any action they authorize, fund, or undertake, or propose to authorize, fund, or undertake if they determine their actions may adversely affect essential fish habitat (EFH). EFH is defined as defined as those waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity (16 U.S.C. 1802 (10)). Permits are not issued under this authority. NOAA provides conservation recommendations to Federal action agencies to minimize the projects potential adverse effect on EFH.

Fish and Wildlife Coordination Act Review NOAA

The amendments enacted in 1946 require Federal agencies to consult with the Fish and Wildlife Service, NOAA Fisheries, and the fish and wildlife agencies of States where the "waters of any stream or other body of water are proposed or authorized, permitted or licensed to be impounded, diverted . . . or otherwise controlled or modified" by any agency under a Federal permit or license.

Endangered Species Act Consultation NOAA NMFS

Under Section 7(a)(2) of the ESA, all Federal agencies must consult with NMFS and/or the USFWS when an action the agency carries out, funds, or authorizes may affect a species listed as endangered or threatened and/or has the potential to destroy, or adversely modify, designated critical habitat. The purpose of the consultation is to assist the action agency in meeting its duty to insure that its action is not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat.