Abstract :
The Endangered Species Act (ESA) of 1973 provides a framework to conserve and protect threatened and endangered species. Section 7 of the ESA: (1) authorizes federal agencies to carry out programs for the conservation of endangered and threatened species and (2) requires federal agencies to consult with NOAA Fisheries on activities that may impact any ESA-listed species or designated critical habitat under NOAA Fisheries’ purview. For aquaculture, the ESA Section 7 consultation process comes into play when a federal agency, such as the Army Corps of Engineers or Environmental Protection Agency, proposes to issue a permit for aquaculture operations. That f ederal agency requests consultation with NOAA Fisheries and the permit cannot be issued until the consultation is completed.
The consultation can often be a significant part of the permitting process, and it is imperative that applicants and federal agen cies understand what information should be provided to efficiently and successfully complete the consultation process. The information needed to complete review of an aquaculture project will vary by project specifics and location but includes such things as project location and size, gear characteristics, pile driving, vessel transit areas, and information on construction, maintenance, and decommissioning. Aquaculture specific information includes farm size and layout, anchoring and mooring specifications, vessel size, speed, and route to the farm, species being cultured , diagrams of the gear, and more. In this presentation, we will provide an overview of Section 7 of the ESA, offer guidance on the information needed to successfully complete a consultation on an aquaculture operation, and identify tools that can assist applicants with completing this process in a timely fashion.