Sections 10 and 404: NMFS’ Oversight, Concerns and Actions

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Sections 10 and 404 NMFS Oversight, Concerns
and Actions

• Lisa Abernathy
• Lisa.Abernathy_at_noaa.gov

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Who we areNational Marine Fisheries Service

• NOAA Aquaculture Program
• International Affairs
• Law Enforcement
• Office of Management and Budget
• Office of Policy
• Seafood Inspection Program
• Sustainable Fisheries Division
• Science and Technology Division
• Protected Resources Division
• Habitat Conservation Division

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Habitat Conservation Division

• The NOAA Fisheries Office of Habitat Conservation
  protects, restores, and promotes stewardship of
  coastal and marine habitat to support our
  nation's fisheries for future generations.
• Our vision is a healthy and sustainable habitat
  that provides a range of benefits for abundant
  fish and wildlife, commercial and recreational
  opportunities, and resilient coastal communities
  that can withstand hurricanes, flooding, and
  other threats.

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Essential Fish Habitat

• those waters and substrates necessary to fish
  for spawning, breeding, or growth to maturity

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• Major portions of coastal Louisiana are
  categorized as EFH, including all offshore waters

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Most commercially and recreationally important
fisheries are estuarine and wetlands dependent

• Brown shrimp, white shrimp and red drum are
  federally managed species commonly found in most
  tidal wetlands in Louisiana, during some life
  stage

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Other federally managed species include

• Various snapper species
• Groupers and mackerels
• Some shark species
• Highly migratory fishery
• species such as tunas,
• swordfish and sailfish

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Why are we involved?

• Rivers and Harbors Act
• Clean Water Act
• Fish and Wildlife Coordination Act
• The Magnuson-Stevens Fishery Conservation and
  Management Act

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Regulatory program interactions

• COE Rivers and Harbors Act, Clean Water Act
  activities, permitting for wetland restoration
  projects, etc.
• FERC interstate transmission pipelines, onshore
  natural gas terminals, alternative energy
  actions, etc.
• USCG navigation issues with bridges, offshore
  natural gas terminals, etc.
• FEMA repairs from past hurricanes, debris
  removal, etc.
• BOEMRE (Formally MMS) sand mining and petroleum
  exploration activities in OCS waters, etc.
• LADOTD roadways, bridges, etc.
• LDNR CZM program

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Types of projects comment on most

• Oil and gas activities new canals/slips,
  pipelines
• Camps not on least damaging configurations
• Residential development
• Marsh management activities (water control
  structures, levees, etc.)
• Flood protection efforts

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EFH ConsultationAction agency responsibilities

• Evaluate the impact of the proposed actions on
  EFH
• Avoid, minimize and mitigate
• Initiate coordination with NMFS when the
  evaluation suggests an adverse impact is likely

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EFH ConsultationNMFS Responsibilities

• NOAA Fisheries reviews the Joint Public Notice,
  General Permits, Environmental Assessments, some
  State only Public Notices, etc.
• NMFS uses existing processes to fulfill
  coordination requirements whenever possible we
  have findings with several agencies describing
  coordination processes
• If adverse impacts to EFH are likely, NOAA
  Fisheries required by MSFCMA to submit EFH
  Conservation Recommendations to the Corps of
  Engineers or other action agency
• The Corps of Engineers et al. must respond in
  writing to EFH Conservation Recommendations to
  conclude consultation

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Permit Review What we need

• Clear statement of purpose and need
• Legible maps
• Complete drawings of project features with
  accurate dimensions
• Location of project footprint in relation to
  wetlands
• Elevations of existing and created features
  relative to a datum (NGVD or NAVD88)
• Mitigation for adverse impacts (2008 COE/EPA
  guidelines)
• A little realism would be nice

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What are we looking for?

• Pre-application coordination on complex projects
• Less damaging opportunities
• Evaluation of offsite alternatives
• Monitoring of project impacts
• Compliance with regulations
• Adequate compensatory mitigation

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Types of compensatory mitigation

• Marsh creation/terracing
• Vegetative planting
• Mitigation banks
• In-lieu fee payment to
• Louisiana wetland mitigation trust fund

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• Thank you!
• National Marine Fisheries Service
• Habitat conservation Division
• c/o Louisiana State University
• Baton Rouge, Louisiana
• (225)-389-0508