New Guidelines for conducting Endangered Species Act Consultations on Oil Spill Planning and Response Activities

The framework for cooperation and participation regarding Endangered Species Act (ESA) compliance at every stage of oil spill planning and response activities is contained in an Interagency Memorandum of Agreement (MOA) signed in 2001; and although the agreement is still valid, the guidance for implementation was in need of updating. The MOA was established between the USCG, EPA, Department of the Interior through the Fish and Wildlife Service (FWS), and the Department of Commerce – National Oceanic and Atmospheric Administration (NOAA) through National Marine Fisheries Service (NMFS) and the National Ocean Service. These procedures are designed to help fulfill requirements under ESA Section 7(a)(2) as well as those mandated in the National Contingency Plan. It is a holistic approach to protection and conservation of the ecosystem upon which listed species depend that also facilitates interagency cooperation, reduces paperwork, makes the best use of limited financial and personnel agency resources, and de...