Process for Effects Determination Criteria Development 1 Criteria

Process for Effects Determination Criteria Development 1

Criteria Development Process for Effects Determination Criteria Development 2

Objectives • Determine & Document The Conditions When Activities Do Not Have The Potential To Adversely Affect A Species • Where There Are Conditions When An Activity Has The Potential To Adversely Affect A Species, Describe The Project Criteria That Results In The Avoidance Of These Potential Adverse Effects • Describe Ways To Implement An Activity So That It Contributes To The Conservation & Recovery Of The Species Process for Effects Determination Criteria Development 3

Benefits Expected • Development of Tools The Field Units Can Use To Increase The Efficiency Of Consultation On Activities – Separate Non-Complex NLAA Activities From Complex Activities Needing Local Discussion • Build A Foundation For Future Plans To Increase Consultation Efficiency – Such As Programmatic Or Expedited Approaches – Details Of These Approaches To Be Further Refined Process for Effects Determination Criteria Development 4

Guiding Principles • Use Existing Examples & Products Whenever Possible • We Are Not Inventing A New Approach To Consultation, We Are Using Programs (Fire Plan, Energy, Recreation, Grazing) As An Opportunity To Improve Our Approaches To Consultation • Our Goal Is To Contribute To Making Consultation Strategic, Meaningful, And Concise Process for Effects Determination Criteria Development 5

Conceptual Process • Understand Activities & Work Elements • Identify The Ways A Work Activity Could Affect The Species Being Considered • Determine Which Of These Could Potentially Adversely Affect The Species • Develop Criteria That Will Avoid These Potential Adverse Effects Process for Effects Determination Criteria Development 6

Process Summary Activity Description Potential Effect Analysis Criteria Development Compilation & Review Distribution & Use Process for Effects Determination Criteria Development 7

Activity Description • Understanding The Proposed Activities Is The Key To Realistic Evaluation Of The Potential Effects On The Species – This Is About Communication Between The Activity Experts And The Species Teams • Activity Experts Define and Refine Activity Descriptions • Coordination Between Activity Experts Is Needed To Understand & Address Overlap Between Activity Types Process for Effects Determination Criteria Development 8

Hierarchy Of Activity Description Terms Process for Effects Determination Criteria Development 9

Example Activity Description • Oil and Gas Development – Activity type • Well pad construction – Activity Component • Dozer, scraper work, surfacing of pad – Work Element Process for Effects Determination Criteria Development 10

Approach To Activity Description • Initial Activity Description Will Be Defined By Activity Expert • Structured Interaction Between Species Team And Activity Experts To Begin Process • Need For Refinement Identified Through Coordination With Species Teams & Other Activity Type Experts Process for Effects Determination Criteria Development 11

Determine The Ways = Effect Pathway A Species Is Potentially Affected Proceed To Criteria Development For Describe Conditions Potentially Adverse That Result In Effects Differing Effects Conditional Statement Assign Potential Effects To These = Potential Effect Conditions Document Rationale Where Rationale = Effects Are Not Potentially Adverse Process for Effects Determination Criteria Development 12

Effect Pathway • The Mechanism Or Way In Which A Species Is Affected By The Work Element • Likely To Include Both The Physical Mechanism Of Effect And The Consequences To The Species • Example: – Juvenile Mortality From Entrainment In Pump Intake • Expect To See Some Standardization Across Work Elements – Teams Should Look For Opportunity For Consistency Process for Effects Determination Criteria Development 13

Determine The Ways = Effect Pathway A Species Is Potentially Affected Proceed To Criteria Development For Describe Conditions Potentially Adverse That Result In Effects Differing Effects Conditional Statement Assign Potential Effects To These = Potential Effect Conditions Document Rationale Where Rationale = Effects Are Not Potentially Adverse Process for Effects Determination Criteria Development 14

Conditional Statement • They Need To Cover The Full Range Of Situations Under Which This Work Element May Occur – Across The Footprint Of Interagency Effort • Generally You Will Have Two Or Three Conditional Statements For Each Effect Pathway – Nothing Is Left To Be Assumed • Teams Are Expected To Become Very Efficient At Developing Sets Of Conditional Statements – Expect Some Standardization By Effect Pathway Process for Effects Determination Criteria Development 15

Conditional Statement, Continued • Conditional Statements May Include References To Settings (Habitats), Locations, Proximity, Timeframes, Species Information (Range, Lifestages, & Use), Or Ecosystem Conditions – Use Your Imagination In General Conditional Statements Should Not Include Information About The Way An Activity Is Implemented – Save That For Criteria Development Process for Effects Determination Criteria Development 16

Example Set Of Conditional Statements • In Streams Not Occupied By The Species and Not Listed As Critical Habitat • Streams Potentially Occupied By The Species Where Conditions Do Not Support Spawning • Streams Potentially Occupied By The Species Where Conditions Do Support Spawning Process for Effects Determination Criteria Development 17

Determine The Ways = Effect Pathway A Species Is Potentially Affected Proceed To Criteria Development For Describe Conditions Potentially Adverse That Result In Effects Differing Effects Conditional Statement Assign Potential Effects To These = Potential Effect Conditions Document Rationale Where Rationale = Effects Are Not Potentially Adverse Process for Effects Determination Criteria Development 18

Potential Effect Determination • The Level Of Effect Expected For The Work Element Under The Defined Conditions (Conditional Statement) – Most Severe Effect Possible • Options Include: No Effect, Discountable, Negligible (Insignificant), Beneficial, and Potentially Adverse – “Unable To Reach Agreement” Available To Document The Inability To Reach Consensus – “Conserve/Restore” Used For Recommendations Regarding Contributions To Conservation/Recovery Process for Effects Determination Criteria Development 19

Potential Effect Determination Defines The Path To Completion • For No Effect, Negligible (Insignificant), Discountable and Beneficial Determinations No Criteria Are Developed (You’re Done!) – Documenting Rationale Is Very Important • Proceed To Criteria Development For Potentially Adverse and Conserve/Restore Determinations Process for Effects Determination Criteria Development 20

Determine The Ways = Effect Pathway A Species Is Potentially Affected Proceed To Criteria Development For Describe Conditions Potentially Adverse That Result In Effects Differing Effects Conditional Statement Assign Potential Effects To These = Potential Effect Conditions Document Rationale Where Rationale = Effects Are Not Potentially Adverse Process for Effects Determination Criteria Development 21

Effects Determination Criteria • Description Of The Aspects Of A Project Necessary For The Avoidance Of The Identified Potential Adverse Effects – Or How The Activity Can Contribute To Species Conservation/Recovery • Generally A Description Of How The Activity Needs To Be Implemented – If It Meets The Conditions Described In The Conditional Statement Process for Effects Determination Criteria Development 22

Criteria Development • Ability To Develop Criteria That Avoid Potential Adverse Effects Will Vary By Activity Type – Some Are Going To Be Easy, Some Hard • Criteria Need To Be Specific Enough To Be Useful & Workable For The Field Units – Will Require A Good Understanding Of The Work Element And How It Is Implemented Process for Effects Determination Criteria Development 23

Difference Between Criteria And Conditional Statements • In General Criteria Will Be About The Activities Themselves – How They Are Performed • Conditional Statements Will Be About The Setting Of The Activities – When & Where They Are Performed Process for Effects Determination Criteria Development 24

Questions Considered By The People Who Will Use This Tool • Does My Project Occur Under These Conditions? – To Determine If They Meet The Conditional Statement And If The Project Criteria Apply – If Yes, Then…. . • Does My Project Satisfy The Criteria? – To Determine If Their Project Is NLAA According To This Simplified Analysis Process for Effects Determination Criteria Development 25

Future Consultation Developments • In The Beginning, Use Of Criteria Will Allow For Familiarization and Refinement As Needed – And Hopefully The Building Of Confidence In This Approach • Agencies Expect To Build Further Efficiencies For 2002 and Beyond – Using These Criteria As The Foundation • If Successful, This Approach Will Probably Be Expanded To Additional Programs and Species Process for Effects Determination Criteria Development 26