Review Fish and Wildlife Coordination Act Consultation and

Review Fish and Wildlife Coordination Act Consultation and Reports Section 2 a and 2 b

Goal of FWCA “…provide that wildlife conservation shall receive equal consideration and be coordinated with other features of waterresource development programs through effectual and harmonious planning…”

FWCA Features Ø Ø Ø Pioneering environmental law (March 10, 1934) Focus on Federal projects that affect water resources Broad language lending to continuing interpretation Assures procedural opportunity for orderly consideration of fish and wildlife conservation measures into project planning An authority that promotes soundness of recommendations to be considered by decision makers

FWCA Features Ø Ø Ø Provides a framework that embraces the idea of open and free communication among agency representatives. Promotes active participation by the FWS biologist in the planning, formulation, project alternative evaluation, mitigation and Service recommendations. Opportunity for early coordination to influence project design and seek efficiencies.

FWCA Coordination: 2(a) & 2(b) FWCA Consultation Trigger Ø “whenever the waters of any stream or other body of water are proposed or authorized to be impounded, diverted, the channel deepened, or the stream or other body of water otherwise controlled or modified for any purpose whatever, including navigation and drainage, by any department or agency of the United States, or by any public or private agency under Federal permit or license, such department or agency first shall consult with the United States Fish and Wildlife Service and with the head of the agency exercising administration over the wildlife resources of the particular State…” …. and with the National Marine Fisheries Service.

Fundamental requirements Ø Ø Federal and state resource agency reports must accompany construction agency reports for project authorization or approval (See Engineer Regulation. ER 1105 -2 -100, April 22, 2000) and also embodied in the Water Resources Reform and Develop Act of 2014, SMART planning (e. g. , 3 x 3 x 3 rule). The construction, permitting, or licensing agency must give full consideration to the recommendations resulting from consultation.

Fundamental Requirements: Recommendations and Strategy Ø Ø Federal action agency proposing the project or issuing permits or licenses does not have to accept resource agency recommendations. However, strength in numbers (e. g. , collaboration between FWS, State Resource Agency, NMFS and EPA have effected conservation where agency goals overlap.

Skills Check (1) Discuss some of the Features of the FWCA. (2) When should you use the FWCA? (3) What are the fundamental requirements of the FWCA? (4) Are the Service’s recommendations under FWCA mandatory? (5) What is an effective strategy to advocate for the Service’s recommendations?

Who Consults Ø Ø Ø Corps of Engineers (federal water projects and Section 10/404/103 permits) and Water Resource Development Act projects Environmental Protection Agency (Section 402 permits – National Pollution Discharge Elimination System or NPDES) Federal Energy Regulatory Commission (licensing of hydroelectric plants)

Who Consults Ø Nuclear Regulatory Commission (licensing of nuclear power stations) Ø Bureau of Reclamation (water resource projects) Ø Coast Guard (permits for bridges and causeways) Ø Department of Defense & Others

Consultation required with: Ø Ø Federal wildlife agencies (U. S. Fish and Wildlife Service, National Marine Fisheries Service), and Appropriate State fish and wildlife agency.

When Does Consultation Occur? Ø Ø Agencies notify federal and state resource agencies upon initiation of studies or actions that may lead to authorization of a water resources development project. Requires timely notification to federal and state resource agencies for adequate time to prepare FWCA reports.

FWCA Consultation Ø FWCA consultation occurs through Ø interactive planning (Site Visits and Scoping) and Ø written correspondence (Planning Aid Letters or Reports) and Ø formal reporting (FWCA 2 b Reports)

Federal Planning Process e. g. , Civil Works Ø Feasibility: Federal Interest Determination (FID) Ø Continued Planning and Engineering Ø Construction Ø Operation and Maintenance

Permitting Application e. g, Regulatory Div. Ø Pre-application conferencing Ø Responding to Public Notice Ø Corps “Public Interest Review” for Section 10 of the Rivers and Harbors Act, Section 404 of the Clean Water Act, and Section 103 of the Marine Protection, Research and Sanctuaries Act. Ø Ø Standards in FWCA Standards in the 404(b)(1) Guidelines of the Clean Water Act

FWCA Reports Content Answer these questions: (1) What are the resources likely to be affected? (2) What alternatives are being considered or evaluated? (3) What are the impacts of these alternatives? (4) What will be recommended to conserve fish and wildlife resources?

Section 2 Activities (Examples) Construction and operation of navigation features: Army Corps of Engineers Navigation Projects (e. g. , Harbors), Coast Guard Buoys, Federal Aviation Administration (e. g. , Airports), Federal Highways Administration (e. g. , Highways), Maritime Administration (e. g. , Commercial Ports), Department of Energy (e. g. , Alternative Energy Projects), and Federal Energy Regulatory Commission (e. g. , licensing of non-federal hydropower projects).

Examples of projects that may be included in FWCA Consultations Ø Dredging Harbor modifications Sediment removal for Navigation Ø Harbor Development

Examples of projects that may be included in FWCA Consultations Ø Construction of Detention Basins, Dams and Reservoirs Ø Beach Nourishment

Examples of projects that may be included in FWCA Consultations Ø Restoration Activities Ø Coastal Erosion Control

Examples of projects that may be included in FWCA Consultations Ø Tsunami, Hurricane Protection, or Earthquake Response Ø Hydropower or Other Alternative Energy

The FWCA Consultation Challenge I NEED A BIGGER TURNING BASIN I NEED BETTER BMPs I NEED LESS CORAL DAMAGE I NEED MORE MONEY (MORE DREDGING) I NEED TO COORDINATE UNDER FWCA

Skills Check (1) Who should consult with whom under FWCA? (2) When should consultation occur? (3) Discuss how consultation may occur? (4) What are the four questions that should be answered in FWCA reports? (5) What are the types of activities where FWCA consultation may occur?