PowerPoint Presentation

RestorationProject ESAConsultationOptions

March 27, 2013#1Most restoration projects will require consultation for one or more ESA listed species which will be initiated due to a federal nexus through funding source or federal permit (COE).Restoration Project ESA Consultation OptionsAquatic Habitat Restoration Activities Programmatic BIA, FS, BLM (ARBO)Habitat Improvement Program BPA (HIP II)USFWS Restoration ProgramNOAA Restoration Center ProgrammaticCOE Fish Passage and Restoration ProgrammaticWashington State 4d Limit 8

#Several expedited, or programmatic, permit processes exist to address ESA, but only two are widely used for SRFB restoration projects.22008 COE Fish Passage and Restoration ProgrammaticJoint USFWS and NMFS consultation for Washington state for fish passage improvement and habitat restoration projects with a COE regulatory permit nexus

#The 2008 COE Fish Passage and Restoration Programmatic (FPRP) has been widely used, particularly when bull trout are present.3Actions covered for all salmonid ESUs (except Lake Ozette sockeye)Fish PassageInstallation of Instream StructuresLevee Removal and ModificationSide Channel/Off-Channel Habitat Restoration and ReconnectionSalmonid Spawning Gravel RestorationForage Fish Spawning RestorationHardened Fords and Fencing for Livestock Stream CrossingsIrrigation Screen Installation and ReplacementDebris and Structure Removal

#This list of covered actions, while fairly comprehensive, is being added to in the ongoing update to the programmatic.4Fish PassageCulvert Replacement and RelocationRetrofitting CulvertsCulvert RemovalTidegate RemovalRemoval or Modification of Sediment Bars or Terraces that Block or Delay Salmonid MigrationsTemporary Placement of Sandbags, Hay Bales, and Ecology Blocks to Improve Salmonid PassageConstruction of Structures to Provide Passage Over Small Dams

#Fish passage was the primary driver in getting this consultation completed, but has since become more restoration oriented.5Implementation ProcessApplicant fills out SPIF (Specific Project Information Form) which may be part of the JARPA process

COE reviews and sends SPIF to Services which have 30 days to respond with an electronic approval

#Simple and relatively quick turnaround on process with the Services.6Streambank Stabilizationis NOT a covered actionThe Services gets questions regarding which restoration projects with bank stabilization elements qualify. For a project to qualify it needs to:

Have restoration as its primary objective. Bank protection features need to be secondary to the habitat focus. These are projects that might well have been proposed even in the absence of concern for the eroding bank.Result in significant habitat benefit relative to both pre-project conditions and what would happen later if the project did not occur. For example, re-activation of a side-channel in order to reduce erosive force on a bank could qualify.Tie into a watershed or species recovery plan.

All elements of the action need to be covered for the programmatic consultation to be used at the ESA consultation path.

#Bank stabilization is not covered under under the programmatic unless there is restoration rather than an infrastructure protection objectice.7

Habitat Restoration Program4(d) Rule, Limit 8#Under the 4(d) rule of the ESA Section 7 law, several limits were included to allow certain types of projects and programs.8 Must have the potential to impact fish listed as threatened under the Federal Endangered Species Act.

Must be part of the habitat portion of a salmon recovery plan which has been approved by a regional salmon recovery organization and the State of Washington, and been published in the federal register by NMFS.Projects must meet ALL of the following criteria:

#Only ESA fish listed as Threatened (not Endangered) are included in this Limit. Project must be part of an approved salmon recovery plan.9 Must be part of an adopted implementation work schedule developed by a regional organization to implement the habitat portion of its salmon recovery plan.

Must be funded in part or wholly by the SRFB or other approved funding sources.

Must be consistent with the technical and procedural criteria outlined by the SRFB.

Must be done for the purpose of habitat restoration and fit within the list of eligible actions.#Project must be in an adopted implementation work schedule of an approved salmon recovery plan, must be funded in part or wholly be SRFB or other approved funding sources, and must fit in the list of eligible actions.10Eligible Restoration ProjectsInstream passageInstream diversion screeningInstream habitat restorationRiparian habitat restorationUpland habitat restoration or protectionEstuarine and marine nearshore habitat restorationMonitoring#List of eligible restoration actions.11 Eligible Threatened Salmon

Columbia River chum salmon Middle Columbia River steelhead Lower Columbia River steelhead Lower Columbia River Chinook salmon Lower Columbia River coho salmon Hood Canal summer-run chum salmon Puget Sound Chinook salmon Snake River spring/summer-run Chinook Snake River steelhead Puget Sound steelhead #List of eligible listed species.12Application consists of a self-certification form (available from the RCO website) filled out by the project sponsor and sent to their RCO Grant Manager and to the COE as part of their JARPA.How to Apply

#Limit 8 application process is simple and fast.13

Restoration Project

COE Regulatory Permit Required

COE Regulatory Permit Not Required

ThreatenedSpecies OnlyEndangered and Threatened SpeciesNo Federal Funding Nexus RequiredSRFB or Other Approved Funding NexusESAConsultationWA Habitat Restoration Program 4(d) Rule, Limit 8 COE Fish Passageand Habitat RestorationProgrammaticOR

X#Diagram of a permit pathway.Limit 8 or FPRP?14Use informationCOE Restoration Programmatic:201138 actions201039 actions 43 actions

Looking through PRISM I estimate that similar numbers of projects use Limit 8 for ESA consultation annually

#Majority of SRFB projects are meeting ESA consultation requirements via one of these two expedited processes.15Common QuestionsWhat about bull trout? USFWS/COE FPRPWhat about PS steelhead? Reinitiated in 2011What about EFH? IncludedWhat about restoration projects not specifically covered?What about bank stabilization? Depends/ConsultWhat if I cant use either expedited consultation? Consult and allow plenty of time#Common questions and answers.16ContactsFor COE Restoration ProgrammaticNMFS: Dale Bambrick for Eastside, Mike Grady for WSDOT, Stephanie Ehinger and Randy McIntosh for WestsideUSFWS: Martha Jensen for Westside, various staff for EastsideFor Limit 8Randy McIntosh, NMFSRandy.mcintosh@noaa.gov, 360-534-9309

#Contacts.17