Common use of Informal Consultation Clause in Contracts

Informal Consultation. Species/habitat still potentially adversely affected? Formal Consultation Services provide concurrence letter; Sec 7(a)(2) req's fulfilled NO YES Services utilize info developed in Appendix C to finalize formal consultation. Sec 7 (a)(2) req's fulfilled RESPONSE OIL SPILL NO Listed species or critical habitat potentially affected by response ops? YES Endangered species expertise not required USFWS/NMFS Endangered species expertise requested USFWS and/or NMFS endangered species expertise provided to FOSC's Incident Command System Notification occurs in accordance with NCP & ACP Appendix A USFWS/NMFS provide recommendations to minimize impact USFWS/NMFS continue to provide recommendations to avoid impact NO Listed species or critical habitat anticipated affected by response ops? YES Appendix B information completed FOSC closes case, emergency consultation ends Appendix A POST RESPONSE Listed species or Lessons Learned critical habitat adversely NO entered into database, affected by spill revisions made response actions? to ACP as necessary YES Appendix B completed (RRC & SSC may act as liaison) NO Information complete? Package returned to Services Drafter completes data with assistance from Services/other agencies as needed FOSC signs initiation package, cover letter requests consultation Services formulate consultation document & Incidental Take Statement as appropriate Within 30 days, the Services notify FOSC YES Lessons Learned entered into database, revisions made to ACP as necessary Documentation forwarded to FOSC with copy to RRC/SSC, DOI & DOC RRT reps, & Area Committee Appendix B APPENDIX B EMERGENCY CONSULTATION‌‌ INFORMATION CHECKLIST IN ANTICIPATION OF FOLLOW-UP FORMAL CONSULTATION (50 CFR 402.05) As soon as practicable after the emergency is under control, which occurs when the case is closed, the FOSC initiates consultation (either formal or informal, as appropriate) with the Services if listed species and/or critical habitat have been affected. The FOSC should ensure that the following checklist is completed before the case is closed. After the case is closed, this information along with a cover letter requesting consultation will be sent to the Services.

Informal Consultation. Species/habitat still potentially adversely affected? Formal Consultation Services provide concurrence letter; Sec 7(a)(2) req's fulfilled NO YES Services utilize info developed in Appendix C to finalize formal consultation. Sec 7 (a)(2) req's fulfilled USFWS/NMFS provide recommendations to minimize impact USFWS/NMFS continue to provide recommendations to avoid impact NO Listed species or critical habitat anticipated affected by response ops? YES Appendix B information completed FOSC closes case, emergency consultation ends RESPONSE OIL SPILL NO Listed species or critical habitat potentially affected by response ops? YES Endangered species expertise not required USFWS/NMFS Endangered species expertise requested USFWS and/or NMFS endangered species expertise provided to FOSC's Incident Command System Notification occurs in accordance with NCP & ACP Appendix A USFWS/NMFS provide recommendations to minimize impact USFWS/NMFS continue to provide recommendations to avoid impact NO Listed species or critical habitat anticipated affected by response ops? YES Appendix B information completed FOSC closes case, emergency consultation ends Appendix A POST RESPONSE Listed species or Lessons Learned critical habitat adversely NO entered into database, affected by spill revisions made response actions? to ACP as necessary YES Appendix B completed (RRC & SSC may act as liaison) NO Information complete? Package returned to Services Drafter completes data with assistance from Services/other agencies as needed FOSC signs initiation package, cover letter requests consultation Services formulate consultation document & Incidental Take Statement as appropriate Within 30 days, the Services notify FOSC YES Lessons Learned entered into database, revisions made to ACP as necessary Documentation forwarded to FOSC with copy to RRC/SSC, DOI & DOC RRT reps, & Area Committee Appendix B APPENDIX B EMERGENCY CONSULTATION‌‌ CONSULTATION INFORMATION CHECKLIST IN ANTICIPATION OF FOLLOW-UP FORMAL CONSULTATION (50 CFR 402.05) As soon as practicable after the emergency is under control, which occurs when the case is closed, the FOSC initiates consultation (either formal or informal, as appropriate) with the Services if listed species and/or critical habitat have been affected. The FOSC should ensure that the following checklist is completed before the case is closed. After the case is closed, this information along with a cover letter requesting consultation will be sent to the Services.