Common use of Xxxxxxx Fishery Conservation and Management Act Clause in Contracts

Xxxxxxx Fishery Conservation and Management Act. Programmatic Consultation Under the Corps' Federal permit program, permit applications must be reviewed for the potential impact on threatened and endangered species pursuant to Section 7 of the ESA. The Corps, through informal and formal consultation procedures with the NMFS and USFWS, must evaluate information on the presence of threatened and endangered species (including timing and life stages), habitat for such species and their prey sources, and other parameters. The consultation process involves review and negotiations to identify potential impacts of the proposed work and conservation measures that can help protect threatened and endangered species and their habitat. In addition, the MSA, as amended by the Sustainable Fisheries Act of 1996, established procedures designed to identify, conserve, and enhance Essential Fish Habitat (EFH) for those species regulated under a Federal fisheries management plan. The MSA requires Federal agencies to consult with NMFS on all actions, or proposed actions, authorized, funded, or undertaken by the agency, that may adversely affect EFH. A programmatic consultation covers a range of actions proposed to be authorized by a federal agency, such as categories of activities subject to the Corps’ regulatory jurisdiction. Completion of a programmatic consultation eliminates the need for individual ESA and EFH consultations on permit applications submitted to the Seattle District for activities covered under this Agreement which comply with the terms and conditions of the biological opinions issued by NMFS and USFWS. This will reduce the time required for evaluation of, and determinations for, the permit applications. The consultation with NMFS covers species and critical habitat listed under ESA within the Coverage Area of this Agreement, including Chinook salmon and steelhead, and EFH for Pacific salmon, coastal pelagic species and groundfish species. The consultation with USFWS will address species and critical habitat within the Coverage Area which are under their jurisdiction including bull trout and marbled murrelet. If a participating District submits an application for a project that does not meet the terms and conditions of the Implementation Agreement, the applicant will be required to apply for an individual permit from the Corps and the Corps will complete an individual consultation to address ESA and EFH compliance.