Glossary

Abbreviated Allows NOAA Fisheries to determine quickly whether, and to what degree, a Federal action may adversely affect EFH. Federal actions that may adversely affect EFH should be addressed through the Abbreviated consultation procedures when those actions do not qualify for a General Concurrence, but do not have the potential to cause substantial adverse effects on EFH. For example, the abbreviated consultation procedures should be used when the adverse effect(s) of an action could be alleviated through minor modifications. [50 CFR §600.920(h)]

§7 QA/QC Reviewer Name of the person providing review of highly controversial, precedent-setting, or novel biological opinions and any other consultations the Regional Administrator or Assistant Regional Administrator for Protected Resources deems appropriate to ensure ESA standards and procedures are applied consistently.

Action A Federal Action includes all activities or programs of any kind authorized, funded, or carried out, in whole or in part, by Federal agencies in the United States or upon the high seas.

Action Agency Applicant Applicant requesting a permit from the Lead Action Agency.

Action Agency Permit # Permit # assigned by Lead Action Agency (may have more than one permit per one consultation).

Action Agency Subdivision Lead Action Agency Subdivision (District, Division, Office, other) requesting consultation from NOAA Fisheries.

Action Agency Unique ID Federal Action Agencies unique tracking ID #, permit #, contract #, bridge # or any other unique identifier relating this project to their associated database, files or other unique system.

Activity Location Location descriptor.

Activity Status The Biologist must provide a status update and associated ""Last Modified"" date upon the changing of this field.

• Active
• Long-term and Ongoing
• Waiting for action from the agency

Applicant Entity applying to Lead Action Agency (if applicable. May have more than one per consultation).

Biological Assessment (BA) Information prepared by, or under the direction of, a Federal agency to determine whether a proposed action is likely to affect listed species or designated critical habitat.

Biological Opinion (BO) Document which includes (1) the opinion of the Fish and Wildlife Service or the National Marine Fisheries Service as to whether or not a Federal action is likely to jeopardize the continued existence of listed species, or result in the destruction or adverse modification of designated critical habitat; (2) a summary of the information on which the opinion is based; and (3) a detailed discussion of the effects of the action on listed species or designated critical habitat. [50 CFR §402.02, 50 CFR §402.14(h)].

Category of Activity

Comments Comments on the consultations. Each comment has a permission setting for public, corps permit applicant,federal agency and NMFS user.

Completed NOAA Fisheries completed consultation or provided a response pursuant to ESA and/or EFH regulations.

Conference A process of early interagency cooperation involving informal or formal discussions between a Federal Action Agency and the Services pursuant to section 7(a)(4) of the Endangered Species Act regarding the likely impact of an action on proposed species or proposed critical habitat.

Conservation Recommendations ESA - The Service may provide with the biological opinion a statement containing discretionary Conservation Recommendations. These are advisory and are not intended to carry any binding legal force [50 CFR §402.14(j)]. EFH - The Service is required to provide EFH Conservation Recommendations to Federal and state agencies for actions that would adversely affect EFH [50 CFR §600.925].

Consultation in Process Consultation has been initiated.

Consultation Initiation Date Date consultation initiated by NOAA Fisheries (ESA - 50 CFR §402.14(c); EFH - 50 CFR §600.920(h)(2)). If all required data are not initially submitted, then consultation is initiated on the date on which all required information has been received. This is a NOAA Fisheries determined date, not necessarily the date received.

Consultation Request Date Date the consultation request was received by the NMFS participant. NMFS has 30-days to review the request and respond.

Consultation Status Status of consultation with NOAA Fisheries. Selections include 'Reviewing Request for Completeness', 'More Information Requested', 'Consultation in Process', 'Pre-consultation/Technical Assistance', 'Completed'.

Consultation Title Description of consultation.

Consultation Type Reflects the type of consultation being conducted (e.g. ESA - Informal, Formal; EFH - Abbreviated, Expanded).

Corps Information Link to consultation information on Corps online tracking system.

County State designated County(s) in which the Action occurs.

Critical Habitat Specific area within the geographic area occupied by species at the time it is listed... on which are found those physical or biological features (1) essential to the conservation of the species and (2) which may require special management considerations or protection.

Specific areas outside the geographical area occupied the species if determined to be essential for the species' conservation.

Cross Reference Consultation links

DOC The U.S. Department of Commerce

EFH Essential Fish Habitat of the Magnuson-Stevens Fishery Conservation and Management Act sections 305(b)(2) & 305(b)(4).

EFH Assessment Document requirement for any Federal action that may adversely affect EFH, Federal agencies must provide NOAA Fisheries with a written assessment of the effects of that action on EFH. [50 CFR §600.920(e)].

EFH Final Response Final NOAA Fisheries Determination or response on the EFH Consultation.

EFH impacted by proposed action Fishery Management Plan That Describes EFH adversely affected by the proposed project.

Electronic Doc(s) Uploaded documents made available for viewing.

Emergency Where emergency circumstances mandate the need to consult in an expedited manner, consultation may be conducted informally through alternative procedures that the Director determines to be consistent with the requirements of section 7(a)-(d) of the ESA. This provision applies to situations involving acts of God, disasters, casualties, national defense or security emergencies, etc. [50 CFR §402.05]

End Date Once your consultation document is signed, the signature closes your record of consultation.

ESA The Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq.

Estimated Response Date Estimated Response Date. Calculated from the Consultation Initiation Date. ESA - Formal = 135 days, Informal = 30 days; EFH - Abbreviated = 30 days, Expanded = 60 days (50 CFR 600.920(h)( 4) & (i)(4). By law, NMFS have 135 days to produce an answer upon initiation:

• Is the Action Likely to Jeopardize Listed Species?
• Is the Action Likely to Destroy or Adversely Modify Designated Critical Habitat?

Expanded Allows maximum opportunity for NOAA Fisheries and the Federal Agency to work together to review the action's impacts on EFH and to develop EFH Conservation Recommendations. Expanded consultation procedures must be used for Federal actions that would result in substantial adverse effects to EFH. [50 CFR §600.920(i)].

FHC HQ Office of Habitat Conservation of NOAA Fisheries.

File URL Web address where the consultation document can be found on the web.

Formal Consultation A process between the Services and a Federal agency or applicant that (1) determines whether a proposed Federal action is likely to jeopardize the continued existence of listed species or destroy or adversely modify designated critical habitat; (2) begins with a Federal agency's written request and submittal of a complete initiation package; and (3) concludes with the issuance of a biological opinion and incidental take statement by either of the Services. If a proposed Federal action may affect a listed species or designated critical habitat, formal consultation is required (except when the Services concur, in writing, that a proposed action ""is not likely to adversely affect"" listed species or designated critical habitat). [50 CFR §402.02, 50 CFR §402.14].

FPR HQ Office of Protected Resources of NOAA Fisheries.

FWS Information Link to consultation information on FWS online tracking system.

General Concurrence Identifies specific types of Federal actions that may adversely affect EFH, but for which no further consultation is generally required because NOAA Fisheries has determined, through an analysis of that type of action, that it will likely result in no more than minimal adverse effects individually and cumulatively. General Concurrences may be national or regional in scope. [50 CFR §600.920(g)]

Habitat Type Habitat Types described and identified as EFH that are impacted by the proposed action.

Informal Consultation An optional process that includes all discussions and correspondence between the Services and a Federal agency or designated non-Federal representative, prior to formal consultation, to determine whether a proposed Federal action may affect listed species or critical habitat. This process allows the Federal agency to utilize the Services"" expertise to evaluate the agency's assessment of potential effects or to suggest possible modifications to the proposed action which could avoid potentially adverse effects. If a proposed Federal action may affect a listed species or designated critical habitat, formal consultation is required (except when the Services concur, in writing, that a proposed action ""is not likely to adversely affect"" listed species or designated critical habitat). [50 CFR §402.02, 50 CFR §402.13]

Jeopardy To engage in an action that reasonably would be expected, directly, or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species. [50 CFR §402.02]

Latitude The distance north or south of the equator measured in degrees.

Lead Federal Action Agency Federal Agency requesting consultation from NOAA Fisheries (Federal Nexus). Identify the Action Agency.

• Consultations require a Federal agency that proposes to authorize, fund, or carry out an action
• Sometimes we consult with multiple Federal agencies, one that authorizes an action, another that funds the action, and others that carry it out
• When multiple Federal agencies are involved in a consultation, we should ask them to identify the Lead Agency

Which Federal agency or agencies are taking the Action?

Legal Review Legal Elements of the Waiver.

Likely to Adversely Affect (LAA) The appropriate finding if any adverse effect to listed species may occur as a direct or indirect result of the proposed action or its interrelated or interdependent actions, and the effect is not discountable, insignificant, or beneficial (see definition of ""is not likely to adversely affect""). In the event the overall effect of the proposed action is beneficial to the listed species, but is also likely to cause some adverse effects, then the proposed action ""is likely to adversely affect"" the listed species. If incidental take is anticipated to occur as a result of the proposed action, an ""is likely to adversely affect"" determination should be made. An ""is likely to adversely affect"" determination requires the initiation of formal section 7 consultation.

Listing Status The protective legal status assigned to a particular species or population, under the statutory authorities of the ESA or MSA. The ESA list is encoded at 50 CFR 17.11.

Longitude The distance east or west of Greenwich, England measured in degrees.

May Adversely Affect Determination made by the Lead Action Agency that an action has potential adverse effects on EFH [50 CFR §600.810(a)].

May Adversely Affect - Comments The action may adversely affect NOAA Fisheries trust resources and we provide comments/recommendations, which by law/regulations do not require a response from the action agency.

May Adversely Affect - Cons Recs The action may adversely affect NOAA Fisheries trust resources and we provide EFH conservation recommendations, which by law/regulations require a response from the Lead Action Agency.

May Adversely Affect - Objection The action may adversely affect NOAA Fisheries trust resources and the project's effects are severe enough for NOAA Fisheries to elevate if EFH recommendations/conservation recommendations are not included, or concerns are not resolved.

May Affect The appropriate conclusion when a proposed action may pose any effects on listed species or designated critical habitat. When the Federal agency proposing the action determines that a ""may affect"" situation exists, then they must either initiate formal consultation or seek written concurrence from the Services that the action ""is not likely to adversely affect"" listed species.

More Information Requested NOAA Fisheries determines that all required data was not initially submitted to adequately determine the nature of the effects. [50 CFR §402.14(c)].

Mutually Agreed Extension Date NMFS may request extension from the Federal action agency and applicants (if involved), but it must be agreed upon.

NER Northeast Region of NOAA Fisheries.

NMFS The National Marine Fisheries Service, also called NOAA Fisheries.

NMFS Branch/Team NOAA Fisheries Branch/Team working on the consultation.

NMFS Division NOAA Fisheries Division working on the consultation.

NMFS Final Determination Final NOAA Fisheries Determination or response on the Species and Critical habitat.

NMFS Lead Office NOAA Fisheries Office working on the consultation.

NMFS Lead Region NOAA Fisheries Region conducting the consultation.

NMFS Regional Administrative Record Number A regional administrative record number that uniquely identifies this project.

NMFS Response Date Date NOAA Fisheries completed consultation or provided a response.

NMFS State Office NOAA Fisheries State Office working on the consultation.

NMFS Tracking Number NOAA Fisheries National Consultation Tracking Number.

No Effect The appropriate conclusion when the Lead Action Agency determines its proposed action will not affect listed species or critical habitat.

No Response The Lead Action Agency withdrew their request.

No Yet Determined NOAA Fisheries has not yet provided a final response or a final determination.

NOAA The National Oceanic and Atmospheric Administration

Not Likely to Adversely Affect (NLAA) The appropriate conclusion when effects on listed species are expected to be discountable, insignificant, or completely beneficial. Beneficial effects are contemporaneous positive effects without any adverse effects to the species. Insignificant effects relate to the size of the impact and should never reach the scale where take occurs. Discountable effects are those extremely unlikely to occur. Based on best judgment, a person would not (1) be able to meaningfully measure, detect, or evaluate insignificant effects; or (2) expect discountable effects to occur.

Number of Projects Number of different projects or actions involved in this consultation.

NWR Northwest Region of NOAA Fisheries.

PIR Pacific Island Region of NOAA Fisheries.

Pre-consultation/Technical Assistance NOAA Fisheries technical assistance or comments exchanged with a Federal Action Agency regarding potential Federal actions, but is not a ""formal"" ESA or EFH consultation.

Programmatic Provides a means for NOAA Fisheries and a Federal Action Agency to consult regarding a potentially large number of individual actions.

Project Title Title of this particular sub-project covered by the larger consultation (may have more than one per one consultation).

Proposed Effect Determination Proposed Effect determined by the Lead Action Agency.

Request Received Date Date NOAA Fisheries received Lead Action Agency Request for consultation or began pre-consultation planning and review.

Reviewing Request for Completeness NOAA Fisheries is reviewing the Lead Action Agencies BA and/or EFH Assessment.

Section 10 The section of the ESA of 1973, as amended, that provides exceptions to section 9 prohibitions. The exceptions most relevant to section 7 consultations are takings allowed by two kinds of permits issued by the Services (1) scientific take permits and (2) incidental take permits. The Services can issue permits to take listed species for scientific purposes, or to enhance the propagation or survival of listed species. The Services can also issue permits to take listed species incidental to otherwise legal activity. [ESA §10]

Section 4 The section of the ESA of 1973, as amended, outlining procedures and criteria for (1) identifying and listing threatened and endangered species; (2) identifying, designating, and revising critical habitat; (3) developing revising recovery plans; and (4) monitoring species removed from the list of threatened or endangered species. [ESA §4 ]

Section 7 The various section 7 processes, including both consultation and conference is proposed species are involved. [50 CFR §402]

Section 9 The section of the ESA of 1973, as amended, that prohibits the taking of endangered species of fish and wildlife. Additional prohibitions include (1) import or export of endangered species or products made from endangered species; (2) interestate or foreign commerce in listed species or their products; and (3) possession of unlawfully taken endangered species. [ESA §9]

SER Southeast Region of NOAA Fisheries.

Service(s) The National Marine Fisheries Service (NOAA Fisheries) or the Fish & Wildlife Service (or both).

Species Species includes any species, or subspecies of fish or wildlife or plants, or any distinct population segment of vertebrate fish or wildlife which interbreeds when mature.

Endangered - any species which is in danger of extinction throughout all or a significant portion of its range (other than a member of Class Insect which are determined to be a pest species)

Threatened - any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.

Species Affected Species affected by the action.

State(s) State(s) in which the Action occurs.

Statutory Authority Laws defining NOAA Fisheries involvement.

SWR Southwest Region of NOAA Fisheries.

Type of Action Type of action(s) that best describe the activities that are being consulted on.

URL Web address where the consultation document can be found on the web.

Would Not Adversely Affect Either there is no effect; or the effect is not adverse and does warrant NOAA Fisheries to provide comments or EFH Conservation Recommendations.