Consultation for Endangered Species

Under Section 7 of the Endangered Species Act (ESA), Federal agencies must consult with Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) representatives to ensure a Federal agency action does not jeopardize the continued existence of threatened or endangered species or adversely modify designated critical habitats. In UNDS Phase I, EPA and Navy met with FWS and NMFS to discuss the applicability of ESA Section 7 requirements to the Phase I rulemaking. All parties agreed that Section 7 consultation requirements were not applicable to the Phase I rule.

The Navy and EPA have conducted initial meetings with FWS and NMFS to address ESA Section 7 requirements for the Phase II rulemaking. The Navy and EPA plan to continue meeting with FWS and NMFS to discuss the ESA Section 7 requirements.