NMFS Northwest Region NOAA Fisheries Northwest Region ...

NMOAFAS NFiosrhtehrwieesstNRoertghiwonest Region
Habitat Conservation Division

July 2010

NOAA Streamlining Restoration Project Consultation
FISHERIES using Programmatic Biological Opinions
SERVICE
NOAA Fisheries fully supports habitat restoration to promote the recovery of
Northwest populations listed under the Endangered Species Act (ESA). Such projects
Region help ensure that ESA-designated critical habitat serves its intended
conservation role. Restoration also protects and enhances essential fish habitat
(EFH) designated under the Magnuson-Stevens Fishery Conservation and
Management Act (MSA).

Why is consultation required for habitat
restoration actions?

The ESA and MSA require federal agencies that authorize, fund, or carry out
any action that may affect an ESA-listed species, its designated critical
habitat, or designated essential fish habitat to complete consultation with
NOAA Fisheries, even if the effects of the action are intended to be wholly
beneficial. Because the ESA and MSA do not exempt restoration actions from
these requirements, NOAA must apply the same standards of legal, biological,
and technical review to these federal actions as to any other type of action.
ESA regulations prohibit any non-federal action that will “take” a listed
species, including any action that will injure or harm that species even briefly.
However, a non-federal entity may apply for an exemption to this take
prohibition, for a specific action that is otherwise consistent with protective
regulations, or for an approved habitat conservation plan.

What are the benefits of programmatic
consultations for restoration actions?

NOAA Fisheries first developed the concept of programmatic consultation for
restoration actions to promote more consistent use of conservation measures,
more efficient workload management, and better customer service.
Programmatic consultations for restoration actions do this in several ways.
Federal and non-federal partners planning restoration projects gain greater
certainty of the expected conservation benefits of their actions, project costs
and timelines for approval, by following project design criteria that are spelled
out in programmatic consultations. NOAA Fisheries biologists have carefully
developed these design criteria over years of working with myriad restoration
partners, other NOAA scientists, and engineers to ensure they reduce the
short-term adverse effects of project construction, while also providing long-
term conservation benefits needed to recover ESA-listed species.

Designing projects to fit under programmatic consultations can also reduce internal NOAA Fisheries regulatory procedural
requirements and timelines that may delay project approval. Programmatic consultations, and the categories of restoration
projects they cover, have already been through NOAA’s internal technical, legal and quality control reviews and approvals.
Therefore, when a proposed restoration action falls within the limits of an existing programmatic consultation, the internal
review and approval process is significantly streamlined. For example, a review of consultations for restoration actions
completed in the Fisheries Northwest Region in 2009 showed that the average time for restoration projects covered by a
programmatic consultation was 14 days or less -- in some cases a single day -- compared to 160 days or longer for restoration
projects that required individual consultation.

What consultation tools are available to accelerate restoration?

NOAA actively maintains a portfolio of more than a dozen programmatic letters of concurrence and biological opinions to
simplify and shorten the ESA and MSA regulatory process. We also use protective regulations issued under ESA Section
4(d) rules and habitat conservation plans authorized under ESA section 10(a)(1)(b) to promote restoration actions and provide
take exemptions to non-federal partners. NOAA is committed to continuing to explore and develop additional programmatic
approaches when a need or opportunity is identified.

In addition to the programmatic consultations listed in this table (link), NOAA completed 31 biological opinions 2004-2009
for actions whose primary purpose is not restoration, but that have a significant restoration component. These include actions
that accelerate tree growth, soften streambanks, remove floodplain fill, repair channels, treat stormwater, provide fish passage
or provide other habitat benefits.

How do I use programmatic consultations?

If a proposed project requires a federal permit, funding, or other action to be completed, and the project may affect an ESA-
listed species or its designated critical habitat, ESA consultation with NOAA is required. To expedite the consultation
process, project proponents should first review the proposed action with their federal agency partner(s) to determine whether
the action fits, or can be modified to fit, under a category of restoration actions covered in an existing programmatic
consultation. Reviewing protective regulations issued under ESA Section 4(d) rules and habitat conservation plans authorized
under ESA section 10(a)(1)(b) may also prove valuable in preparing your project’s design and placement for an expedited
review process.

The Next Steps:

The table below summarizes the Northwest Region’s current portfolio of programmatic biological opinions for actions whose sole
or primary purpose is restoration. Use the links to locate biological opinions to download.

OR

To manually search the Public Consultation Tracking System (PCTS) for a biological opinion go to:

https://pcts.nmfs.noaa.gov/pls/pcts-pub/biop_query?reg_inclause_in=%28%27NWR%27%29&s_region=

1. Check the box for “ESA & EFH (combined response)”

2. Enter part or all of the title of the biological opinion you wish to find into the "Consultation Title" box and click “Run Report”

3. Review or download copies of the documents available

For a PDF of this guidance document with embedded links to the biological opinions:

http://www.nwr.noaa.gov/Salmon-Habitat/ESA-Consultations/restoration-projects.cfm

The table below summarizes our current portfolio of programmatic biological o

NOAA Fisheries Northwest Region Programmatic L
for Actions Whose Sole P

Programmatic Name Action Agency, Action Area
Number of
Actions
Authorized
(If reported)

19 Aquatic Habitat USFS, BLM, BIA Streams and riparian a
Restoration Activities
Programmatic, Bureau of (links below) BLM, Coquille lands or
Land Management, adjacent to Federal lan
Oregon, Washington,
Idaho, California Approximately 150 amendment projects m

2007-2012 actions since 2007 range of ESA-listed sal

“ARBO” designated critical habi

Washington, Idaho, and

US Forest Service - https://pcts.nmfs.noaa.gov/pls/pcts-pub/pcts
US Bureau of Land Management - https://pcts.nmfs.noaa.gov/p
Bureau of Indian Affairs - https://pcts.nmfs.noaa.gov/pls/pcts-pu

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opinions for actions whose sole or primary purpose is restoration. Use the

Letters of Concurrence and Biological Opinions
Purpose is Restoration

Restoration Category Types (subcategories)

areas on USFS, Large Wood, Boulder, and Gravel Placement;
private lands Reconnection of Existing Side Channels and Alcoves;
Head-cut Stabilization and Associated Fish Passage;
nds where Wyden Bank Restoration Fish Passage Culvert and Bridge
may occur in the Projects; Irrigation Screen Installation and Replacement;
In-channel Nutrient Enhancement; Floodplain
lmon or steelhead, Overburden Removal; Reduction of Recreation Impacts;
itat in Oregon, Estuary Restoration; Riparian Vegetation Treatment
d California (non-commercial, mechanical); Riparian and Upland
Juniper Treatment (non-commercial); Riparian
Vegetation Treatment (controlled burning); Riparian Area
Invasive Plant Treatment; Riparian Exclusion Fencing
(with water gaps and stream crossings); Riparian
Vegetation Plantings; Road Treatments; Removal of
Legacy Structures; Fisheries, Hydrology,
Geomorphology Wildlife, Botany, and Cultural Surveys in
Support of Aquatic Restoration.

s_upload.summary_list_biop?p_id=35716
pls/pcts-pub/pcts_upload.summary_list_biop?p_id=35718
ub/pcts_upload.summary_list_biop?p_id=37237

Programmatic Name Action Agency, Action Area
Number of
Actions
Authorized
(If reported)

Habitat Improvement Program in BPA 59 Subbasins i
Oregon, Washington, and Idaho Columbia/Willa
Approximately Columbia Basi
CY2007 - CY2012 120 actions since Domains
2007
“HIP II “

( link below)

https://pcts.nmfs.noaa.gov/pls/pcts-pub/pcts_upload.summary_lis

NOAA Restoration Center NOAA Fisheries Statewide in O
Restoration Programmatic in the
Pacific Northwest Restoration and Idaho

CY2009 - CY2014 Center

“NOAARC” Estimated total
number of actions
(link below) per year: 63

https://pcts.nmfs.noaa.gov/pls/pcts-pub/pcts_upload.summary_lis

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Restoration Category Types (subcategories)

in the Lower Surveying, Construction, Operation, and Maintenance
amette and Interior Activities; Planning and Habitat Protection Actions
in Recovery (surveys, instream monitoring devices, acquisition,
stream bank protection); Small-Scale Instream Habitat
Actions (install natural habitat structural elements,
improve secondary channel habitats, wetland
restoration, fish passage, nutrient supplementation);
Livestock Impact Reduction; Control of Soil Erosion
from Upland Farming (buffers, cropping systems,
erosion control practices, planting and seeding);
Irrigation and Water Delivery/Management Actions;
Native Plant Community Establishment and Protection;
Road Actions; Special Actions (install/develop wildlife
structures).

st_biop?p_id=40691

Oregon, Washington, Fish Passage Restoration; Invasive and Non-native
Plant Control; Juniper Tree Removal; Livestock Stream
Crossings and Off-Channel; Livestock Watering
Facilities; Off- and Side-Channel Habitat Restoration;
Piling Removal; Set-back or Removal of Existing
Berms, Dikes, Levees; Shellfish Restoration;
Streambank Restoration; Water Control Structure
Removal; Wetland Restoration; Road and Trail Erosion
Control.

st_biop?p_id=107963

Programmatic Name Action Agency, Action Area
Number of
Stream Crossing Structure Actions
Replacement and Removal Authorized
Activities (If reported)
CY2006 - CY2011
“USFS, BLM culverts” USFS, BLM Idaho, Snake a
River Basins, H
(link below) 170603

https://pcts.nmfs.noaa.gov/pls/pcts-pub/pcts_upload.summary_lis

Revised Standard Local Operating USACE Oregon State,
Procedures for Endangered along the Colu
Species to Administer Restoration Approximately
Activities Carried Out by the 158 actions since This includes a
Department of the Army in the 2008 and aquatic are
State of Oregon and on the North preparation, co
Shore of the Columbia River restoration des
action site.

CY2008 - CY2013

“SLOPES IV Restoration”

(link below)

https://pcts.nmfs.noaa.gov/pls/pcts-pub/pcts_upload.summary_lis

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Restoration Category Types (subcategories)

and Clearwater Culvert Removal and Associated Channel
HUCs 170601 & Rehabilitation; Culvert, Bridge or Ford Replacement
with a Bridge; Culvert or Ford Replacement with a
Culvert or Open-Bottomed Arch; Culvert Replacement
with Low-Water Trail Ford; Programmatic Project
Maintenance

st_biop?p_id=32283

SW Washington Boulder Placement; Fish Passage Restoration;
umbia River Spawning Gravel Restoration; Large Wood
Restoration; Off- and Side-Channel Habitat
all upland, riparian Restoration; Piling Removal; Set-back Existing Berms,
eas affected by site Dikes, and Levees; Streambank Restoration; Water
onstruction, and site Control Structure Removal.
sign criteria at each

st_biop?p_id=103803

Programmatic Name Action Agency, Action Area
Number of
Partners for Fish and Wildlife Actions
Coastal and Recovery Authorized
Programmatic (NLAA) (If reported)
CY2009 - CY2014
“USFWS Restoration Program” USFWS Oregon, exclud
River basin, an
Wahkiakum, C
Skamania, Klic
counties in sou

6

Restoration Category Types (subcategories)

ding the Klamath Riparian Habitat Restoration (installation of livestock
nd within Pacific, fencing, wildlife habitat structures); Stormwater
Cowlitz, Clark, Management (wetland habitat restoration, installation of
ckitat, and Benton livestock fencing, wildlife habitat structures); Instream
uthern Washington. Habitat Restoration (installation of wood and boulder
instream structures); Upland Habitat Restoration
(installation of livestock fencing and watering facilities
outside the riparian area, installation of bio-engineered
stabilization, wildlife habitat structures, planting native
upland plant, conversion of altered habitats to historic
oak savannahs, short and tall grass prairies, or
conifer/hardwood forests, silvicultural treatments,
control and removal of invasive/non-native plants, all
outside the riparian area, stormwater management);
Coastal and Estuarine Habitat Restoration (installation
of wood and boulder structures, re-establishment of
natural coastal dune processes, installation of wildlife
habitat structures); Road and Trail Improvements
(improvement, abandonment, closure,
decommissioning of roads and trails outside the
riparian area, physical data collection).

Programmatic Name Action Agency, Action Area
Number of
Actions
Authorized
(If reported)

Partners for Fish and USFWS Oregon, excluding the Klam
Wildlife Coastal and River basin, and within Pac
Recovery Estimated total Wahkiakum, Cowlitz, Clark
Programmatic (LAA) number of actions Skamania, Klickitat, and Be
per year: 105 counties in southern Wash
CY2009 - CY2014

“USFWS Restoration
Program”

(link below)

https://pcts.nmfs.noaa.gov/pls/pcts-pub/pcts_upload.summary_lis

Habitat Restoration USFWS 43 watersheds surrounding
Activities in Western Sound and Hood Canal
Washington (2002,
revision in process)

(link below)

https://pcts.nmfs.noaa.gov/pls/pcts-pub/pcts_upload.summary_lis

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Restoration Category Types (subcategories)

math Fish Passage Restoration; Invasive and Non-native Plant Control;
cific, Juniper Tree Removal; Livestock Stream Crossings and Off-
k, Channel; Livestock Watering Facilities; Off- and Side-Channel
enton Habitat Restoration; Piling Removal; Set-back or Removal of
hington. Existing Berms, Dikes, Levees; Streambank Restoration; Water
Control Structure Removal; Wetland Restoration; Road and Trail
Erosion Control.

st_biop?p_id=109001

g Puget Install Instream Structures, Improve Secondary Channel Habitats,
Restore Wetland Hydrology, Reduce Livestock Impacts, Improve
Road/Trail Conditions, Remove or Reduce Hydraulic Constrictions,
Remove/Replace Structural Barriers, Install/Modify Fish Passage
Structures.

st_biop?p_id=2445

Programmatic Name Action Agency, Action Area
Number of
Actions
Authorized
(If reported)

Washington State Fish Army Corps of All lands in
Passage and Habitat Engineers Washington State
Enhancement Restoration except USFS and
Programmatic Consultation BLM lands
(2008)

(link below)

https://pcts.nmfs.noaa.gov/pls/pcts-pub/pcts_upload.summary_lis

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Restoration Category Types (subcategories)

Fish Passage (culvert replacement and relocation, retrofitting culverts,
culvert removal, tidegate removal, removal or modification of sediment
bars or terraces that block or delay salmonid migrations, temporary
placement of sandbags, hay bales, and ecology blocks to improve
salmonid passage, construction of structures to provide passage over
small dams); Installation of Instream Structures (placement of woody
debris, placement of live stakes, placement of engineered log jams, grade
control engineered log jams, trapping mobile wood, placement of
boulders, boulder weirs and roughened channels, gravel placement
associated with structure placement); Levee Removal and Modification;
Side Channel/Off-Channel Habitat Restoration and Reconnection;
Salmonid Spawning Gravel Restoration; Forage Fish Spawning Gravel
Restoration; Hardened Fords and Fencing for Livestock Steam Crossings;
Irrigation Screen Installation and Replacement; Debris and Structure
Removal.

st_biop?p_id=108803

Programmatic Name Action Agency, Action
Number of Actions
Habitat Restoration Program Authorized
submitted by the State of (If reported)
Washington, Governor’s Salmon
Recovery Office, for ESA Section National Marine Washin
4(d) Limit 8 (2007, 2009) Fisheries Service,
State of Washington
(link below)

https://pcts.nmfs.noaa.gov/pls/pcts-pub/pcts_upload.summary_lis

10(a)(1)(A) Enhancement of National Marine Washin
Survival Permit, Lower Columbia Fisheries Service, WRIAs
Fisheries Enhancement Group for Lower Columbia excludin
Restoration Activities in Southwest Fisheries Willapa
Washington State, (Section Enhancement Group river sy
10(a)(1)(A) Permit). (2004)
Approximately 200
(link below) actions since 2004

https://pcts.nmfs.noaa.gov/pls/pcts-pub/pcts_upload.summary_lis

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n Area Restoration Category Types (subcategories)

ngton In-Stream Passage, In-Stream Diversion Screening, In-
Stream Habitat (structural work below OHWM), Riparian
Habitat Restoration, Upland Habitat Restoration or Protection,
Estuarine and Marine Nearshore Habitat Restoration

st_biop?p_id=34767

ngton State Riparian Enhancement, Fish Passage Restoration,
24-28, Placement of In-Stream Habitat Forming Structures (Large
ng the Woody Debris and Boulders), Reconnecting, Enhancement,
and Creation of Off-Channel Rearing Habitat, Enhancement
a and Naselle and Creation of Spawning Habitats and Sediment Conditions,
ystems Bank Stabilization using Bio-engineering Techniques,
Nutrient Enhancement, Placement of Engineered Rock
Structures (J-vanes, W-vanes, and Cross Vanes)

st_biop?p_id=12682