Section 7: Consultation Technical Guidance in the Greater Atlantic Region

List of resources to help action agencies draft their biological assessments.

New England/Mid-Atlantic

Technical Consultation Guidance

Action Area

Action Area Diagram.JPG

Action Area Diagram

The action area (see simplified depiction to right of page) is defined as “all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action” (50CFR§402.02). This includes the project’s footprint as well as the area beyond it that may experience direct or indirect effects that would not occur but for the action. For more information on how to determine the scope of the action area, please consult the definition of “effects of the action” (50 CFR §402.02).

Species & Critical Habitat

Species Presence Tables, Maps, and Biology

Creating an Effects Analysis

U.S. Army Corps of Engineers - New England District

Nearshore and Open-Water Disposal Sites - ME, MA, NH, RI, and CT

Letter of Concurrence: USAE Offshore and Nearshore Disposal Sites from Maine to Connecticut (PDF, 2 pages)
Biological Assessment for the USACE NE District Nearshore and Open-Water Disposal Sites (PDF, 67 pages)

Writing Resources for Action Agencies

We encourage action agencies to utilize these writing resources while preparing their letter of concurrence requests.

Sample Letter Template (Word, 5 pages)
Sample Outgoing Letter of Concurrence (PDF, 1 page)

Successful Examples of Incoming Consultation Letters

Dredging - North Atlantic Right Whale Critical Habitat Example (PDF, 25 pages)
Aquaculture Example (PDF, 23 pages)
Pile Driving/Dredging - Atlantic Sturgeon and North Atlantic Right Whale Critical Habitat Example (PDF, 41 pages)
Reinitiation of Consultation - National Pollutant Discharge Elimination System (NPDES) Permit - Atlantic Sturgeon Critical Habitat Example (PDF, 18 pages)
Reinitiation of Consultation - Stormwater Discharge (PDF, 4 pages)

Looking for additional guidance to construct your Biological Assessment? Check out these FWS resources (e.g., Interagency Cooperation for Endangered Species course)! Note: there are subtle differences in the way NOAA Fisheries and FWS approach ESA Section 7 Consultation (E.g., ESA-listed species and critical habitat under NOAA Fisheries jurisdiction are NOT included in iPaC (GARFO has the Section 7 Mapper)).

Contact Us

For more information, see Frequent Questions About Section 7 and the Cooperative Interagency Process in the Greater Atlantic Region

For additional help, we strongly encourage action agency staff or non-federal representatives who may need to do ESA consultations to contact us. Please send questions, consultation initiation and concurrence requests to:

Email: nmfs.gar.esa.section7@noaa.gov

We are happy to provide the action agencies with technical assistance and guidance—before you begin the official ESA consultation process—to make the process easier, quicker, and more efficient.

To contact the Section 7 biologist for your area, see Contact Us.

Return to the GARFO Section 7 Homepage

Last updated by Greater Atlantic Regional Fisheries Office on 07/12/2023

Section 7 Consultation Endangered Species Act