Common use of Informal Consultation Clause in Contracts

Informal Consultation. Species/habitat still potentially adversely affected? Services provide concurrence letter; Sec 7(a)(2) req's fulfilled Services utilize info developed in Appendix C to finalize formal consultation. Sec 7 (a)(2) req's fulfilled Listed species or critical habitat potentially affected by response ops? Endangered species expertise not required USFWS/NMFS Endangered species expertise requested USFWS and/or NMFS endangered species expertise provided to FOSC's Incident Command System Notification occurs in accordance with NCP & ACP USFWS/NMFS provide recommendations to minimize impact USFWS/NMFS continue to provide recommendations to avoid impact Listed species or critical habitat anticipated affected by response ops? FOSC closes case, emergency consultation ends Appendix B completed (RRC & SSC may act as liaison) Drafter completes data with assistance from Services/other agencies as needed Services formulate consultation document & Incidental Take Statement as appropriate Lessons Learned entered into database, revisions made to ACP as necessary Documentation forwarded to FOSC with copy to RRC/SSC, DOI & DOC RRT reps, & Area Committee

Informal Consultation. Species/habitat still potentially adversely affected? Services provide concurrence letter; Sec 7(a)(2) req's fulfilled Services utilize info developed in Appendix C to finalize formal consultation. Sec 7 (a)(2) req's fulfilled USFWS/NMFS provide recommendations to minimize impact USFWS/NMFS continue to provide recommendations to avoid impact Listed species or critical habitat anticipated affected by response ops? FOSC closes case, emergency consultation ends Listed species or critical habitat potentially affected by response ops? Endangered species expertise not required USFWS/NMFS Endangered species expertise requested USFWS and/or NMFS endangered species expertise provided to FOSC's Incident Command System Notification occurs in accordance with NCP & ACP USFWS/NMFS provide recommendations to minimize impact USFWS/NMFS continue to provide recommendations to avoid impact Listed species or critical habitat anticipated affected by response ops? FOSC closes case, emergency consultation ends Appendix B completed (RRC & SSC may act as liaison) Drafter completes data with assistance from Services/other agencies as needed Services formulate consultation document & Incidental Take Statement as appropriate Lessons Learned entered into database, revisions made to ACP as necessary Documentation forwarded to FOSC with copy to RRC/SSC, DOI & DOC RRT reps, & Area Committee