Common use of Request for formal consultation Clause in Contracts

Request for formal consultation. Mr./Ms. xxx: U.S. Fish and Wildlife Service/National Marine Fisheries Service Division of Endangered Species Dear Mr./Ms. xxx: In accordance with the requirements of Section 7 of the Endangered Species Act, I am requesting the initiation of Formal Consultation on the effects of the [Coast Guard’s/EPA’s] implementation of the [name of plan]. Through informal consultation with your staff [or identify the appropriate Service office(s)], we have determined that implementation of spill response activities in accordance with the subject [name of plan] is likely to result in adverse effects to [identify the listed species and designated critical habitat that may be affected. Note, in cases where many listed species or critical habitat designations may be involved, it may be appropriate to refer to an attached list]. This [name of plan] has been developed with the assistance of [name of Service staff] of the U.S. Fish and Wildlife Service/National Marine Fisheries Service and in accordance with the procedures identified at 40 CFR Part 300, the National Contingency Plan. While these actions may result in short-term adverse effects, it is our belief that the species [and designated critical habitat areas] will ultimately benefit from them. To assist in completing Formal Consultation, please find attached the Biological Evaluation that has been produced through the planning process described in the Inter-agency Memorandum of Agreement Regarding Oil Spill Planning and Response Activities Under the Federal Water Pollution Control Act’s National Oil and Hazardous Substances Pollution Contingency Plan and the Endangered Species Act using the Planning Template contained in Appendix C of that Agreement. Thank you for your efforts in this matter. If you require additional information, please contact [provide a contact with a telephone number].

Request for formal consultation. Mr./Ms. xxx: U.S. Fish and Wildlife Service/National Marine Fisheries Service Division of Endangered Species Dear Mr./Ms. xxx: In accordance with the requirements of Section 7 of the Endangered Species Act, . I am requesting the initiation of Formal Consultation on the effects of the [Coast Guard’sGuard's/EPA’s's] implementation of the [name of plan]. Through informal consultation with your staff [or identify the appropriate Service office(soffices)], we have determined that implementation of spill response activities in accordance with the subject [name of plan] is likely to result in adverse effects to [identify the listed species and designated critical habitat that may be affected. Note, in cases where many listed species or critical habitat designations may be involved, it may be appropriate to refer to an attached list]. This [name of plan] has been developed with the assistance of [name of Service staff] of the U.S. Fish and Wildlife Service/National Marine Fisheries Service and in accordance with the procedures identified at 40 CFR Part 300, the National Contingency Plan. While these actions may result in short-term adverse effects, it is our belief that the species [and designated critical habitat areas] will ultimately benefit from them. To assist in completing Formal Consultation, . please find attached the Biological Evaluation that has been produced through the planning process described in the Inter-agency Memorandum of Agreement Regarding Oil Spill Planning and Response Activities Under the Federal Water Pollution Control Act’s 's National Oil and Hazardous Substances Pollution Contingency Plan and the Endangered Species Act using Using the Planning Template contained in Appendix C of that Agreement. Thank you for your efforts in this matter. If you require additional information, please contact [provide a contact with a telephone number].