USFWS Administered ESA-Listed Species Sample Clauses

USFWS Administered ESA-Listed Species. BOEM has determined BPXA’s Noticed Activities are within the scope of activities analyzed in the USFWS programmatic Biological Opinion (USFWS 2012 BO) issued to BOEM for oil and gas leasing and exploration activities in the U.S. Beaufort and Chukchi Seas on May 8, 2012 (USDOI, FWS, 2012). To ensure compliance with performance standards, BOEM shall require BPXA to conduct the Noticed Activities in accordance with appropriate Reasonable and Prudent Measures/Terms and Conditions of the USFWS 2012 BO (USDOI, FWS, 2012) and discussed in the Measures to Reduce Impacts to Marine and Coastal Birds, specific Mitigation Measures in Section 2.3. A small number of ESA-listed polar bears may be present in the area of the Noticed Activities. On July 3, 2013, BPXA received a Letter of Authorization (LOA) from USFWS (USDOI, FWS, 2013) for incidental take of small numbers of polar bear under the Marine Mammal Protection Act (MMPA). The USFWS 2013 LOA also constitutes incidental take authorization for BOEM under the ESA. Pacific walrus, a candidate species, was not included in the USFWS 2012 BO (USDOI, FWS, 2012) and consultation is not required by law. ESA only requires Federal agencies to conference on actions likely to jeopardize the continued existence of a proposed species. The USFWS LOA of July 3, 2013, to BPXA is also authorization for incidental take of small numbers of Pacific walrus under MMPA, because a small number of Pacific walrus may be present in the area of the Noticed Activities.
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