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Title:	Final Environmental Impact Statement, Port Everglades Harbor Navigation Study, Broward County, Florida : EIS Sub-Appendix F, Endangered Species Act (ESA) Consultation
Authors:	United States. Army. Corps of Engineers. Jacksonville District.
Keywords:	Dredging Inland navigation Port Everglades (Fort Lauderdale, Fla.)
Publisher:	United States. Army. Corps of Engineers. Jacksonville District.
Abstract:	Section 7(a)(2) of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. §1531 et seq.), requires that each federal agency ensure that any action authorized, funded, or carried out by the agency is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of critical habitat of those species. When the action of a federal agency may affect a protected species or its critical habitat, that agency is required to consult with either National Marine Fisheries Service (NMFS) or the U.S. Fish and Wildlife Service (USFWS), depending upon the protected species that may be affected. Consultations on most listed marine species and their designated critical habitat are conducted between the action agency and NMFS. Consultations are concluded after NMFS determines the action is not likely to adversely affect listed species or critical habitat or issues a biological opinion (“opinion”) that determines whether a proposed action is likely to jeopardize the continued existence of a federally-listed species, or destroy or adversely modify federally-designated critical habitat. The opinion also states the amount or extent of listed species incidental take that may occur and develops nondiscretionary measures that the action agency must take to reduce the effects of said anticipated/authorized take. The opinion may also recommend discretionary conservation measures. No incidental destruction or adverse modification of critical habitat may be authorized. The issuance of an opinion detailing NMFS’s findings concludes ESA Section 7 consultation. This document represents NMFS’s Biological Opinion (“Opinion”) based on our review of impacts associated with the USACE’s proposed dredging and expansion of Port Everglades (“Port Everglades Expansion project”), and the U.S. Environmental Protection Agency’s (EPA) proposed expansion of the Ocean Dredged Material Disposal Site (ODMDS). This Opinion analyzes project effects on Johnson’s seagrass, sea turtles, whales, smalltooth sawfish, staghorn coral, and designated critical habitat for elkhorn and staghorn corals in accordance with Section 7 of the ESA. NMFS based this Opinion on project information provided by the USACE as well as published literature and the best available scientific and commercial information. It is NMFS’s Biological Opinion that the action, as proposed, is not likely to jeopardize the continued existence of Johnson’s seagrass, sea turtles or staghorn coral, and is not likely to destroy or adversely modify the designated critical habitat for elkhorn and staghorn corals. NMFS has also proposed to list 6 additional coral species, which may be found within the action area. The 6 species are: Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox, Dichocoenia stokesii, and Agaricia lamarcki. In addition, NMFS has proposed to reclassify Acropora cervicornis and Acropora palmata from threatened to endangered (77 FR 73220, December 7, 2012). The USACE has requested a formal Conference Opinion for these proposed corals. A conference consultation on the potential effects of the action on proposed critical habitat for the Northwest Atlantic DPS of loggerhead sea turtles is also included. Conference is a process of early interagency cooperation involving informal or formal discussions between the action agency and NMFS pursuant to Section 7(a)(4) of the ESA regarding the likely impact of an action on proposed species or proposed critical habitat. Conferences are: (1) required for proposed federal actions likely to jeopardize proposed species, or destroy or adversely modify proposed critical habitat; (2) designed to help federal agencies identify and resolve potential conflicts between an action and species conservation early in a project's planning; and (3) designed to develop recommendations to minimize or avoid adverse effects to proposed species or proposed critical habitat. [50 CFR §402.02, 50CFR §402.10]. This document will incorporate NMFS’s Conference Opinion for the 6 proposed coral species and proposed loggerhead critical habitat based on our review of impacts associated with the Port Everglades Expansion project and expansion of the ODMDS. It is NMFS’s Opinion that the proposed action will not jeopardize the continued existence of any of these proposed species or destroy or adversely modify the proposed critical habitat for the loggerhead Northwest Atlantic DPS.
URI:	http://hdl.handle.net/11681/26283
Appears in Collections:	Environmental Documents