1. Sections 10 and 404: NMFS’ Oversight, Concerns and Actions
Lisa Abernathy

2. Who we are: National Marine Fisheries Service
NOAA Aquaculture Program
International Affairs
Law Enforcement
Office of Management and Budget
Office of Policy
Seafood Inspection Program
Sustainable Fisheries Division
Science and Technology Division
Protected Resources Division
Habitat Conservation Division

3. Habitat Conservation Division:
The NOAA Fisheries Office of Habitat Conservation protects, restores, and promotes stewardship of coastal and marine habitat to support our nation's fisheries for future generations.
Our vision is a healthy and sustainable habitat that provides a range of benefits for abundant fish and wildlife, commercial and recreational opportunities, and resilient coastal communities that can withstand hurricanes, flooding, and other threats.

4. Essential Fish Habitat:
“those waters and substrates necessary to fish for spawning, breeding, or growth to maturity”

5. Major portions of coastal Louisiana are categorized as EFH, including all offshore waters

6. Most commercially and recreationally important fisheries are estuarine and wetlands dependent
Brown shrimp, white shrimp and red drum are federally managed species commonly found in most tidal wetlands in Louisiana, during some life stage

7. Other federally managed species include:
Various snapper species
Groupers and mackerels
Some shark species
Highly migratory fishery
species such as tunas,
swordfish and sailfish

8. Why are we involved? Rivers and Harbors Act Clean Water Act
Fish and Wildlife Coordination Act
The Magnuson-Stevens Fishery Conservation and Management Act

9. Regulatory program interactions
COE – Rivers and Harbors Act, Clean Water Act activities, permitting for wetland restoration projects, etc.
FERC – interstate transmission pipelines, onshore natural gas terminals, alternative energy actions, etc.
USCG – navigation issues with bridges, offshore natural gas terminals, etc.
FEMA – repairs from past hurricanes, debris removal, etc.
BOEMRE – (Formally MMS) sand mining and petroleum exploration activities in OCS waters, etc.
LADOTD – roadways, bridges, etc.
LDNR – CZM program

10. Types of projects comment on most
Oil and gas activities – new canals/slips, pipelines
Camps not on least damaging configurations
Residential development
Marsh management activities (water control structures, levees, etc.)
Flood protection efforts

11. EFH Consultation: Action agency responsibilities
Evaluate the impact of the proposed actions on EFH
Avoid, minimize and mitigate
Initiate coordination with NMFS when the evaluation suggests an adverse impact is likely

12. EFH Consultation: NMFS Responsibilities
NOAA Fisheries reviews the Joint Public Notice, General Permits, Environmental Assessments, some State only Public Notices, etc.
NMFS uses existing processes to fulfill coordination requirements whenever possible – we have “findings” with several agencies describing coordination processes
If adverse impacts to EFH are likely, NOAA Fisheries required by MSFCMA to submit EFH Conservation Recommendations to the Corps of Engineers or other action agency
The Corps of Engineers et al. must respond in writing to EFH Conservation Recommendations to conclude consultation

13. Permit Review – What we need
Clear statement of purpose and need
Legible maps
Complete drawings of project features with accurate dimensions
Location of project footprint in relation to wetlands
Elevations of existing and created features relative to a datum (NGVD or NAVD88)
Mitigation for adverse impacts (2008 COE/EPA guidelines)
A little realism would be nice

15. What are we looking for?
Pre-application coordination on complex projects
Less damaging opportunities
Evaluation of offsite alternatives
Monitoring of project impacts
Compliance with regulations
Adequate compensatory mitigation

16. Types of compensatory mitigation
Marsh creation/terracing
Vegetative planting
Mitigation banks
In-lieu fee payment to
Louisiana wetland mitigation trust fund

17. Thank you! National Marine Fisheries Service
Habitat conservation Division
c/o Louisiana State University
Baton Rouge, Louisiana
(225)