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USFWS Perspectives on Hydro ESA Consultation Strategies for Effective, Timely Section 7 Consultation Doug Young Energy Program Manager, FWS, Oregon.

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Presentation on theme: "USFWS Perspectives on Hydro ESA Consultation Strategies for Effective, Timely Section 7 Consultation Doug Young Energy Program Manager, FWS, Oregon."— Presentation transcript:

1 USFWS Perspectives on Hydro ESA Consultation Strategies for Effective, Timely Section 7 Consultation Doug Young Energy Program Manager, FWS, Oregon

2 U.S. Fish and Wildlife Service Regions

3 Pacific Region

4 FWS Hydro ESA Issues in NW Fish and critical habitat: bull trout (Pacific lamprey) Wildlife and plants and critical habitat : Northern spotted owl

5 Pending FERC Applications in NW Original Licenses: 5 in Idaho, 4 in Washington, 6 in Oregon 9 ILP, 6 TLP Limited complex ESA section 7 consultations anticipated Many go away before ESA Relicense: 1 in Idaho, 2 in Washington, 3 in Oregon 3 ILP, 3 TLP Complex ESA consultations likely…

6 When ESA (and other) complexity is anticipated… Get started early with good planning, team building, studies and communication (informal) Make your choice: ILP or TLP But make informed choice!

7 Integrated Licensing Process Upsides : Faster More FERC involvement Might be able to build some collaboration into rapid, intense process Downsides : Challenging timeframes and milestones are disincentive for collaborative engagement – and FWS has limited staff capacity to achieve ILP and collaborative process Higher likelihood of applying other FPA authorities if the ESA Proposed Action doesn’t meet expectations = less certainty of outcome Lost opportunities to reach “elegant solutions”

8 Benefits of TLP Collaboration: Examples from Oregon “Mutual interests lead to solutions that otherwise are foregone” Julie Keil, PGE Clackamas : Looked at entire project, not piecemeal Investments focused in best locations Modeling and studies to determine iteratively when compliance is reached Regulatory agencies not forced into using all regulatory tools Willamette Falls : Negotiated performance-based survival criteria Avoided multiple, extremely costly screens

9 Recommendations Ask FERC to be the Nonfederal Representative for ESA Use TLP, or a more collaborative version of ILP Collaborate: engage early, communicate, frontload, build mutual interests, share risk Seek agreements that satisfy ESA as well as FPA (4e, 10j, 18) Understand that FWS doesn’t have too many bodies – engagement where project appears viable, process is collaborative, conservation opportunities exist Consider providing 3 rd party contractor support

10 Will it be J.A.M or Collaboration?


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