This step-by-step guide will walk you through the process of project screening and--when appropriate--obtaining project review from the U.S. Fish and Wildlife Service's (Service) New Jersey Field Office (NJFO). This guide is valid only for projects proposed in New Jersey. Please be sure to review and carefully follow all six (6) steps listed below.
What is consultation?
Section 7 Section 7 Section 7 Consultation
The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.
Learn more about Section 7 (a)(2) of the Endangered Species Act (ESA) requires Federal agencies to consult with the Service to ensure that actions they fund, authorize, permit, or otherwise carry out will not jeopardize the continued existence of any listed species, or result in the destruction or adverse modification of designated critical habitats. Federal agencies ARE NOT required to contact the Service if a proposed action will have no effect on listed species. However, Federal agencies ARE REQUIRED to initiate consultation with the Service if a proposed action may affect one or more listed species or designated critical habitat.
What is technical assistance?
The NJFO provides review of non-Federal actions that may affect federally listed species or their habitats as technical assistance under the Endangered Species Act (ESA). Technical assistance helps:
avoid or minimize adverse effects to listed species;
avoid unintentional violations of the ESA Section 9, which prohibits unauthorized take of listed wildlife;
determine if a Section 10 permit and a Habitat Conservation Plan are needed; and
ensure compliance with New Jersey land use regulations.
Through our Conservation Planning Assistance program, the NJFO also provides technical assistance reviews of proposed actions (both Federal and non-Federal) that are likely to impact wildlife resources other than federally listed species. These other wildlife resources include migratory fish and birds, wetlands, National Wildlife Refuges, and the Coastal Barrier Resources System.
When does the NJFO review projects?
The NJFO reviews proposed projects under certain circumstances, for example when:
a Federal permit, license or other authorization is required (e.g., an Army Corps permit), Federal funding will be used in project implementation, and/or a Federal agency will carry out the project;
a State freshwater wetland permit is required in a municipality that is known to support federally listed species;
a State freshwater wetland permit is required and will involve Federal review (e.g., wetland fill over 5 acres, channelization of over 500 feet of stream);
an applicant/project proponent or authorizing/implementing government agency requests Service input as technical assistance; or
proposed activities may affect a federally listed species, or may impact other wildlife resources such as a National Wildlife Refuge, bald eagles, other migratory birds or fish, and/or are located in a unit of the Coastal Barrier Resources System.
Specific to the Endangered Species Act (ESA), Service review is REQUIRED under the following two circumstances:
If a project that involves Federal funding or Federal authorization may affect a federally listed species, then consultation with the Service is required under Section 7 of the ESA.
OR
If a non-Federal project may result in take of a federally listed species, then technical assistance should be requested from the Service to determine if a permit and a Habitat Conservation Plan are required under Section 10 of the ESA.
The action area action area All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.
Learn more about action area of a proposed project is defined by regulation as all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action (50 CFR Section 402.02). This analysis is not limited to the "footprint" of the action nor is it limited by the Federal agency's authority. Rather, it is a biological determination of the reach of the proposed action on listed species.
This diagram shows how an action area encompasses the project footprint and any area impacted by the effects of the project.
To determine your action area, first draw the project footprint (including access & temporary workspace). Then, identify the extent of temporary/permanent impacts anticipated to occur such as:
Ground disturbance and vegetation disturbance
Hydrologic/hydraulic effects
Air/water quality effects
Visual disturbance or lighting effects
Noise disturbance
Landscape-level effects
Secondary areas that may be affected by reasonably foreseeable future actions that would not occur without (“but for”) the project that is currently being proposed
Draw a line delineating the action area around all the impacted areas, which usually extends beyond the project footprint. For example, the Service recommends that project proponents delineate the action area to include (but not limited to) the following:
all areas of disturbance for temporary access routes or workspaces.
all areas upstream and downstream of new or modified surface water withdrawals, discharges, and/or impoundments.
the entire area in which ground water tables may be affected (e.g., draw-down, reversal of flow) as a result of a new or increased ground or surface water withdrawals.
all areas likely to experience increased erosion or receive sedimentation because of project activities. This frequently includes wetlands, watercourses, and other ecosystems located down gradient of proposed activities.
all areas where pollutants (e.g., petroleum products, pesticides, herbicides) from the project could cause impacts.
all areas which may become inaccessible to wildlife because of new or enlarged barriers to movement (e.g., roads, rail lines, dams).
all areas which may become unsuitable to wildlife because of indirect effects of habitat fragmentation (e.g., “edge effects”).
all areas in which wildlife prey resources (e.g., invertebrates) may be indirectly impacted by project activities (e.g., through drift of placed sediments, pesticide overspray).
all areas subject to new or increased public, recreational, or other human uses -- either legal or illegal -- as a result of new access routes or infrastructure included in the project.
all areas where suitable or optimal habitat features may be precluded or delayed in forming as a result of project activities.
STEP 2: Obtain a Species List
Visit the Service's Information, Planning, and Conservation System ( IPaC IPaC Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process
On the "Define area" screen, draw the action area of the proposed project. Alternatively, you may upload a shapefile of the action area.
After you see your preliminary species list, click the “Define Project” button, then click the “Request Species List” button to start the process of obtaining an Official Species List. (Please note that a Resource List is not the same as an Official Species List and cannot be used for consultation, as indicated by the watermark “Not for Consultation.”)
View and/or download the Official Species List report, which includes all ESA species that may occur in the vicinity of the action area, along with information on other wildlife resources.
If the proposed project is a transportation project sponsored or carried out by the New Jersey Department of Transportation, follow established procedures. Contact Alicia Protus with any questions.
For all other project types, follow the instructions in the rest of this section (Step 3B).
Step 3B. Track Species Determinations. We recommend downloading and filling out the optional Species Determination Tracker to ensure that ESA requirements have been completed for all ESA species occurring in New Jersey.
Step 3C. Review the IPaC Official Species List.
No ESA Species on the IPaC Official Species List. If the IPaC Official Species List indicates that "There are no listed species found within the vicinity of the project," then project proponents can conclude the proposed activities will have no effect on any ESA species under Service jurisdiction. Attach this No Effect Letter to the dated IPaC species list report for your records and proceed to Step 6 on this page to protect other wildlife resources.
ESA Species on the IPaC Official Species List.If the IPaC Official Species List indicates that any ESA species may occur in your action area, then use these Project Screening Questions and the appropriate Determination Key(s), as indicated in the Screening Questions, to determine if project-specific review by NJFO is needed.
Please ensure you review the notes underneath the species present on the species list. If there is a note on the list explaining that the species only needs to be considered for certain project activities and your project will not include that activity, project proponents can conclude the proposed activities will have no effect to that species.
Important Notes:
In this Project Review Guide, the term “ESA species” is used to mean all federally listed, proposed and candidate species. See the Definitions section of the Project Screening Questions for clarification of other terms used in this Project Review Guide.
Each ESA species returned in the IPaC Official Species List must be screened regardless of the IPaC results regarding critical habitat. Species for which no critical habitat has been designated or proposed should still be screened. Likewise, species should be screened even if IPaC indicates that the action area is outside of any designated or proposed critical habitat.
Please do not self-certify a “no effect” determination in any Determination Key(s) unless you have already reached that conclusion using the Project Screening Questions.
Due to limited staff, NJFO is unable to provide project-specific concurrence with a “no effect” determination based on the IPaC Official Species List and Project Screening Questions. You can use the No Effect Letter (attached to the dated IPaC species list report and supporting documentation) to document the NJFO's policy of NOT providing concurrence with a “no effect” determination. Proceed to Step 6 on this page to protect other wildlife resources.
No correspondence with the Service regarding ESA species is necessary for projects when you have used the Project Screening Questions and/or appropriate Determination Key(s) to reach “no effect” or “not likely adversely affect” determinations for ALL ESA species on the IPaC Official Species List. However, even in these cases, the Service SHOULD be contacted if our general recommendations to protect other wildlife resources cannot be implemented.
We do not recommend using the Consultation Package Builder tool in IPaC except in specific situations where you are directed to do so following initial coordination with NJFO. Instead, if project review by NJFO is needed, follow the instructions under Step 4, below.
A species list is valid for only 90 days because the status of species can change and new occurrences of ESA species may be found.
For activities that require authorization under the State’s Freshwater Wetlands Protection Act and are not authorized, funded or carried out by a federal agency, consultation/technical assistance with the Service should be coordinated with the New Jersey Division of Land Use Regulation (see Memorandum of Agreement). As necessary, activities authorized, funded, or carried out by a federal agency that will also need a freshwater wetland permit should proceed with ESA Section 7 consultation directly with the NJFO prior to submitting a freshwater wetland permit application to the NJDEP.
Notes about the New Jersey Landscape Project:
The Landscape Project is an ongoing effort by the New Jersey Endangered and Nongame Species Program to "protect New Jersey's biological diversity by maintaining and enhancing imperiled wildlife populations within healthy, functioning ecosystems." Protection of mapped habitats is reflected in New Jersey's Land Use Regulations.
Landscape Project maps do not include habitat for federally or State-listed plants. Information regarding State-rare plants and natural communities is available from the New Jersey Natural Heritage Program.
Habitats mapped on the Landscape Project do not constitute Critical Habitat designated under the Federal Endangered Species Act.
Presence or absence of habitat for ESA species on the Landscape Project does not determine whether consultation or technical assistance with the NJFO is necessary under the Federal Endangered Species Act. Likewise, the New Jersey Natural Heritage Program report is part a separate process from Endangered Species Act consultation. (See Overview section at the top of this page.) Follow the steps on this page to ensure compliance with the Federal Endangered Species Act.
Landscape Project maps are not produced by the Service. Questions regarding the Landscape Project should be directed to the New Jersey Endangered and Nongame Species Program.
STEP 4: Submit Project Information
The NJFO strives for paperless project reviews. After following all the steps on this page, please use this email address to submit all new requests for project review.
Please include the name of the project and the IPaC Project Code in the subject line of the email.
Please do not mail a paper copy.
If you have supporting materials that cannot be emailed, note that in your incoming request and a biologist will follow up with you.
Please DO NOT email general correspondence or inquiries to the above address — new project review requests only.
Please DO NOT email new project review requests to individual staff biologists.
Once a project review is in progress, follow-up emails can be exchanged directly with the assigned biologist.
Please be sure to follow Steps 1, 2, and 3 on this page before requesting ESA consultation or technical assistance. If you have determined that you need to consult with the NJFO, or require technical assistance, you can assist us in expediting your request by providing the specific information listed below about the proposed project activities and project site. We understand that some of the information requested below may not be available at the time you make your request (e.g., detailed project plans); however, please provide as much information as possible to expedite our review. Due to staffing constraints, submissions lacking necessary project information will be returned via email.
INFORMATION TO INCLUDE WITH REQUESTS FOR PROJECT REVIEW:
A copy of the IPaC Official Species List.
Documentation obtained from any/all Determination Key(s).
A completed copy of the Species Determination Tracker, which includes fields for the information marked with an asterisk (*) below.
The name of the project or property, including municipality, county, and Block and Lot number.*
Available project plan sheets or schematics. As possible and applicable, plans should show the limits of disturbance, access routes, staging/storage areas, areas of temporary disturbance, sediment/erosion control measures, stormwater infrastructure, in-water work, storm/waste water discharges, and areas of tree clearing.
ESRI-compatible GIS layers (i.e., shapefiles including the projection, or Google KMZ/KML files) depicting: The project footprint (i.e., limits of disturbance), including access, staging, and storage areas and areas of temporary disturbance. AND The project action area (see Step 1, above). This should be the same GIS layer that was uploaded to, or generated by, IPaC. To retrieve a GIS layer of the action area as drawn in IPaC, users should follow these steps: (a) After entering a project into IPaC, go to the "Project Home" page. The page displays a map widget that shows the project area. (b) Click the button, located in the top right corner of the map widget, to expand the map to full screen. (c) Click the "download shapefile" button on the left side of the page, which will export a zipped folder containing a shapefile of the project action area boundary, as drawn in IPaC.
The name(s) of any Federal agency authorizing, providing funding for, and/or carrying out the proposed project. If the project is non-Federal, please indicate this in your request for technical assistance.*
Indication whether a State Freshwater Wetland permit will be required, and a list of any other non-Federal authorizations being sought.*
A description of the proposed project (e.g., residential, commercial), including proposed stormwater management and tree clearing, the types of equipment to be used, a characterization of expected noise levels, the extent of ground disturbance, any in-water work, and sediment/erosion control plans.
The expected start date and end date of project activities.*
A description of the natural characteristics of the property and surrounding area (e.g., forested areas, freshwater wetlands, open waters, and soils). Additionally, please include a description of surrounding land use (e.g., residential, agricultural, or commercial) and a description of the area to be impacted by the proposed project, including trees and other vegetative cover types to be removed.
Pictures of the project area along with project plans or a map indicating the orientation of the pictures.
A copy of any field surveys or habitat evaluations conducted.
NOTE: Contact the Service before conducting surveys for any ESA wildlife (animal) species to obtain a list of recognized, qualified surveyors and to request concurrence with a draft survey work plan. NJFO does not maintain qualified surveyor lists for plant species. Information on seasonal survey windows is available to assist with project planning. Also see our Library Collections for applicable survey guidelines.
Indication of which ESA species may be affected by the proposed activities, based on the IPaC Official Species List, the Project Screening Questions, and any applicable Determination Key(s). Please carefully review Step 3 in conducting this assessment.
For projects with Indiana bat or northern long-eared bat on the Official Species List, please indicate whether tree clearing is proposed. If tree clearing is proposed, describe the species, size (diameter at breast height [DBH]), and number/acreage of trees proposed for removal, and indicate whether clearing of trees will be seasonally restricted as follows, making reference to the Bat Municipality List.
In municipalities with hibernation occurrence: April 1 – November 15. In municipalities with maternity occurrence: April 1 – September 30. In municipalities with both hibernation and maternity occurrence: April 1 – November 15. In areas of potential occurrence (i.e., all areas returned by IPaC but not on the bat municipality list): April 1 – September 30.
Proposed conservation measures to avoid or minimize adverse effects to ESA species. Please review these Best Practices for conservation measures that are typically included in consultations.
An assessment of the potential effects to each ESA species that may be affected by the proposed project and your determination if the project is “likely” or “not likely” to adversely affect that species. (See Definitions section of the Project Screening Questions.)
Indication if the Service's recommendations to protect other wildlife resources will be implemented. (See Step 6, below.)
Your contact information, including telephone number, U.S. mailing address, and email address.
STEP 5: Coordinate with the Service
The NJFO strives to respond to all requests for informal Section 7 consultation on Federal projects, technical assistance requests for non-Federal projects, and public inquiries, within 60 days after all necessary information is received. Receipt of incomplete information may delay our response substantially.
Our response letters will have the IPaC Project Code in the upper left corner of the document. Please refer to this number during any subsequent correspondence and include it in the subject line of future emails.
For some projects, a Service biologist may contact you via telephone or email to request a site visit, additional project information, or refinement of the proposed conservation measures.
STEP 6: Protect Other Wildlife Resources
The Service recommends the following best practices to protect other wildlife resources, which are protected by various Federal and State laws. Please contact the NJFO if you require technical assistance in implementing these recommendations.
Seasonally restrict tree clearing from March 15 to September 15 (range may differ depending on which species you identify may be within the area) to avoid injuring or killing nesting birds. For more detailed seasonal information see the IPaC Official Species List and visit the Rapid Avian Information Locator.
For proposed communication towers, follow the Service’s tower siting guidelines, and coordinate with the NJFO on structures over 200 feet tall.
For proposed wind turbines, strive for consistency with Service's wind turbine guidance and coordinate with the NJFO during project review.
For glass windows in existing buildings and proposed buildings two stories or less, adopt best practices to minimize bird collisions such as glass coverings, minimizing and down-shielding outdoor lights, and careful landscaping. For proposed buildings three stories or taller, coordinate with the Service during project review and follow best practices such as turning off indoor lights and using bird-friendly glass or glass coverings. For additional information see Reducing Bird Collisions with Buildings and Building Glass Best Practices.
Utilize nature-based solutions that provide an ecological benefit and promote long-term sustainability of fish and wildlife populations and their habitats.
Avoid habitat fragmentation and barriers to wildlife movement, such as new roads or dams.
Avoid impacts to pollinators and their habitats. Plant native plants that are favorable to pollinators. More information is available from the Service, the U.S. Department of Agriculture’s Natural Resources Conservation Service, and the non-governmental Xerces Society.
Take steps to limit the spread of invasive species invasive species An invasive species is any plant or animal that has spread or been introduced into a new area where they are, or could, cause harm to the environment, economy, or human, animal, or plant health. Their unwelcome presence can destroy ecosystems and cost millions of dollars.
Clean vehicles, equipment, clothing, and shoes after use in a disturbed area and/or before use in a natural or undisturbed area.
Clean boats and aquatic equipment thoroughly after each use.
Do not release any captive plants or animals.
Follow best practices for the transport and proper disposal of plants, seeds, insects, live animals, animal parts, and untreated wood products.
Monitor project areas and promptly treat new invasions. Early detection is key!
The U.S. Department of Agriculture has a searchable collection of invasive species best management practices covering various ecosystems and regions. New Jersey’s non-governmental Invasive Species Strike Team works to eliminate threats from newly emerging invasive species before they become widespread.
Avoid impacts to sensitive wildlife areas such as habitats for State-listed species, vernal habitats, biodiversity priority sites, shellfish beds, and submerged aquatic vegetation.
Develop compensatory mitigation plans for fish and wildlife habitat that will be permanently impacted or lost due to proposed projects. An emphasis should be placed for migratory birds and Service priority at-risk, threatened, and endangered species. At a minimum, the Service would recommend a 1:1 ratio for replacement of habitats that are not already protected by other laws/regulations (e.g., aquatic resources protected by the Clean Water Act or NJDEP’s Freshwater Wetlands Protection Act and Flood Hazard Area Control Act). We recommend habitat losses are replaced to provide equal or better functions than they are currently serving. Potential mitigation could include restoration of habitat with the goal of ensuring that there has been no net loss of ecologically significant habitat. Refer to the Service’s Mitigation Policy for more information.
