The U.S. Fish and Wildlife Service's (Service) New York and Long Island Field Offices are happy to provide technical assistance to private individuals and organizations, as well as federal, state, and local agencies pursuant to the Endangered Species Act (ESA) (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.).
We are currently experiencing a high demand for Endangered Species Act project reviews. To ensure that your project review packages are able to be reviewed as efficiently as possible, please include an Official Species List from the Information for Planning and Consultation ( IPaC IPaC Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process
Due to current staff shortages, a large workload for project reviews, and our work to conserve federally listed and at-risk species with our partners, current project review times can vary, possibly 60 days or more for large projects. Every project review is important to us; we will do our very best to address project reviews in a timely fashion. Your patience is appreciated.
What is this site for? To help you determine whether a federally listed, proposed, or candidate species, and/or designated “critical habitat” may occur within a proposed project area.
Is this site different than the NYSDEC mapper? Yes. You should use both sites. The NYSDEC mapper only provides KNOWN locations of certain species. Consider the potential for species at your site based on location and habitat.
Who should use this site? Landowners, applicants, consultants, agency personnel, and any other individual or entity requesting Service review of their project within the State of New York.
When should you use it? Ideally, before contacting our office. Because the information is frequently updated to provide new trust resource information and methods to review projects, use these steps for each project review to ensure that you have current information.
What if you have questions while using this site? Contact our office email for assistance (FW5ES_NYFO@fws .gov). For projects in the New York City area and Long Island, including Rockland and Westchester Counties, address email correspondence to the Long Island Field Office. For projects throughout the rest of New York State, address email correspondence to the New York Field Office.
In the diagram, the project affects water quality or quantity downstream. So, the applicant should obtain a species list for both Quad A and Quad B (or County A and County B).
Determine 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 the proposed project. Action area refers to the area directly or indirectly affected by the proposed action. This area will usually be larger than the project footprint. To determine your action area, mark the project footprint on a topographic map. Identify the range of impacts such as:
Ground disturbance
Changes in water quality and quantity (both surface and underground water)
Air quality impactsLighting effects
Noise disturbance
Draw a line around all of the affected areas. Send us a copy of the map when you initiate Project Reviews. Continue to Step 2.
Step 2: Official Species List
Use the Service's IPaCsystem to determine if any federally listed, proposed, or candidate species may be present in the action area.
Click “Log In” then “Create a New Project” or continue working on one of your saved projects. Enter your project location information. Please draw or upload your project location. This will allow you to get more accurate information related to potential presence of species in your action area. Confirm the location.
Click "Define the Project". Please enter the requested information (e.g., project name, project description). Click "Start Review." Click "Continue." Click "Yes, Request a Species List." Review information, select "lead agency" and project "classification."
Click “Submit official species list request.
NOTE: For some projects you can continue further within IPaC IPaC Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process
Learn more about IPaC to determination keys (e.g., FHWA, FTA, FRA projects with Indiana bats and northern long-eared bats and projects that may affect northern long-eared bats).
What if no species are listed under the “Endangered Species Act Species List” part of the Official Species List, and you have no other information to suggest species presence?
No further coordination under the ESA is required; you do not need to submit this project to the New York Field Office for review, and instead you can print the official species list for your files. In addition, if you are staff from a Federal agency or designated non-federal representative for a Federal agency, you can use this letter for your files. If you are a Project Sponsor /Proponent or a Consultant, please usethis letterfor your files.
Until the proposed project is implemented, check IPaC frequently to ensure that species information is current (by selecting “Need an updated species list”). If any changes to the Official Species List occur, you must complete this process again for any newly identified species.
Continue to Step 5
What if species are identified under the “Endangered Species Act Species List”? Add all of the identified species to the species conclusions table (MS Word Format). Continue to Step 3
NOTE: There are other resources, including migratory birds, available through the IPaC Resources Tab and Trust Resource Report. This information can be helpful to consider during project planning, but is not required to be submitted for Endangered Species Act review in the species conclusion table. One exception is the bald eagle as we encourage including that species in the table if any roosts or nests are near the project.
Step 3: State Coordination
Check for any known locations of federal trust species by contacting the New York Natural Heritage Program (NYNHP) or using theNew York State Department of Environmental Conservation (NYSDEC) EAF mapper. If a federally listed, proposed, or candidate species is present within the action area, you will get a report from NYNHP directing you to contact the appropriate NYSDEC Regional Office. Add any NYNHP and NYSDEC correspondence that you receive to the project review submittal.
What if NYNHP or NYSDEC mapper identifies species at the site or nearby? Write "yes" for the species present column for the appropriate species on the species conclusions table and include notes about NYNHP/NYSDEC response in the notes column. If the conclusion for all species on your list is “yes” for "species present," go to Step 5.
Otherwise, continue to Step 4.
What if no species are identified by the NYNHP or NYSDEC mapper? There are no known occurrences but there may still be listed species present (surveys not yet conducted). Leave the species present column blank and continue to Step 4.
Please note that the NYNHP/NYSDEC provides information on known occurrences; this information does not replace field surveys as most project sites have not been previously surveyed specifically for listed species.
Step 4: Suitable Habitat
For all species identified in “Endangered Species” section of IPaC Trust Resource Report, consider whether species may occur based on the habitat present within the action area for each species on the ESA species list.
Review the information on our species page and provided in IPaC, any information provided by NYNHP and NYSDEC, and any other sources of available information (e.g., habitat assessments) to determine whether the action area contains potential habitat for each species.
Is there guidance available for assessing suitable habitat?
What if there is no potential/suitable habitat? If you conclude that potential habitat is absent within the action area, write “no” in the habitat present column for the appropriate species, and document what source(s) of information you consulted and the basis for your conclusion in the Notes / Documentation column of the species conclusions table. Add this documentation to your project review submittal.
If this is the answer for ALL species from IPaC, no further coordination under the ESA is required. You can print the Resource Report for your files.
Until the proposed project is implemented, check IPaC every 90 days to ensure that species information is current. If any changes to the Official Species List occur, you must complete this process for any newly identified species.
What if there is potential/suitable habitat? Write “yes” in the habitat present column. Assess potential for impacts and coordinate with our office for the potential need for species presence/absence surveys.
Submit results of habitat surveys (including field survey forms) and any proposed plans for species surveys.
Any conclusions you reach regarding habitat and species presence should be filled in for all species in your table at this point. If there are species on your list without conclusions, return to Step 3 and continue through the review process until you have conclusions for each species.
When all conclusions are complete, continue to Step 5.
Step 5: Critical Habitat
Currently the only designated critical habitat in New York State is for the Great Lakes breeding population of the piping plover and occurs along 17 miles of Lake Ontario shoreline in Oswego County and Jefferson County. If the proposed project occurs within this area, add "piping plover critical habitat" to the species conclusion table. If the action area does not occur in this area, continue to Step 6.
NOTE: Designated critical habitat is only applicable for projects with Federal agency involvement. No comments/analyses on critical habitat are needed for projects without Federal agency involvement.
(A). If the action area does not intersect with the critical habitat, write "no" in the critical habitat present column in the species conclusions table, and continue to Step 6.
(B). If the action area intersects with the critical habitat, write "yes" in the critical habitat present column in the species conclusion table and continue to Step 6.
Step 6: Bald Eagle
The bald eagle (Haliaeetus leucocephalus) is protected by the Bald and Golden Eagle Protection Act (BGEPA). Follow the steps below to determine if a BGEPA permit may be necessary. Your consultation with the New York Natural Heritage Program (NYNHP) or the New York State Department of Environmental Conservation (NYSDEC) (see Step 3) will have informed you of the presence of any bald eagles in the vicinity of your action area, since the bald eagle is a state-listed species and New York has regulations and/or guidelines for bald eagle management. The bald eagle breeding season in New York is from January through August.
Determine if the action area intersects with a bald eagle nest buffer. The NYNHP and the NYSDEC will have informed you of any bald eagle nests1 occurring in the action area in the course of your contact with them under Step 3.
1. If the action area is not within 660 feet of a bald eagle nest, add "bald eagle" to the species name column and write “unlikely to disturb nesting bald eagles” to the determination column in the species conclusions table. Please provide a map of your project area, if in close proximity to a nest site and add it to the project review submittal. Continue to Step 7.
2. If the action area is within 660 feet of a bald eagle nest, determine whether the proposed action may disturb the nesting eagle by following the steps in the Service's Region 5 bald eagle management guidelines and conservation measures web review process.
If you are able to implement the recommendations in the guidelines, write “unlikely to disturb nesting bald eagles” in the determination column. Document recommendations you plan to implement to avoid disturbance in the Notes/Documentation column of the species conclusions table and add any additional documents / documentation to the project review submittal. Continue to Step 7.
If you are unable to implement the recommendations in the guidelines, write "may disturb nesting bald eagles” in the species determination column. Provide an explanation of why the recommendations cannot be implemented in the Notes/Documentation column of the species conclusions table and add this to the project review package. Continue to Step 7.
1Bald eagle roosting concentrations should also be considered. If the proposed project is near a concentration area, please contact the Service to assist with an evaluation of the proposed project.
The habitat present, species present, and critical habitat present columns should be filled in for all species / critical habitat by this point.
(A). For projects with Federal agency involvement: The ESA directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the ESA. 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 of the ESA, 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. Here is a direct link to further Section 7 Consultation information.
NOTE: Only Federal agencies or their designated non-Federal representatives can complete informal Section 7 consultation with the Service. If interested, Federal agencies would need to designate a non-Federal representative, in writing, and can do this via email or letter to the Service. If you are not a Federal agency or their designated non-Federal representative, the Service can provide technical assistance to you, but cannot complete consultation with you directly.
If suitable habitat is absent for listed / proposed / or candidate species, or surveys for the species were negative, an appropriate determination for those species is that the project will result in "no effect" to those species.
If there is no designated critical habitat within the action area, an appropriate determination is that the project will result in "no effect" to the critical habitat.
If the determination for each species and critical habitat is "no effect" and the BGEPA determination is "no BGEPA permit required," Federal agencies can document this information for your files. If you choose to submit the project review submittal that supports your conclusions, this office will review the information.
If any listed / proposed / candidate species / or designated critical habitat occurs in or is likely to occur in the project action area, the proposed action must be evaluated to determine whether it may affect the species or critical habitat. If any species or critical habitat "may be affected by the proposed project" or the BGEPA determination is "BGEPA permit may be required," submit the project review submittal to this office for review unless a determination key was used within IPaC that addressed ALL of the species within the official species list. Attach the online project review request letter in MS Word format or fillable PDF and ensure you provide all requested information. We will not respond until we receive a complete project review submittal.
(B). For projects without Federal agency involvement: For projects not authorized, funded, or carried out by a Federal agency, the prohibitions provided under the ESA still apply. For instance, no person is authorized to "take" 2 any listed wildlife species without appropriate authorizations from the Service. Therefore, we provide technical assistance to individuals and agencies to assist with project planning to avoid the potential for "take," or if take cannot be avoided, to provide assistance with their application for an incidental take permit pursuant to Section 10(a)(1)(B) of the ESA. Here is additional information on incidental take permits and habitat conservation plans (HCPs):
NOTE: Designated critical habitat is only applicable for projects with Federal agency involvement. No comments on critical habitat are needed for projects without Federal agency involvement.
If suitable habitat is absent for a listed / proposed / or candidate species, or surveys for the species were negative, an appropriate determination for those wildlife species is “take is not anticipated.” If take is not anticipated and the BGEPA determination is “no BGEPA permit required,” you can document this information for your files. If you choose to submit the project review submittal that supports your conclusions, this office will review the information.
If any listed / proposed / or candidate species occurs in or is likely to occur in the project action area, the proposed action must be evaluated to determine whether take is likely. If this is the case, or the BGEPA determination is “BGEPA permit may be required,” submit the project review submittal to this office for review. Attach the online project review request letter in MS Word format or fillable PDF and and ensure you provide all requested information. We will not respond until we receive a complete project review submittal.
If you are required to submit the project review submittal to this office, submit project review submittals electronically to our office email. Please note that any single email, including attachments, must be smaller than 25 MB. If a single email would be larger than 25 MB, please spread-out multiple attachments among several emails (use the same subject name and project reference in all emails related to an individual project). Alternatively, please mail a hard copy or DVD containing the project review submittal to one of our offices.
Projects in Long Island, including Nassau & Suffolk,
as well as New York City, Westchester, and Rockland Counties:
Projects in Upstate NY:
Long Island Field Office 340 Smith Road Shirley, NY 11967 Voice: 631-286-0485 Fax: 631-286-4003
Maintain a complete copy of the project review submittal in your files since it will become an integral part of your official record of compliance.
This completes the submission process. Please call if you have any questions.
1 Consider direct and indirect effects to the species/critical habitat. Indirect effects are effects that are caused by or will result from the proposed action and are later in time, but still reasonably certain to occur (50 CFR Section 402.02). For further discussion of effects analyses, please review pages 4-25 - 4-31 in our Section 7 Consultation Handbook.
2 Take is defined in Section 3 of the ESA as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.
Projects with Indiana bats and Northern Long-eared Bats
Indiana bat and northern long-eared bat 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.
Follow these project review guidelines and submit the project information to this office for review regardless of the outcome in the species conclusions table.
