STEP 5: MAKE APPROPRIATE ESA SECTION 7 DETERMINATIONS
When you have identified the appropriate species/habitat presence scenario for each species in your project’s , these keys facilitate making appropriate ESA determinations for each species. For each row in your ESA Section 7 Determination Table that has not been completed in the steps above, use the steps outlined in the key below to make your ESA Section 7 Determination for each species or critical habitat (Not Likely to Adversely Affect OR Likely to Adversely Affect) in column 4. The “available evidence” includes all project components, species biology/ecology, critical habitat physical and biological features information, and how those may interact. In the final column, describe the supporting evidence for your determination including elements of your project that will or will not cause adverse effects and why, based on the species biology and/or physical and biological features of critical habitat.
Section 7 Determinations: Reasoning and Decision – Listed Species
Apply the available evidence to determine answers to the following sets of questions. If suitable habitat is present, start at B.
A:
There is no overlap in space or time between proposed project and listed/proposed species or their habitat, or designated/proposed critical habitat. [i.e., no suitable habitat present]......No effect, Go to Step 6
There is overlap in space or time between proposed project and listed/proposed species or their habitat, or designated/proposed critical habitat. [i.e., no suitable habitat present]..................May affect, Go to B
B:
Individuals of a listed/proposed species are not likely to be exposed to one or more consequences of the proposed project.......................................................................................................NLAA, Go to Step 6
Individuals of a listed/proposed species are likely to be exposed to one or more consequences of the proposed project..........................................................................................................................N/A, Go to C
C:
Individuals of a listed/proposed species are not likely to respond upon being exposed to one or more consequences of the proposed project............................................................................NLAA, Go to Step 6
Individuals of a listed/proposed species are likely to respond upon being exposed to one or more consequences of the proposed project...............................................................................................N/A, Go to D
D:
Upon exposure to one or more of the effects of the proposed project, any responses are not likely to reduce the fitness of an individual of a listed/proposed species that has been exposed....NLAA, Go to Step 6
Upon exposure to one or more of the effects of the proposed project, any responses are likely to reduce the fitness of an individual of a listed/proposed species that has been exposed.......Possible LAA, Submit Review Request
NLAA = Not likely to adversely affect
LAA = Likely to adversely affect
Section 7 Determinations: Reasoning and Decision – Critical Habitat
Apply the available evidence to determine answers to the following sets of questions. If suitable habitat is present, start at B.
A:
There is no overlap in time and space between the proposed project and designated/proposed critical habitat........................................................................................................................No effect, Go to Step 6
There is overlap in time and space between the proposed project and designated/proposed critical habitat...................................................................................................................................May affect, Go to B
B:
Areas of designated/proposed critical habitat are not likely to be exposed to one or more consequences of the proposed project..............................................................................................................................NLAA, Go to Step 6
Areas of designated/proposed critical habitat are likely to be exposed to one or more consequences of the proposed project..........................................................................................................................................N/A, Go to C
C:
The quantity, quality, or availability of one or more physical or biological features of critical habitat are not likely to be reduced upon being exposed to one or more consequences produced by the proposed project......NLAA, Go to Step 6
The quantity, quality, or availability of one or more physical or biological features of critical habitat are likely to be reduced upon being exposed to one or more consequences produced by the proposed project.........Possible LAA, Submit a Review Request
NLAA = Not likely to adversely affect
LAA = Likely to adversely affect
ESA Section 7 Determination Table EXAMPLES:
Culvert replacement example:
Species/Resource Name | Species/Habitat Presence in Action Area | Sources of Info | ESA Section 7 Determination | Project Elements that Support Determination |
Gray bats | Suitable habitat present; species not present | Conducted bat survey within 6 months of project start date and found no bats. Habitat assessment or survey attached. | Not likely to adversely affect | There are no caves in the project area and we will not be doing any tree clearing; will complete work outside of TOY restriction of April 1-Nov 14. |
Ditching/ditch clearing example:
Species/Resource Name | Species/Habitat Presence in Action Area | Sources of Info | ESA Section 7 Determination | Project Elements that Support Determination |
Fluted kidneyshell | Suitable habitat present; species present | Recent survey found individuals within the action area, downstream of the project footprint. Individuals were located in stream to which ditch drains. Habitat assessment or survey attached. | Not likely to adversely affect | There will be no instream work in occupied stream, work will be completed in the dry in the ditch approx. 1000 m upstream. If flowing water is encountered, a non-erodible cofferdam will be used to pump water around the project area. The water will be filtered prior to discharge, thereby reducing sediment to the occupied stream. |
Bridge construction example:
Species/Resource Name | Species/Habitat Presence in Action Area | Sources of Info | ESA Section 7 Determination | Project Elements that Support Determination |
Roanoke logperch | Suitable habitat present; species present | Recent survey detected species in project area. Habitat assessment or survey attached. | Likely to adversely affect | We will permanently remove 250 sq feet of habitat and the project design cannot be modified. |
Continue to Step 6.