Coral and Critters

Photo by Jennifer Martin

Some projects will require additional evaluation. The resources below are not exhaustive. They are provided to make you aware of other laws which affect our permitting process and help you think about adequate avoidance and minimization for these resources.

The purpose of the Endangered Species Act (ESA) is to protect and recover many of our nation’s native plant and animal species that are in danger of becoming extinct. This protection extends to the habitats upon which they depend. The ESA is administered by the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS)/Protected Species Division (PRD). The USFWS consults on birds, terrestrial animals, plants, amphibians and most freshwater fish. The NMFS/PRD consults on salmon, marine fish, marine mammals, marine reptiles and coral. When a proposed project has potential to affect a species listed under the ESA, the USACE Regulatory Division is required to consult with the NMFS/PRD and/or the USFWS under Section 7 of the ESA and cannot verify or issue a permit until that consultation is complete.

Summary of the Endangered Species Act

Section 7 of the ESA

Pacific Islands NOAA Fisheries

National NMFS ESA Critical Habitat Mapper

Pacific Islands Fish and Wildlife Office

USFWS Information for Planning and Consultation (IPAC)

A USACE Honolulu District regulatory tool designed to expedite Section 7 consultation with the NMFS is called Standard Local Operating Procedures for Endangered Species (SLOPES). SLOPES allows for a streamlined consultation process by timing projects to avoid critical life cycle windows, by minimizing impacts to aquatic resources, listed species, and designated critical habitat, and by improving the environmental baseline through site-specific habitat improvements. The Pac-SLOPES Agreement includes Best Management Practices (BMPs) that must be followed in order to use the agreement for consultation. Applicants should consider reviewing, and incorporating, the applicable BMPs into their project plans to expedite the consultation process.

NMFS-USACE Pac-SLOPES Programmatic with Best Management Practices

Photos by Josh Moffi (first and third) and Jennifer Martin (second and fourth)

The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-267), established procedures designed to identify, conserve, and enhance Essential Fish Habitat (EFH) for those species regulated under a Federal fisheries management plan (FMP). Section 305(b)(2) of the Magnuson-Stevens Act requires Federal action agencies to consult with NOAA’s National Marine Fisheries Service (NOAA Fisheries/NMFS) Habitat Conservation Division (HCD) on all actions, or proposed actions, authorized, funded, or undertaken by the agency, that may adversely affect EFH. Upon completion of consultation, there may be Conservation Recommendations that may be applied as Special Conditions to a Department of the Army permit.

Magnuson-Stevens Act

Pacific Islands EFH

Pacific Islands Ocean Observing System (PacIOOS)

Similar to the process described above under ESA Pac-SLOPES, the USACE and NMFS/HCD have coordinated and developed an EFH programmatic process for some activities which would not result in a substantial adverse effect to EFH within the Honolulu District’s Area of Responsibility. The EFH Programmatic Agreement includes Conservation Recommendations (CRs) that must be followed in order to use the agreement for consultation. Applicants should consider reviewing, and incorporating, the applicable CRs into their project plans to expedite the consultation process.

NMFS-USACE EFH Programmatic with Conservation Recommendations

Photos by Jennifer Martin

The waters of the Pacific contain a large diversity of corals, therefore when projects necessitate in-water work, impacts to coral may be unavoidable. The Corps has released the Hawaii Coral Ecological Services and Functions Assessment Tool to help applicants evaluate the level of impacts.

USACE Hawaii Coral Assessment Tool

USACE Hawaii Coral Assessment Tool Handbook

Other Resources

Coral Reefs in the Pacific-NOAA

Coral Reefs-Hawaii Division of Aquatic Resources (DAR)

Hawaii Coral Restoration Nursery

An applicant can obtain the services of a consultant to assist them with coral and marine surveys, development of coral relocation plans, conducting coral relocation, etc.

If you are a consultant and would like to request to have your name added to the USACE Regulatory Division, Honolulu District consultant directory, please complete the Request for Listing Form below and submit to CEPOH-RO@usace.army.mil.

Disclaimer: This directory, including the list of services offered, contains only firms who request listing and may not include all of the firms within your service area. USACE neither endorses nor accepts responsibility for work performed by any firm on this list.

Consultant Directory for Work with EFH, Including Coral (Under Construction)

Request for Listing Form

Photos by Jennifer Martin