Maine Field Office - Ecological Services
Northeast Region
 

Species Lists and Project Reviews in Maine

Step 5

(A) If you are a Federal agency... (B) If your project will have a Federal nexus... (C) If your project has no Federal nexus...

Congratulations your project evaluation is almost complete. By this point, your species summary table should be completed for columns 2 and 4. In this last step you will complete the project review process depending on whether a) you are a Federal agency, b) your project will have a Federal nexus, or c) your project has no Federal nexus. To assist you further, we have provided two examples of completed species summary tables below.

(A) If you are a Federal agency that funds, permits, constructs or provides technical assistance to a project, you are responsible for making initial determinations under the ESA in coordination with the Fish and Wildlife Service. The Federal agency may use the table below as a guide to make initial determinations for federally listed and candidate species and critical habitat under section 7 of the ESA. This table should guide you in determining if your actions will have "no effect" or "may effect" listed species and their critical habitat. This process is not intended to provide guidance on determinations of "not likely to adversely affect" or "adversely affect" listed species or critical habitat. If your project species summary table results in a preliminary determination of "may affect" federally listed species or may disturb eagles, then you must consult with the Maine Field Office with your project review package.

Possible Conclusions

ESA Section 7

In the action area, the species is not present AND there is no suitable habitat present AND there is no critical habitat present

No Effect

Suitable habitat present, species not present

May affect

Species present

May affect

Critical habitat present

May affect

Candidate species present or their habitat present

Recommend coordination with the Maine Field Office to develop measures to avoid effects

Unlikely to take or disturb nesting bald eagles

No Eagle Act permit required

May take or disturb nestling bald eagles

Eagle Act permit may be required

If the ESA section 7 determination for any species or critical habitat is "may affect" you should submit a request to the Maine Field Office to initiate consultation. Attach the online project review request letter (MS Word Format) and ensure you provide all requested information below. We will respond after we receive a complete project review package, which includes:

  • Your name and contact information
  • Project title used in IPaC
  • A brief project description
  • Your official species list from IPaC
  • A map of your project action area (IPaC action area map)
  • A map from the Maine Field Office's Bald Eagle Map Tool (if applicable)
  • A completed species summary table
  • Any additional information that supports the determination made in you species summary table

If you are a Federal agency and you answered "don't know" in steps 3 to 4, then submit a complete project review package as described as above. Additional coordination with the Fish and Wildlife Service will be needed to arrive at a final determination under the ESA.

If you are a Federal agency and used this process to reach a determination of "no effect" then print a copy of your species summary table and maintain it in your project file. Federal agencies do not need concurrence from the Fish and Wildlife Service for a "no effect" determination. No further consultation is needed with the Maine Field Office.

The project proponent is responsible for making the final determination for the Eagle Act. Please refer proponents who believe their projects may take or disturb bald or golden eagles to contact the Maine Field Office as an Eagle Act permit may be required.

Submit your consultation package

  • by email to: Shay_white@fws.gov
  • by mail to: Project Review, U.S. Fish and Wildlife Service, 17 Godfrey Drive, Suite 2, Orono, ME 04473

(B) If you are a consultant or individual WITH a project having Federal agency involvement (any action authorized, funded, or carried out), please provide a complete project review package to the appropriate Federal agency. The Federal agency then has a responsibility under the ESA to make a determination regarding effects to listed species and consult with the Maine Field Office as described above in (A).

(C) If you are a consultant or individual WITHOUT Federal agency involvement (any action authorized, funded, or carried out), project review with the Maine Field Office pursuant to section 7 of the ESA is not required but other provisions in the ESA still apply. For instance, no person is authorized to "take" (kill, injure, harm, harass, etc.) listed species without appropriate authorization from the Service. Therefore, we provide technical assistance to individuals and State or local agencies to assist with project planning to avoid the potential for "take," or when appropriate, to provide assistance with their application for a take permit pursuant to section 10 of the ESA. For more information on incidental take permits and associated Habitat Conservation Plans (HCPs), please review the Service's HCP Web site for information such as:

  • Frequently Asked Questions on HCPs
  • USFWS Habitat Conservation Plan Information
  • HCP and Incidental Take Permit Process
  • HCP Handbook
  • 5-point Policy Initiative (Addendum to the Habitat Conservation Plan Handbook)

Please contact the Maine Field office if you believe your project may take listed or candidate species or bald and golden eagles.

EXAMPLES OF SPECIES SUMMARY TABLES (MS Word Format):

Species Summary Table - Project 1 (Project where review and a response by this office is not necessary).

Species Summary Table - Project 2 (Project where review and a response by this office will be necessary)

 


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Last updated: October 30, 2012
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