New Jersey Field Office Procedures for Consultation and Technical Assistance

njfoconsult@fws.gov

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What is Consultation?

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 adversely modify designated critical habitats. Federal agencies are not required to contact the U.S. Fish and Wildlife Service (Service) if a proposed action will have no effect on listed species, or if no species are present in the action area. However, Federal agencies must initiate consultation with the Service if a proposed action may affect one or more listed species. For more information see the Service's national consultation web page.


What is Technical Assistance?

The Service provides review of non-Federal actions that may affect federally listed species or their habitats as technical assistance. Technical assistance helps:


How and Why are the Consultation and Technical Assistance Procedures Changing in New Jersey?

Until recently, the Service's New Jersey Field Office reviewed approximately 1,500 project proposals per year as ESA consultation or technical assistance. Due to decreased staff resources, the Service is seeking to reduce this workload by eliminating individual review of proposed actions that will have no effect on listed species. Service concurrence with a no effect determination is not required under the ESA and will not be provided by the New Jersey Field Office.

In particular, the Service can no longer review proposed actions in New Jersey unless the Federal action agency or non-Federal project proponent has already determined that proposed activities may affect one or more federally listed species. This web site provides information to assist both Federal and non-Federal project proponents in determining which actions may affect listed species, and how to request consultation or technical assistance from the Service. If you have questions about consultation or technical assistance in New Jersey, e-mail njfoconsult@fws.gov.


Do You Need to Consult with the New Jersey Field Office? New

Before requesting ESA Section 7 consultation or technical assistance, please:

  1. Determine if federally listed species are likely to occur in the proposed project area by reviewing the municipality list. If the proposed project is not located in a municipality with extant, historic, or potential occurence of a federally listed species (i.e., extirpated occurences only, or not on the list), no further action is required. The Service recommends retaining documentation of your determination in your project files. You can use this letter to document the New Jersey Field Office's policy of not providing concurrence with a "no effect" determination. (Note that under the ESA, a species list is valid for only 90 days. New occurrences of listed and candidate species and potentially suitable habitat are discovered periodically. Therefore, the NJFO recommends that you visit this web site at regular intervals during project planning and implementation for updates to species lists and information.)

  2. If the proposed project is located in a municipality with extant, historic, or potential occurence of a federally listed species, review the habitat requirements of each species that may occur in that municipality to evaluate whether the project's impact area (i.e., the action area) contains potentially suitable habitat for any federally listed species.

  3. If existing information or field surveys demonstrate that no potentially suitable habitat is located within the project's impact area (i.e., the action area), no further action is required. The Service recommends retaining documentation of your determination in your project files. You can use this letter to document the New Jersey Field Office's policy of not providing concurrence with a "no effect" determination.

  4. If existing information or field surveys demonstrate that potentially suitable habitat is or may be located within the project's impact area (i.e., the action area), submit your assessment and all relevant project information to the NJFO.

Coordinate with the U.S. Fish and Wildlife Service's New Jersey Field Office as early as possible:
If any federally listed species are known or likely to occur within the project's impact area (i.e., the action area), or if you believe that a proposed action may affect a listed species, you should coordinate with the Service's New Jersey Field Office as early as possible when planning your project (see instructions below). Please note, however, that consultation with the Service should be coordinated through the New Jersey Division of Land Use Regulation's permitting process for any project that will require authorization under the State's Freshwater Wetlands Protection Act. New occurrences of listed species and potential habitat are found periodically in New Jersey so be sure to revisit our site often to obtain updated information.

Also see:

  • Frequently asked questions about the State Landscape Project, which includes habitat mapping for federally listed wildlife species.
  • The Service's policy regarding consultation for communication towers and antennas in New Jersey.
  • If you have questions about consultation or technical assistance in New Jersey, e-mail njfoconsult@fws.gov.


    Site-Specific Information Needed for Review

    Before requesting ESA consultation or technical assistance for proposed projects in New Jersey, please review the county/municipality list, species information, and guidelines regarding when consultation or technical assistance is necessary. If you determine that you need to consult with the NJFO, or require technical assistance, you can assist us in expediting your request by providing specific information about the proposed project and site. Due to staffing constraints, submissions lacking necessary project information will be returned.


    Submitting a Request

    Please mail (do not fax or e-mail) the above information along with your request for informal Section 7 consultation or technical assistance to the address listed below. The NJFO understands that all the information requested above 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, especially listed species surveys and environmental evaluations.

    U.S. Fish and Wildlife Service
    New Jersey Field Office
    927 North Main Street, Building D
    Pleasantville, New Jersey 08232
    ATTENTION: ESA Consultation


    Service Response

    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 30 days after all necessary information is received. Receipt of incomplete information may delay our response substantially.

    Please do not contact the NJFO regarding the status of your review if it has been less than 30 days since your submission. If 30 days have passed, you may inquire about the status of your review via electronic mail to njfoconsult@fws.gov. Please do not call or resubmit your project information.

    Our response will have a control number in the upper left corner of the letter; please refer to this number during any subsequent correspondence.


    Referrals to Other Agencies

    Other government agencies have additional information about federally and State-listed species. Click here for other agency contact information.

    Also see these frequently asked questions about the State Landscape Project, which includes habitat mapping for federally listed wildlife species.


    Last updated: July 6, 2009

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    U.S. Fish and Wildlife Service
    New Jersey Field Office
    927 North Main Street
    Heritage Square, Building D
    Pleasantville, New Jersey 08232