North Florida Ecological Services Office
Southeast Region

UPDATED: June 22,2018

USFWS Section 7 Consultation for Federal Emergency Management Agency (FEMA) Conditional Letter of Map Revision (CLOMR) and CLOMR_F Letters of Request

In May 2016, FEMA released a guidance document to inform Conditional Letter of Map Change (CLOMC) applicants of their role, responsibilities and documentation requirements to comply with the Endangered Species Act (ESA) requirements of Standard 215.

Documentation that the project is compliant with the ESA may be in the form of a written and signed statement confirming that applicant(s) determined that there are no endangered or threatened species present in the area or that the type of action does not have any potential to cause adverse impacts that would result in a take.

The applicant is responsible for providing FEMA a written, signed justification that the project will not result in take. The determination is not required to come from, or be concurred by, the Services.

ESA Compliance Documentation for Non-Federal Projects

For FEMA ESA Compliance applicants must document one of the following:

  • No potential for “Take” exists (meaning that the project has no potential to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct) to threatened and endangered species. The applicant will be responsible for the potential for take determination, and the determination is not required to come from, or be concurred by, the Services; or
  • If the applicant determines a Take will or has a potential to occur, they can consider contacting the Services to discuss potential project revisions to eliminate the “Take;” or
  • If neither 1 nor 2 are possible and the project has the potential to “Take” listed species, an Incidental Take Permit may be submitted showing that the project is the subject, or is covered by the subject, of the permit.

ESA Compliance Documentation for Projects with Federal Actions

If a Federal entity is involved in a project requiring a CLOMR or CLOMR-F, then the applicant may use that Agency’s Section 7 consultation to demonstrate ESA compliance to FEMA.

The ESA documentation may include:

  • A “No Effect” determination made by the Federal Agency;
  • A “Not Likely to Adversely Affect” determination with concurrence from the Services;
  • A Biological Opinion with a “no jeopardy” determination, or with accepted Reasonable and Prudent Alternatives; or
  • A copy of a federally issued permit with justification stating the permit covers the proposed development seeking a CLMOR or CLOM-F.

Checklist Aid for Applicants

The NFESO staff developed a checklist to assist applicants in documenting compliance with ESA when no potential for “Take” exists or, if a Federal entity is involved in the project, the applicant is using that Agencies’ Section 7 consultation to demonstrate ESA compliance.

Applicants may attach this checklist to the supporting species report, biological assessment, or federal ESA compliance documentation. Selecting the appropriate checkbox certifies compliance with ESA for CLOMC, CLOMR, or CLOMR-F applications and requires no further consultation with the Service.

As of July 2018, the North Florida Ecological Services Office (NFESO) will no longer provide signed stickers, letters, or individual project reviews for FEMA's CLOMC, CLOMR, or CLOMR-F that meet one of the listed criteria. The checklist incorporates the Service’s ESA regulations and FEMA Guidance for Flood Risk Analysis and Mapping Documentation of Endangered Species Act Compliance for Conditional Letters of Map Change, May 2016 (PDF available here arrow icon for exiting site and new window).

If you have any questions, please contact us by email at jaxregs @ fws.gov. Our agency appreciates your cooperation in the protection of Federally-listed species in Florida.

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Last updated: June 22, 2018