The Section 6 Program of the Federal Endangered Species Act: Overview and

Update

New York Marine Endangered Species Workshop

Port Jefferson, NY

October 17-18, 2006

“The Secretary shall cooperate to the maximum extent practicable with the

States.”

• Section 6(c) Cooperative Agreements with States

• Section 6(d) Financial Assistance for Cooperative Agreements

• Section 6(f) Regulations promulgated by States

Under the Federal Endangered Species Act:

Current Cooperative Agreements

South Carolina, 1984

Georgia, 1990

New York, 1992

Massachusetts, 1996

Maryland, 1998

North Carolina, 2000

Florida, 2003

Puerto Rico, 2003

U.S. Virgin Islands, 2003

New Jersey, 2004

Maine, 2005

Hawaii, 2006

Pending Agreements

Delaware California Idaho Virginia

Agreements: Annual Renewal

“the Secretary must find and annually thereafter reconfirm such finding…” 15 U.S.C. 1535

“The Cooperative Agreement, as well as the Assistant Administrator's finding upon which it is based, must be reconfirmed annually to ensure

that it reflects new laws, species lists, rules or regulations, and programs and to demonstrate that it is still adequate and active.” 50 CFR 222.103

• NMFS sends reminder letter by June 15th

• State submits information update by June 30th

• AA sends notification in writing by October 1st

Financial Assistance: The Section 6 Grant Program

“…to assist in development of programs for the conservation of endangered and threatened species or to assist in monitoring the status of candidate…and recovered species…” 15 U.S.C. 1535

Section 6 Grant Program History

FY03: 20 proposals received, 16 funded, $900K awarded

FY04: 17 full proposals received, 14 funded, $720K awarded ($380K for new projects)

FY05: 18 proposals received, 11 funded, $755K awarded

FY06: 18 proposals received, 13 funded, $718K awarded

FY07: 18 proposals received, reviews pending

Protected Species Cooperative Conservation Grant Program

FUNDS SUPPORT:

listed species, candidate species, and recently de-listed species

EXAMPLE ACTIVITIES:

Habitat restoration, species status surveys, health assessments, genetic studies, public education/ outreach, development of management plans

Can also support HCP planning (document preparation, outreach, baseline surveys, inventories)

FUNDS CANNOT SUPPORT:

Projects that serve to satisfy regulatory requirements, including compliance with a sec7 Biological Opinion or fulfillment of commitments of a sec10 HCP

Financial Assistance: The Section 6 Grant Program

Changes made in 2005:

• NOAA began administering grant program (formerly NFWF)

• Allow overhead costs up to 25%

• Project periods of up to 3 years

• Protected Species Cooperative Conservation Grants

Statutory match requirements:

• 25%, one state

• 10%, two or more states

Recently Funded Projects in NY

“Aerial Surveys of Cetaceans in the New York Bight” ($226,000)

Multiple aerial surveys were conducted in contract with RFMRP between January and April of 2005 to document marine mammal presence in New York State and surrounding waters.

A Marine Endangered Species Coordinator position was established in 2006 to develop a New York State Marine Endangered Species Management Program and Plan, and to implement priority conservation actions.

“Marine Endangered Species Coordination” ($60,000)

Section 6 in relationship to State laws

section 6(f):

Any state law or regulation respecting take

of listed species may be MORE restrictive

than the ESA or its implementing

regulations…but not less restrictive…

Section 6 in Relationship to the MMPA

• MMPA laws are preemptive, unless a

section 6(c) agreement

- e.g. Florida and manatees

Right Whale Research Program and Atlantic Coast States Cooperative Planning for Right Whale Recovery

• Seek to fund activities directed at reducing death and serious injury to right whales and implementation of recovery plan tasks

Proactive Species Conservation Program - NEW

• Seeks to fund proactive conservation efforts for “Species of Concern” • Eligible applicants are state, tribal or local governments that have

management or regulatory authority• Competitive grant process• $490,000 awarded in FY06 • SOC list can be found on our webiste: http://www.nmfs.noaa.gov

/pr/species/concern/#list

Other Funding Sources

• Projects begins October 1, 2006

• ‘Year 1’ budget of $72K

• Partnering with U. of Southern MS and the Nature Conservancy

• Major objectives: evaluate current status, use TNC’s CAP process to develop conservation plan, seek approval of plan, and identify and prioritize habitat for protection or restoration

Fundulus jenkinsi

SOC Grant Program: Funded ProjectSaltmarsh topminnow: Conservation Planning and Implementation

SOC Grant Program: FY07

• President’s Budget request: $1.8 M

• $650K will fund ‘year 2’ of existing grants

• RFP to publish in the December 2006 omnibus Federal Register notice

http://www.nmfs.noaa.gov/pr/species/concern/grant.htm

Changing definition of “Candidate” species

• will now include species for which NMFS has announced initiation of a status review

• this change will add species to the list of those eligible for funding under section 6 grant program (e.g. Atlantic sturgeon, Atlantic salmon, black abalone)

Recent Developments

Adding species to Species of Concern List

Recent Developments

• porbeagle Shark (Lamna nasus)

Sharks and Rays; Tricas et al.

• blueback herring (Alosa aestivalis)

• alewife (Alosa pseudoharengus)

For information on the NMFS section 6 program visit:

http://www.nmfs.noaa.gov/pr/conservation/section6.htm