Authorizations and Permits for Scientific Research and Monitoring

Gary Rule

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Outline

The Northwest Regional Office

Protected Species

Types of permits and authorizations

Research Authorization process

New Website

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Northwest Region

Protected Resources DivisionRegional policy direction and guidance

Habitat Conservation DivisionHabitat related consultations and permits

Hydropower DivisionSalmon passage and survival issues at dams and diversions

Salmon Recovery DivisionRecovery planning, hatcheries, and inland harvest

Sustainable Fisheries DivisionFisheries management off the West Coast

Northwest Fisheries Science CenterEnforcement

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Lacey

Boise

Salmon

Seattle

Roseburg

PortlandLa Grande

Ellensburg

Grangeville

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Protected Resources Division

Species listing determinations

Protective regulations (4(d) rules or take prohibitions)

Critical habitat designations

Marine mammal consultations

Technical support and policy guidance ESA and MMPA

Scientific research authorizations

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The Permits Team

Rob Clapp• Section 10 permits in Interior Columbia &

Snake Basin• Quality Assurance and Coordination

Gary Rule• Section 10 permits in Oregon Coast, Lower

Columbia & Willamette• 4(d) rule research limit

Jennifer Johnson• Section 10 permits in Puget Sound

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ESA Status of West Coastal Marine and Anadromous Fish

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Types of Permits and Authorizations

ESA Section 10(a)(1)(A) Permits• Scientific Research and Monitoring• Enhancement of Propagation

ESA Section 10(a)(1)(B) Permits• Incidental Take Permit (Habitat Conservation Plans)

ESA Section 4(d)• Rules prohibiting take of listed species• Take is prohibited except in cases where the take is associated with an approved

program• Programs are described in the 13 limits on the application of the take prohibitions• Limit 7 – scientific research activities conducted by the states

ESA Section 7 Consultation• Biological opinion

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Research/Monitoring Permits

Section 10(a)(1)(A) Permits• Scientific research or monitoring that involves intentional take of threatened

or endangered species.• Anyone can apply for a Section 10 permit.• Applications can be submitted year-round. But the review process typically

takes 6-9 months.• Can be valid for up to 5 years, and annual reports are required by January

31st.• Required for any project involving boat electrofishing or take of endangered

species.

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Research/Monitoring Permits (continued)

Section 4(d) Research Authorizations• Limit No. 7 in the 4(d) rule allows NOAA Fisheries to approve “research

programs” that adequately conserve listed species and are carried out by state fishery agencies.

• Project applications must be approved and submitted by the states.• Applicants must apply/renew annually during application window (2009

Application Window: September 15 to October 17, 2008).• Section 4(d) authorizations apply to researching/monitoring of threatened

species only. • Boat electrofishing cannot be approved under 4(d).• Can not be used to authorize rescue or salvage of listed salmonids

Research/monitoring can be included as part of a consultation (biological opinion)

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Section 10 Permit Process

Once we determine the application is complete, it is subject to a 30-day public comment period.Application is also sent to our Science Center and other scientific and technical experts.The applicant must respond to all comments.NOAA Fisheries must conduct an ESA Section 7 consultation on theproposed activity.In the resulting biological opinion we must find that the research is not likely to jeopardize the continued existence of any ESA-listed species.After receiving responses from the applicant to the public comments and completing the biological opinion we will decide whether or not to issue the permit.Researchers receive the permit through email and sign and return a copy of the permit.

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4d Research Authorization Process

On an annual basis state fishery agencies must submit a research program for approval.State fisheries agencies screen research applications and then work with NOAA Fisheries to ensure research does not over utilize the resource.Research projects included in the state’s submittal must promote the conservation of the species, enhance the species’ survival, or add significantly to the knowledge of the listed species.Research projects must also demonstrate an effort to minimize impacts on listed species.NOAA Fisheries must conduct an ESA Section 7 consultation on theproposed research programs.In the resulting biological opinion we must find that the research programs are not likely to jeopardize the continued existence of any ESA-listed species.

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Research Authorization Process

Is the proposed action a bona fide research project?Is the project original and is it necessary?

• Contributes to the conservation of the species• Enhances the species’ survival, or• Adds significantly to the knowledge of the listed species

Does the project include adequate minimization measures?

Compile nonlethal and lethal take at subbasin/population scale• Percent mortality 2% or less for most research techniques.• Compile a baseline of authorized take (Habitat, Hatcheries, Harvest, Hydro, and

Research).• Compare total lethal take to the NWFSC’s Outmigration Estimates Memo.• The research will not operate to the disadvantage of any listed species.• More to the point does the research provide a benefit to the species.

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Outline

The Northwest Regional Office

Protected Species

Types of permits and authorizations

Research Authorization process

New Website

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Authorizations and Permits for Protected Species (APPS) Website

National Permits Website.NWR Section 10 and 4d research applications.You may also apply for a modification or renew an existing permit.Applications are available to the public as well as researchers.Search the APPS database for existing permits and authorization.Researchers will use APPS to submit reports.

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Authorizations and Permits for Protected Species (APPS) Website

As an applicant, you create your own login and password.You can edit your account details from the log in screen.Each researcher/project contact has a separate account.Portfolio displays all your current, draft, and expired permits.

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First step: Renew existing application or use the Pre-Application Guide (PAG) to start a new application.Walks you through three pages of questions.Concludes with a results screen that:

Tells you what type(s) of permit(s) you need.Provides contact information and links to websites for more information and/or applications.Depending on the type of permit, allows you to begin an online application.

Application Process

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Filling Out A Research Application

Application instructions are available online to assist you in completing the questions.Read Chapter 3 of the Online Application Instructions.APPS takes you through a series of screens with questions relevant to the type of application. You can edit your application as often as you wish until you decide to submit.

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Filling Out A Research Application

Applicant InformationProject InformationProject DescriptionSupplemental InformationDistrict Biologist CommentsFederal InformationLocations and Take InformationProject ContactsAttachmentsNational Environmental Policy Act (NEPA) ConsiderationsStatus

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Once a Permit has been Issued

Applicants will receive automatic email reminders when their reports are due and when it is time to submit a new application.Annual and final reports will be entered via APPS. Applicants will be able to request modifications for 4d authorizations.Aplicants can access their take table, their personnel list, and view key dates for their permit.

Questions