1. ESA Section 7 Consultation Process and NMFS Listed Species in EPA Region 1 NPDES Planning and Coordination Meeting EPA, NMFS, and USFWS April 7, 2008 Julie Crocker and Bill Barnhill – NMFS Protected Resources Division

3. Connecticut River Merrimack River Essex Dam (rkm 46) Holyoke Dam (rkm 140) Turner Falls Dam (rkm 198)

10. Informal Section 7 Consultation Process not likely to adversely affect : when direct or indirect effects of the proposed project or its interdependent and/or interrelated actions on listed species or critical habitat are expected to be discountable , insignificant , or completely beneficial Interdependent - actions having no independent utility apart from the proposed action Interrelated – actions that are part of a larger action and depend on the larger action for justification Discountable – extremely unlikely to occur Insignificant – generally very small in scale; cannot meaningfully be measured, detected or evaluated

12. Formal Section 7 Consultation Process Used to determine whether a proposed agency action is likely to jeopardize the continued existence of a listed species (jeopardy) or result in the destruction or adverse modification of critical habitat Jeopardize the continued existence of - “to engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably both the likelihood of survival and recovery of a listed species by reducing appreciably the reproduction, numbers or distribution of that species” If incidental take is likely, Biological Opinion will include an Incidental Take Statement exempting a certain level of take provided the agency adheres to nondiscretionary Terms and Conditions and Reasonable and Prudent Measures