The *Final Programmatic Biological Opinion on the Federally-Regulated Oil and Gas Program in the Gulf of Mexico* was posted to https://www.fisheries.noaa.gov/national/endangered-species-conservation/biological-opinions under the Bureau of Ocean Energy Management (BOEM) subheading.
● Under Section 7 of the Endangered Species Act (ESA), federal agencies must consult with NOAA Fisheries on activities that may affect ESA-listed species. These inter-agency consultations are designed to help federal agencies in fulfilling their duty to ensure that their actions do not jeopardize the continued existence of a species, or destroy or adversely modify designated critical habitat. ● ESA Section 7 requires NOAA Fisheries’ to issue biological opinions on how federal agencies’ actions affect ESA-listed species and critical habitat. Where appropriate, these biological opinions provide an exemption for the otherwise-prohibited “take” of ESA-listed species, along with reasonable and prudent measures and terms and conditions to minimize impacts from such taking, which the federal action agency must comply with to have the exemption. If NOAA Fisheries determines that an action is likely to jeopardize the continued existence of a listed species, the ESA requires the biological opinion to provide a “Reasonable and Prudent Alternative” that can be taken by the action agency to avoid jeopardy. ● At BOEM’s request, NOAA Fisheries consulted with the Department of the Interior’s Bureau of Ocean Energy Management, the Bureau of Safety and Environmental Enforcement (BSEE), and the U.S. Environmental Protection Agency (USEPA) on their actions associated with the Gulf of Mexico oil and gas program, and with NOAA Fisheries’ Office of Protected Resources’ Permits and Conservation Division on their proposed regulations under the Marine Mammal Protection Act (MMPA) for geophysical surveys in the Gulf of Mexico. ● BOEM, the lead action agency for this consultation, makes decisions about energy development in the waters of the outer continental shelf, and has responsibility for permitting geophysical surveys. Efforts to explore for hydrocarbons using this technique were renewed in 2017 with Presidential Executive Order 13795, Implementing an America First Offshore Energy Strategy, which encourages energy exploration and production that fosters energy security and resilience for Americans, while ensuring those activities are safe and environmentally responsible. BOEM’s proposed action includes the oil and gas program from exploration and construction to production and decommissioning over the next 50 years. -- *Allison Hernandez* Biologist, ESA Interagency Cooperation Division Office of Protected Resources National Marine Fisheries Service 1315 East-West Highway Silver Spring, MD 20910 301-427-8413
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