Section 7: No Effect Determinations in the Greater Atlantic Region

Considerations for action agencies when making a no effect determination.

New England/Mid-Atlantic

In order for an action agency to determine if any activities will have “no effect” on listed species and critical habitat in the action area, you must be able to make the determination for ALL species and critical habitat (CH) in the action area. If you determine that the action has no effect, there is no further Section 7 consultation with NOAA Fisheries. You should document the “no effect” determination for your files in order to explain why you are not consulting with NOAA Fisheries under ESA Section 7. Be sure to indicate which STRESSORS are relevant to the action under consideration. It is not necessary to notify NOAA Fisheries or seek our concurrence with your no effect determination as we are not obligated to review it, concur with it, or otherwise provide comments on it. We focus our limited resources on actions that do require Section 7 consultation. This outline provides general guidance. Each action agency is responsible for ensuring that it has considered all relevant factors and circumstances, as well as the best available scientific and commercial data.

Stressors on Listed Species

Stressor	It is appropriate to make a No Effect determination if:
Sound	Any of the following apply: Species NOT present where effects are likely to occur Sound intensity (dB) is < ambient noise Frequency (hertz[Hz]) outside hearing range of all listed species in action area
Habitat Structure & Disturbance	Either of the following apply: Species NOT present where effects are likely to occur No permanent or temporary impacts or changes in water depth AND no permanent or temporary impacts or changes in substrate characteristics
Dredging	Species are not present where effects are likely to occur
Water Quality	Any of the following apply: Species NOT present where effects are likely to occur No exposure to pollutants No permanent or temporary impacts or changes in water quality (temporary or permanent) including water current (speed/direction) and temperature
Prey Quantity/Quality	Any of the following apply: Species do NOT occur in area where prey is likely to be affected Not an area used for foraging No permanent or temporary impacts or changes in the abundance, availability, accessibility, or quality of prey and no loss of SAV or shellfish beds
Vessels	Either of the following apply: Species NOT present in area where vessels are transiting No permanent or temporary impacts or changes in vessel traffic (volume, speed, travel route, etc.)
In-water Structures including Aquaculture	Appropriate determination if listed species are NOT present in area affected by the gear

Critical Habitat for Atlantic Salmon

If the action area is within Atlantic salmon CH (see 50 CFR Sec. 226.217), review Atlantic salmon CH matrix to determine which essential features are present in the action area. Then, determine if any of the activities will have “no effect” on CH. Indicate which stressors are relevant to the action under consideration.

Stressor	It is appropriate to make a No Effect determination if:
Sound	Either of the following apply: No Essential Features present in area affected by sound Sound generated by activity has no effect on fish passage because either the sound intensity (dB) is < ambient noise or frequency (hertz[Hz]) outside hearing range (source is > 1000 Hz)
Habitat Structure & Disturbance	Either of the following apply: No Essential Features present in action area Activity results in no permanent or temporary impacts or changes in substrate characteristics, depth, velocity, and no change in the availability of cover or ability of a fish to pass through the action area
Dredging	No Essential Features present in action area
Water Quality	Any of the following apply: No Essential Features present in area where water quality will be affected No permanent or temporary impacts or changes in temperature, DO, or pH
In-water Structures including Aquaculture	No Essential Features present in action area
Prey Quantity/Quality	Any of the following apply: No Essential Features present Not an area used for foraging No permanent or temporary impacts or changes in the abundance, availability, accessibility or quality of prey
Native Fish Composition	No permanent or temporary impacts or changes in native fish community (i.e., no change in the abundance of native fish community, the accessibility of the habitat in the action area to them, or the ability of that habitat to support them)

Critical Habitat for Atlantic Sturgeon

If the action area is within Atlantic sturgeon CH (see 50 CFR 226), review Atlantic sturgeon CH Physical and Biological Features (PBFs) to determine which essential features are present in the action area. Then, determine if any of the activities will have “no effect” on CH. Indicate which stressors are relevant to the action under consideration.

Stressor	It is appropriate to make a No Effect determination if:
Sound	Either of the following apply: No Physical and Biological Features present in area affected by sound Sound generated by activity has no effect on fish passage because either the sound intensity (dB) is < ambient noise or frequency (hertz[Hz]) outside hearing range (source is > 1000 Hz)
Habitat Structure & Disturbance	Either of the following apply: No Physical and Biological Features present in action area Activity results in no permanent or temporary impacts or changes in substrate characteristics, depth, velocity, and no permanent or temporary impacts or changes in the availability of cover or ability of a fish to pass through the action area
Dredging	Either of the following apply: No Physical and Biological Features present in action area Dredging will not change the bottom substrate
Water Quality	Any of the following apply: No Physical and Biological Features present in area where water quality will be affected No permanent or temporary impacts or changes in temperature, DO, salinity, or pH
In-water Structures including Aquaculture	No Physical and Biological Features present in action area
Prey Quantity/Quality	Any of the following apply: No Physical and Biological Features present Not an area used for foraging No permanent or temporary impacts or changes in the abundance, availability, accessibility or quality of prey

Critical Habitat for North Atlantic Right Whales

If the action area is within North Atlantic Right Whale Critical Habitat (RW CH) (see 81 FR 4838, January 27, 2016), determine if any aspects of the action have “no effect” on the physical or biological features of CH. The activity is only eligible for the LOC program if the action area does not overlap at all with right whale CH or, if there is overlap, you have not identified any routes of effects/stressors that may adversely affect the physical or biological features of RW CH (i.e., you can make a “no effect” determination for RW CH).

Stressor	It is appropriate to make a No Effect determination if:
Size and Density of Adult Copepod Patches	All of the following apply: No direct or indirect removal of copepods No increase in temperature in action area above 21°C Proposed activity has no direct or indirect effect on the abundance, distribution, quality, and availability of copepod patches
Physical and Oceanographic Features that Aggregate Copepods	The activity under consideration will have no effect on currents and circulation patterns, bathymetric features (basins, banks, and channels), oceanic fronts, density gradients, and temperature regimes in any part of the designation within the Gulf of Maine

Stressor

It is appropriate to make a No Effect determination if:

Size and Density of Adult Copepod Patches

All of the following apply:

No direct or indirect removal of copepods
No increase in temperature in action area above 21°C
Proposed activity has no direct or indirect effect on the abundance, distribution, quality, and availability of copepod patches

Physical and Oceanographic Features that Aggregate Copepods

The activity under consideration will have no effect on currents and circulation patterns, bathymetric features (basins, banks, and channels), oceanic fronts, density gradients, and temperature regimes in any part of the designation within the Gulf of Maine

Return to the GARFO Section 7 Homepage

Last updated by Greater Atlantic Regional Fisheries Office on 10/11/2022

Section 7 Consultation Endangered Species Act

Section 7: No Effect Determinations in the Greater Atlantic Region

Table of Contents

Stressors on Listed Species

Critical Habitat for Atlantic Salmon

Critical Habitat for Atlantic Sturgeon

Critical Habitat for North Atlantic Right Whales