Interagency Hydropower Licensing Workshop

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Interagency Hydropower Licensing Workshop
U.S. Fish and Wildlife Service Role in Hydropower
Licensing
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U.S. Fish and Wildlife Service Role in
Hydropower Licensing
TODAYS PRESENTATION

• Who We Are
• Mission
• Organization
• Authorities
• Resource Issues

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U.S. Fish and Wildlife Service Department of the
Interior
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(No Transcript)
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United States Fish and Wildlife Service Mission
Statement
The mission of the U.S. Fish and Wildlife
Service is, working with others, to conserve,
protect, and enhance fish wildlife, plants and
their habitats for the continuing benefit of the
American people.
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Hydropower LicensingU.S. Fish and Wildlife
ServiceStatutory Authorities

• Fish and Wildlife Coordination Act
• Endangered Species Act
• National Environmental Policy Act
• Federal Power Act

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Hydropower LicensingU.S. Fish and Wildlife
ServiceStatutory Authorities

• Fish and Wildlife Coordination Act
• Consultation with FWS and State
• Prevent Loss of and Damage to Fish and Wildlife
• Equal Consideration

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Hydropower LicensingU.S. Fish and Wildlife
ServiceStatutory Authorities

• Endangered Species Act
• Conservation of Ecosystems Through Federal Action
  and Programs
• Section 7 Consultation

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Hydropower LicensingU.S. Fish and Wildlife
ServiceStatutory Authorities

• National Environmental Policy Act
• Federal Agencies must document the effects of
  their Actions
• FWS Authorized to provide comments on potential
  impacts within its jurisdiction by law or special
  expertise

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Hydropower LicensingU.S. Fish and Wildlife
ServiceStatutory Authorities

• Federal Power Act
• Section 4(e)
• Section 10(a)
• Section 10(j)
• Section 18
• Section 30(c)

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Hydropower LicensingU.S. Fish and Wildlife
ServiceStatutory AuthoritiesFederal Power Act -
Section 4(e)

• Mandatory Conditions for Federal Lands
• National Wildlife Refuges
• Waterfowl Production Areas
• National Fish Hatcheries

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Hydropower LicensingU.S. Fish and Wildlife
ServiceStatutory AuthoritiesFederal Power Act -
Section 10(a)

• FERC must consider fish and wildlife
  recommendations of resource agencies and Indian
  Tribes to ensure projects are best adapted to
  the comprehensive development of the waterway

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Hydropower LicensingU.S. Fish and Wildlife
ServiceStatutory AuthoritiesFederal Power Act -
Section 10(j)

• Fish and wildlife recommendations must be
  included in license unless inconsistent with
  other Federal law
• Recommendations must provide for protection,
  mitigation, or enhancement
• Dispute Resolution Consistency Finding

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Hydropower LicensingU.S. Fish and Wildlife
ServiceStatutory AuthoritiesFederal Power Act -
Section 18

• Mandatory Prescription of Fishways
• The Commission shall require the construction,
  maintenance, and operation by a licensee at its
  own expense of such fishways as may be prescribed
  by the Secretary of the Interior or the Secretary
  of Commerce.

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Hydropower LicensingU.S. Fish and Wildlife
ServiceStatutory AuthoritiesFederal Power Act -
Section 30(c)

• Mandatory fish and wildlife conditions for
  projects exempted from licensing
• Prevent loss of or damage to fish and wildlife
• FWS, NMFS, State

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Hydropower LicensingU.S. Fish and Wildlife
ServiceMitigation Policy

• Mitigate losses of fish and wildlife
• Seek mitigation based on the value and abundance
  of the habitat affected
• Adopts CEQs definition of mitigation
• Goal No net loss of in-kind habitat value

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U.S. Fish and Wildlife Service Regional Office
Organization
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Hydropower LicensingU.S. Fish and Wildlife
ServiceField OfficeResponsibilities

• Primary Contact for Public, Applicants, and Other
  Agencies
• Work Directly with Applicant/Consultant
• Inter- and Intra-agency Coordination

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Hydropower LicensingU.S. Fish and Wildlife
ServiceField OfficeResponsibilities

• Environmental Review and Impact Assessment
• Develop Comments, Recommendations, Terms and
  Conditions, Prescriptions
• Prepare Correspondence to Applicant and FERC

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Hydropower LicensingU.S. Fish and Wildlife
ServiceResource Issues

• Fish Passage
• Instream Flows
• Entrainment and Impingement
• Turbine Mortality
• Water Quality

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Hydropower LicensingU.S. Fish and Wildlife
ServiceResource Issues

• Reservoir and Downstream Water Level fluctuations
• Threatened and Endangered Species
• Wildlife Habitat
• Fish and Wildlife Recreation

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Hydropower LicensingU.S. Fish and Wildlife
ServiceThe Bottom Line

• Serve the Public Interest
• Conserve, Protect, and Enhance Fish and Wildlife
• Solve Problems
• Shared Vision for the Future

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Vision for the Future
The Nation behaves well if it treats its natural
resources as assets which it must turn over to
the next generation increased, and not impaired
in value. - Theodore Roosevelt -
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Fish Wildlife Laws, Regs, Policies WebSite
Information
LAWS www.fws.gov/laws/digest/reslaws/laws.html MI
TIGATION POLICY www.fws.gov/r9dhcbfa/hpmpol.html
WEBSITE www.fws.gov
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SOURCES

• For more information on the U.S. fish and
  Wildlife Services role in Hydropower Licensing
  you are invited to contact the nearest Regional
  Office listed.

Region 1 - Pacific Region CA, ID, HI, 911 N.E.
11th Avenue NV, OR, WA Portland, OR
97232-4181 and Pacific 503/231-2068 Islands Reg
ion 2 - Southwest Region AZ, NM, OK P.O. Box
1306 TX 500 Gold Avenue Albuquerque, NM
87103 Region 3 - Big Rivers Region IL, IN, IA,
MI Whipple building MN, MO, OH, No. 1 Federal
drive WI Fort Snelling, NM 55111-4056