HomeMy WebLinkAboutFWS 8.8.2025United States Department of the Interior
FISH AND WILDLIFE SERVICE
New England Ecological Services Field Office
70 Commercial Street, Suite 300
Concord, NH 03301-5094
Phone: (603) 223-2541 Fax: (603) 223-0104
In Reply Refer To:
Project code: 2025-0132517
Project Name: Hayes East Bar Oyster Grant
Federal Nexus: no
Federal Action Agency (if applicable):
08/06/2025 22:57:16 UTC
Subject: Federal agency coordination under the Endangered Species Act, Section 7 for 'Hayes
East Bar Oyster Grant'
Dear Christian Hayes:
This letter records your determination using the Information for Planning and Consultation
(IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on August 06, 2025, for
"Hayes East Bar Oyster Grant" (here forward, Project). This project has been assigned Project
Code 2025-0132517 and all future correspondence should clearly reference this number.
The Service developed the IPaC system and associated species' determination keys in accordance
with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et
seq.) and based on a standing analysis. All information submitted by the Project proponent into
the IPaC must accurately represent the full scope and details of the Project. Failure to accurately
represent or implement the Project as detailed in IPaC or the Northeast Determination Key
(DKey), invalidates this letter. Answers to certain ue dons in the DK commit thepCQigct
pMgonent to implementation gi conservadon Measures that must be Lollowed or e ESA
determination to =ain valid.
To make a no effect determination, the full scope of the proposed project implementation (action)
should not have any effects (either positive or negative effect(s)), to a federally listed species or
designated critical habitat. Effects of the action are all consequences to listed species or critical
habitat that are caused by the proposed action, including the consequences of other activities that
are caused by the proposed action. A consequence is caused by the proposed action if it would
not occur but for the proposed action and it is reasonably certain to occur. Effects of the action
may occur later in time and may include consequences occurring outside the immediate area
involved in the action. (See § 402.17). Under Section 7 of the ESA, if a federal action agency
makes a no effect determination, no further consultation with, or concurrence from, the Service is
required (ESA §7). If a proposed Federal action may affect a listed species or designated critical
habitat, formal consultation is required (except when the Service concurs, in writing, that a
proposed action "is not likely to adversely affect" listed species or designated critical habitat [50
CFR §402.02, 50 CFR§402.13]).
The IPaC results indicated the following species is (are) potentially present in your project area
and, based on your responses to the Service's Northeast DKey, you determined the proposed
Project will have the following effect determinations:
Species Listing Status Determination
Roseate Tern (Sterna dougallff dougailfi) Endangered No effect
Rufa Red Knot (Calfdris canutus rufa) Threatened No effect
Conclusion If there are no updates on listed species, no further consuitation/coordination for this
project is required for the species identified above. However, the Service recommends that
project proponents re-evaluate the Project in IPaC if: 1) the scope, timing, duration, or location
of the Project changes (includes any project changes or amendments); 2) new information reveals
the Project may impact (positively or negatively) federally listed species or designated critical
habitat; or 3) a new species is listed, or critical habitat designated. If any of the above conditions
occurs, additional consultation with the Service should take place before project implements any
changes which are final or commits additional resources.
Other Species and Critical Habitat that May be Present in the Action Area
In addition to the species listed above, the following species and/or critical habitats may also
occur in your project area and are not covered by this conclusion:
■ Monarch Butterfly Danaus plexippus Proposed Threatened
* Northern bong -eared Bat Myotfs septentrionalis Endangered
■ Tricolored Bat Perimyotis subflavus Proposed Endangered
To complete consultation for species that have reached a "May Affect" determination and/or
species may occur in your project area and are not covered by this conclusion, please visit the
"New England Field Office Endangered Species Project Review and Consultation" website for
step-by-step instructions on how to consider effects on these listed species and/or critical
habitats, avoid and minimize potential adverse effects, and prepare and submit a project review
package if necessary: https://www.fws.gov/office/new-england-ecological-services/endangered-
species-project-review
Please Note: If the Action may impact bald or golden eagles, additional coordination with the
Service under the Bald and Golden Eagle Protection Act (BGEPA) (54 Stat. 250, as amended, 16
U.S.C. 668a-d) by the prospective permittee may be required. Please contact the Migratory Birds
Permit Office, (413) 253-8643, or PermitsR5MB@fws.gov, with any questions regarding
potential impacts to Eagles.
t}Key Version Publish -ate• 08/04/2025 Y 2 Of 9