Stormwater Discharges from Industrial Activities-Threatened and Endangered Species

On this page:

Eligibility procedures related to endangered species act listed species and critical habit protection, including links to National Marine Fisheries Service and Fish and Wildlife Service resources
What to do if endangered or threatened species appear to be harmed
Contact Information
Legal Background

Eligibility Procedures Related to Endangered Species Act Listed Species and Critical Habitat Protection

In accordance with Part 1.1.4 of the 2021 MSGP, those seeking coverage under the 2021 MSGP must follow the procedures in the 2021 MSGP Appendix E to determine which of the eligibility criteria (i.e., criterion A -E) they qualify under, if any, with respect to the protection of threatened or endangered species listed, and “critical habitat” designated, under the federal Endangered Species Act (ESA). If they do not meet one of these criteria, they are not eligible for coverage under this permit.

The procedures in Appendix E will help assess the potential effects of applicable stormwater discharges, discharge-related activities, and authorized non-stormwater discharges on federally listed threatened and endangered species and their designated critical habitat.

Resources for Identifying Endangered Species Act Listed Species and Critical Habitat

National Marine Fisheries Service (NMFS) Species and Critical Habitat Information on Listed Species

Northeastern U.S.: NOAA Fisheries Greater Atlantic Region ESA Section 7 Mapper
Southeastern U.S. and Puerto Rico: ESA Section 7 Mapper Southeast Region
Western U.S.: West Coast Region Protected Resources App
Pacific Islands: Contact the Pacific Islands Regional Office (pirohonolulu@noaa.gov) or (808) 725-5000

U.S. Fish and Wildlife Service (FWS) Species Information

Use the on-line mapping tool IPaC (Information, Planning, and Consultation System) and follow these steps:

Select ‘OK’ to get started.
In the upper left of the screen, type in the project location (i.e. 1234 Broad St…). The address is a ‘smart’ tool and will display several options after you begin to type. Select the correct address or finish typing. OR you may select the project area by zooming to the area by double-clicking and dragging the map
Use one of the mapping features (e.g., sketch, polygon or line feature) to draw your action area and finish by double-clicking on the first location drawn in the project area. (see above for graphic representation of action area). Be sure to include the following, if they apply, to the action area map.
1. The areas where stormwater discharges originate and flow from the industrial facility to the point of discharge into receiving waters. (Example: Where stormwater flows into a ditch, swale, or gully that leads to receiving waters and where listed species (such as listed amphibians) are found in the ditch, swale, or gully.)
2. The areas where stormwater from industrial activities discharge into receiving waters and the areas in the immediate vicinity of the point of discharge. (Example: Where stormwater from industrial activities discharges into a stream segment that is known to harbor listed aquatic species.)
3. The areas where stormwater controls will be constructed and operated, including any areas where stormwater flows to and from the stormwater controls. (Example: Where a stormwater retention pond would be built.)
4. The areas upstream and/or downstream from the stormwater discharge into a stream segment that may be affected by these discharges. (Example: Where sediment discharged to a receiving stream settles downstream and impacts a breeding area of a listed aquatic species.).
5. When you are finished, select ‘Finished Drawing’ and then press continue (if the action area is correct).
Select Print Resources List and print the listed resources and upload the list to your eNOI.

Note: If, after following NMFS and FWS guidance, the only listed species potentially present is the northern long-eared bat (Myotis septentrionalis), and your facility will not be conducting discharge-related activities under your 2021 MSGP coverage, you are eligible for MSGP coverage under Criterion C1 (if previously covered under the 2015 MSGP) or C3 if a new discharger under the 2021 MSGP.

What to Do If Endangered or Threatened Species Appear to Be Harmed

If any dead, injured, or sick, specimen, nest, and/or egg(s) of endangered or threatened species appears to have been harmed by MSGP-authorized discharges into Waters of the United States, notify the following within 3 days:

U.S. EPA at msgpesa@epa.gov
National Marine Fisheries Service, Office of Protected Resources at (301) 427-8400
U.S. Fish and Wildlife Service Headquarters Office, Ecological Services at (703) 358-2171

Include the date, time, and precise location of the injured animal, carcass, nest, and/or egg and any other pertinent information in your notification. Leave the plant or animal or animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved and, if possible, take photographs. Operators may be asked to carry out instructions provided by NMFS to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved. Care should be taken in handling sick or injured specimens to preserve biological materials in the best possible state for later analysis of cause of death, if that occurs.

Notice: Under section 9(a)(1)(B) of the Endangered Species Act, with respect to any endangered species of fish or wildlife listed pursuant to Section 4 of this act, it is unlawful for any person subject to the jurisdiction of the United States to take any such species within the United States or the territorial sea of the United States. To ensure consistency with the conditional take exemption associated with the MSGP, MSGP authorized dischargers shall notify the nearest National Marine Fisheries Service (NMFS) Regional Office within three days upon finding any dead, injured, or sick, specimen, nest, and/or egg(s) of endangered or threatened species under NMFS jurisdiction that appears to have been harmed by MSGP authorized discharges into Waters of the United States. In addition, notify the National Marine Fisheries Service, Office of Protected Resources at (301) 427-8400 and U.S. EPA at msgpesa@epa.gov

Contact Information

EPA: For questions about the 2021 MSGP requirements in Part 1.1.4.5 and Appendix E, email msgpesa@epa.gov or contact the appropriate EPA regional permitting authority

U.S. Fish and Wildlife Service: FWS Regional Contact List

National Marine Fisheries Service:

Legal Background

EPA revised the requirements for threatened and endangered species and critical habitat protection eligibility under the 2021 MSGP as a result of its consultation with FWS and NMFS under section 7 of the ESA.