The NOAA CRCP has the responsibility to ensure all actions it funds and/or carries out adhere to applicable environmental laws and regulations. This can include over two dozen laws and executive orders. The vast majority of our actions are environmental compliance reviews under the National Environmental Policy Act (NEPA), and consultations related to the Endangered Species Act (ESA), the Magnuson-Stevens Fishery Conservation and Management Act (essential fish habitat), and the National Historic Preservation Act (NHPA) / Executive Order 13175. The CRCP has various programmatic documents that expedite this process. See below for a step-by-step guide to learn what is expected of you as a NOAA CRCP funding recipient.

A monk seal swims over a coral reef. The sky with clouds and sea swell is also seen in the photo. NOAA CRCP PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT A school of creole wrasses swimming over a coral reef. NOAA CRCP PROGRAMMATIC BIOLOGICAL AND CONFERENCE OPINION AND ESSENTIAL FISH HABITAT CONSULTATION

Environmental Compliance Review Process

As part of implementing and funding projects, NOAA staff need to conduct an environmental compliance review. This step is required for all projects entirely or partially funded, assisted, regulated, conducted, approved, or permitted by a federal agency.

What is expected of you, the funding recipient?
When NOAA CRCP conducts our environmental compliance review, we ask that you promptly reply to any requests for additional information.

*The estimated timeline below is provided as an example. Consultation timelines are variable and timelines may vary.

Funding timeline infographic

Step 1: Data Collection

NOAA staff will need to know the when, what, where, and how of your project. Many of these details can be found in your application, however, we may reach out to you with additional questions. Environmental compliance is all about the what, so please focus responses on providing detailed methodology, rather than background information on the project.

Common questions include:

Where: the project's Action Area: Provide details of the project location(s), including maps, diagrams, and latitude/longitude coordinates.
When: Include both time of year and duration of the activity. How often will activities occur (e.g., daily, seasonally, only at night)?
What: Methods should be specific and clear. For instance, if research instruments will be deployed on the benthos, NOAA CRCP staff need to know how many will be deployed, what is their benthic footprint, how are they attached to the substrate, duration of deployment, will they be removed for either 1) a severe storm and/or 2) when the project ends, etc. 
Who: How many staff are involved? Are other agencies or partners involved in the project?

Once NOAA staff have all of the information they need, they will begin their environmental compliance review. The applicant or funding recipient is not required to conduct their own reviews - this is the responsibility of the relevant federal agency, not the entity being funded.

Step 2: Reviews

When conducting environmental compliance reviews, NOAA CRCP staff will determine if your activities are in alignment with either the Programmatic Environmental Impact Statement or Programmatic Biological Opinion and Essential Fish Habitat Consultation. These documents are linked above, for your reference. If your project activities:

  • align with activity descriptions,
  • have anticipated effects within the scope of the PEIS effects analysis, and
  • implement all needed best management practices, terms and conditions, and conservation recommendations (collectively referred to as BMPs), in these programmatic documents, then

NOAA CRCP staff can more quickly complete the NEPA and NMFS ESA/EFH reviews, via the process outlined in Step 2A. If not, additional consultations may be required (see 2B). NOAA staff may also need to conduct additional consultations related to other statutory authorities.

Step 2A: NOAA CRCP has programmatic environmental compliance documents that help expedite our review process. These include a programmatic environment impact statement (PEIS; for NEPA) and programmatic biological conference opinion (PBiOp; for ESA and EFH) with the National Marine Fisheries Service. These documents are linked above, for your reference. If your project activities are aligned with activity descriptions and you agree to implement all needed best management practices, terms and conditions, and conservation recommendations (collectively referred to as BMPs), in these programmatic documents, then NOAA CRCP can complete the environmental compliance review internally. If not, additional consultations with other agencies may be required.

Step 2B: If there are activities that are not in alignment with the programmatic documents, NOAA CRCP staff will complete additional NEPA reviews and/or reach out to the relevant federal and state agencies to complete consultation, as follows:

  • Endangered Species Act (NOAA): NOAA Fisheries is responsible for the protection, conservation, and recovery of most of the marine species, such as whales, seals, sharks, in-water sea turtles, and corals. NOAA CRCP will compile documentation outlining the project methods, relevant BMPs, and assess the potential effects on listed species in the action area for NMFS' consideration. This process can take up to 60 days.
  • Endangered Species Act (USFWS): The U.S. Fish and Wildlife Service is responsible for the protection, conservation, and recovery of terrestrial and freshwater species, as well as sea birds, sea otters, nesting sea turtles, manatees, and polar bears. NOAA CRCP will compile documentation outlining the project methods, relevant BMPs, and assess potential effects on listed species in the project's action area for USFWS' consideration. This process can take up to 60 days.
  • Essential Fish Habitat (NOAA): NOAA Fisheries consults on potential effects to essential fish habitat (i.e., aquatic habitats where fish spawn, breed, feed, or grow to maturity). NOAA CRCP will compile documentation outlining the project methods, relevant BMPs, and assess any potential effects on essential fish habitat for NOAA Fisheries' consideration. This process can take up to 30 days.
  • National Historic Preservation Act: NOAA CRCP will consult with State or territorial historic preservation offices on any project or activity that may affect known historic sites or that includes ground disturbance. In Hawai'i, Native Hawaiian Organizations may be contacted.