UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmoapharlc Administration NATIONA L M A R IN E F IS H ER IES SERVICE Si lv e r S prin g, MO 2081 0

Deborah G. Nagle Director, EPA Office of Wastewater Management Water Permits Division Dear Ms. Nagle: Enclosed is NOAA Fisheries' Biological and Conference Opinion on EPA's issuance and implementation ofthe proposed Vessel General Pelmit and Small Vessel General Pelmit (the VGPs) , which will authorize discharges incidental to the nOimal operation ofvessels into waters of the United States from 2013 through 2018. Our Opinion was prepared pursuant to section 7(a)(2) ofthe Endangered Species Act of 1973 , as amended (16 USC 1531 

### et seq.)
. In our Opinion, we conclude that EPA's issuance and implementation ofthe VGPs are not likely to jeopardize any listed or proposed species under NMFS' jurisdiction. We also conclude that EPA's issuance and implementation ofthe VGPs are not likely to destroy or adversely modify designated critical habitat under NMFS'jurisdiction. We based our conclusion on EPA's pelmit requirements, monitoring ofvessel-related pollutants and aquatic nuisance species, willingness to take additional actions ifnecessary to protect listed resources, and ability to either modify their pelmits or request reinitiation of section 7 consultation ifnecessary . This feedback mechanism provides continual monitoring ofpotential exposure of listed resources to potentially harmful stressors. If metrics indicate the possibility of exposure to potentially haImfullevels ofANS and pollutants, EPA can implement measures to reduce these threats before individuals are exposed
. This iterative process first minimizes the likelihood ofexposure; ifthere is exposure, it minimizes the number ofexposed individuals exposed; and if individuals are exposed, it minimizes the likelihood that an entire population or species will be affected. In this manner, EPA has insured that their action is not likely to jeopardize the continued existence of any listed species and is not likely to adversely modify or destroy designated critical habitat.



# *

Printed on Recycled PaperUNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration N A TIO N AL MAR INE FISH E R IES SERV ICE Si lv er Spring. MO 20 910

This concludes formal consultation on this action
. Consultation on this issue must be reinitiated if: (l) New information reveals effects ofthe action that may affect endangered or threatened species under NMFS' jurisdiction or to designated critical habitat in a manner or to an extent not considered in this Opinion (e.g. ifEPA were to fail to execute the monitoring and reporting or other commitments it made during ESA Section 7 consultation); (2) The agency action is subsequently modified in a manner that causes an effect to the ESA-listed species or critical habitat not considered in this Opinion; (3) A new species is listed or critical habitat designated that may be affected by the action; or (4) The amount or extent oftake specified in the incidental take statement is exceeded. 

### Ifyou have any questions regarding our Opinion, please contact Jennifer Schultz (301-427-8443) or myself. Sincerely,



# *

Printed on Recycled Paper