UNITED STATES DEPARTMENT OF COMMERCE 

National Oceanic and Atmoapharlc Administration 

NATIONA L M A R IN E F IS H ERIES SERVICE 

Silv 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 of the proposed Vessel General Pelmit and Small Vessel General Pelmit (the 

VGPs), which will authorize discharges incidental to the nOimal operation of vessels into waters 

of the United States from 2013 through 2018. Our Opinion was prepared pursuant to section 

7(a)(2) of the Endangered Species Act of 1973, as amended (16 USC 1531 et seq.). 

In our Opinion, we conclude that EPA's issuance and implementation of the VGPs are not likely 

to jeopardize any listed or proposed species under NMFS' jurisdiction. We also conclude that 

EPA's issuance and implementation of the 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 of vessel-related pollutants 

and aquatic nuisance species, willingness to take additional actions if necessary to protect listed 

resources, and ability to either modify their pelmits or request reinitiation of section 7 

consultation if necessary. This feedback mechanism provides continual monitoring of potential 

exposure of listed resources to potentially harmful stressors. If metrics indicate the possibility of 

exposure to potentially haImfullevels of ANS and pollutants, EPA can implement measures to 

reduce these threats before individuals are exposed. This iterative process first minimizes the 

likelihood of exposure; if there is exposure, it minimizes the number of exposed 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 Paper 
UNITED STATES DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric Administration 

N A TION AL MAR INE FISHE R IES SERV ICE 

Silv er Spring. MO 20910 

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. if EPA 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 of take specified in the incidental 

take statement is exceeded. 

If you have any questions regarding our Opinion, please contact Jennifer Schultz (301-427 -8443) 

or myself. 

Sincerely, 

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