# United States Department ofthe Interior ZOl8AUG -4 AMII: 01 BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT
GulfofMexico OCS Region 1201 Elmwood Park Boulevard New Orleans, Louisiana 70123-2394 In Reply ReferTo: MS 5430 

## JUL 3 02010 

# Jl/JI RA OMT_

### ~SRA ____SDRA

___ Dr. Roy E Crabtree, Ph.D.**Cop~1** -FISERl**~&B** Regional Administrator 

# Ori"**~e--1T** JI.Duto. ISE _GRANTS Southeast Region --" -.CSIl'£1UIIllTS AdfOft_FYl_Date

____ National Marine Fisheries Service 

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___==;::;-;;;-­ 263 13th Avenue South 

### faa RECYCLE

____ St. Petersburg, Florida 33701

Dear Dr. Crabtree,

The Bureau ofOffshore Energy Management, Regulation, and Enforcement (BOEM; formerly the Minerals Management Service) requests that the National Marine Fisheries Service (NMFS) reinitiate consultation (based onthe existing consultation and resulting Biological Opinion (BO) dated June 29, 2007) under Section 7 ofthe Endangered Species Act (ESA) of 1973 on the effects ofthe Five-Year OuterContinental ShelfOil and Gas Leasing Program (2007-2012) in the Central and Western Planning Areas ofthe GulfofMexico. This request is in response to the Deepwater Horizon (DWH) incident and is meantto comply with 50 CFR 

### § 402.16.

BOEM believes the DWH incident and the resulting oil spill necessitate this reinitiation action. We understand the oil spill and the associated impacts to listed species and designated critical habitat cannot be fully quantified atthis time and that some potentially relevant information will not be available until afterNMFS completes its emergency response consultations underthe ESA. However, we acknowledge that the spill volumes and scenarios used in the analysis for the existing NMFS BO need to be readdressed given the "rare event" ofa spill exceeding 420,000 gallons as referenced in the current NMFS BO has occurred and that affects to and the status of
some listed species ordesignated critical habitats may have been altered as a result ofthe DWH incident and therefore require further consideration.

We also recognize that both NMFS and BOEM will need to agree upon an extended consultation timeframe in orderto allow for NMFS to first complete the emergency response consultations and re-establish the environmental baseline. Further, we recognize that oil spill response efforts have required and may continue to require much oftheNMFS's resources. We askthat you provide us an initial estimate on a consultation timeframe. We understand, however, that this timeframe may be adjusted depending on the timing and outcome ofthe aforementioned actions.

### 2

We will considerthe existingNMFS BO to remain in effect until the reinitiated consultation is completed and a new BO is available. In the interim, BOEM will continue to comply with all Reasonable and Prudent Measures and their Terms and Conditions underthis existing BO along with implementing the current BOEM-imposed mitigation, monitoring and reporting requirements. In addition, BOEM will continue to institute the BO'sConservation Recommendations, such as pile driving noise characterization, standardization ofobserver qualifications and protocols, reduction ofmarine debris, and general scientific research efforts on the effects ofoil and gas activities on listed species and designated critical habitat. Based on the mostrecent and best available information at the time, BOEM will also continue to closely evaluate and assess risks to listed species and designated critical habitat in upcoming environmental compliance documentation underthe National Environmental Policy Act and other statutes. Further, BOEM will continue to provide NMFS with any additional information relevant to this ESA Section 7 consultation reinitiation ifand when it becomes available.

We look forward to working with NMFS during this formal consultation reinitiation process. If you have any questions orrequire any additional information, please contact Deborah Epperson, Protected Species Biologist, Leasing and Environment Division, Deborah.Epperson@mms.gov or 504-736-3257.

# Since~e:~, I'

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