United States Department ofthe Interior 

ZOl8 AUG -4 AM II: 01 BUREAU OF OCEAN ENERGY 

MANAGEMENT, REGULATION, AND ENFORCEMENT 

Gulf of Mexico OCS Region 

1201 Elmwood Park Boulevard 

New Orleans, Louisiana 70123-2394 

In Reply Refer To: MS 5430 

JUL 3 0 2010 Jl/JI RA OMT_ ~SRA____ SDRA___ 

Dr. Roy E Crabtree, Ph.D. Cop~1 -FISERl ~&B 

Regional Administrator Ori" JI.Duto. ~e--1T ISE _GRANTS 

Southeast Region --" -.CSIl'£1UIIllTS AdfOft_FYl_Date ____ National Marine Fisheries Service Retuna to ___==;::;-;;;-­

263 13th Avenue South faa RECYCLE ____ 

St. Petersburg, Florida 33701 

Dear Dr. Crabtree, 

The Bureau of Offshore Energy Management, Regulation, and Enforcement (BOEM; formerly the 

Minerals Management Service) requests that the National Marine Fisheries Service (NMFS) 

reinitiate consultation (based on the existing consultation and resulting Biological Opinion (BO) 

dated June 29, 2007) under Section 7 of the Endangered Species Act (ESA) of 1973 on the effects 

of the Five-Year Outer Continental Shelf Oil and Gas Leasing Program (2007-2012) in the Central 

and Western Planning Areas ofthe Gulf of Mexico. This request is in response to the Deepwater 

Horizon (DWH) incident and is meant to 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 at this time and that some potentially relevant information will 

not be available until after NMFS completes its emergency response consultations under the 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" of a 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 or designated critical habitats may have been altered as a result of the 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 order to 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 ofthe NMFS's resources. We ask that 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 consider the existing NMFS 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 under this existing BO along 

with implementing the current BOEM-imposed mitigation, monitoring and reporting 

requirements. In addition, BOEM will continue to institute the BO's Conservation 

Recommendations, such as pile driving noise characterization, standardization of observer 

qualifications and protocols, reduction of marine debris, and general scientific research efforts on 

the effects of oil and gas activities on listed species and designated critical habitat. Based on the 

most recent 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 under the 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 if and when it becomes available. 

We look forward to working with NMFS during this formal consultation reinitiation process. If 

you have any questions or require 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' "~"'.' I , / i' J ,r ' 

-: 14~~'irl'tit

f\~~hri~opher ke:>~ional Supervisor