The FPA also provides authority for NMFS to issue mandatory fishway prescriptions. This is accomplished by requiring consultation with the FWS and NMFS whenever any body of water is proposed to be modified in any way and a Federal permit or license is required. This consultation determines the possible harm to fish and wildlife resources, and the measures that are needed to both prevent the damage to and loss of these resources, and to develop and improve the resources, in connection with water resource development. NMFS submits comments and recommendations to Federal licensing and permitting agencies and to Federal agencies conducting construction projects on the potential harm to living marine resources caused by the proposed water development project, and submits recommendations to prevent harm. The agencies use the results of this analysis in decision-making.
Alternatives analysis allows other options to be considered.
NMFS plays a significant role in the implementation of NEPA through its consultative functions relating to conservation of marine resource habitats. The OPA is an omnibus statute enacted in the wake of the 1989 Exxon Valdez oil spill and a spate of subsequent incidents along the West, Gulf, and East Coasts. NOAA's prime trustee responsibility is for injuries to the living and non-living resources in the marine environment. NMFS works with other NOAA offices in the development of claims and restoration of damaged resources. Trustee agencies are empowered to seek compensation for injury to trust resources from responsible parties.