If your project has a federal nexus (federal funding, federal permit, or occurs on federal land), use this information to determine if your work has the potential to affect protected species and comply with the Endangered Species Act (ESA) and the Magnuson-Stevens Fishery & Conservation Act.
Review the information below to determine which listed or proposed threatened and endangered species and designated or proposed critical habitat may be present in your project's vicinity.
Use the information on this page to coordinate with liaisons with the US Fish & Wildlife Service and National Marine Fisheries Service for consultations under Section 7 of the Endangered Species Act and the Magnuson-Stevens Fishery and Conservation Act for Essential Fish Habitat.
The content on this page is for Washington State Department of Transportation (WSDOT) staff and consultants only. If you are a private citizen or business, use the US Fish & Wildlife Services or National Marine Fisheries Services websites to contact them or for more information on the Endangered Species Act.
Consultants and contractors: Work with the Washington Department of Transportation biologist assigned to your project or the Project Engineer. Do not contact the liaisons directly.
WSDOT Biologists: Before using the information on this page, review Chapter 2.2: Understanding the Biological Assessment Process of the Biological Assessment (BA) preparation manual. WSDOT staff may, once a liaison is assigned to a project, coordinate with the liaison directly. Find additional contact information in the WSDOT Global Address List in MS Outlook.
If your work requires ESA consultation with the USFWS or NOAA, early coordination with the ESA liaisons is an important process.
You must always do early coordination before you submit consultation documents to the Services
Pre-BA meeting. Projects with adverse effects to listed species or critical habitat, or projects that affect aquatic habitat must present at a Pre-BA meeting. The meetings are held on the third Thursday of each month. Contact the Fish & Wildlife Program Manager to get on the agenda for a Pre-BA Meeting.
If you are not sure if you need to attend a Pre-BA meeting, consult with the Fish & Wildlife Program Manager.
E-mail coordination. If you do not need to attend a Pre-BA meeting, send an early coordination e-mail to the ESA liaisons at WSDOT ESA Liaisons. In the email make sure to include:
If you submit an email, the liaisons may still ask you to attend a Pre-BA meeting depending on the complexity of your project. Projects that do not submit consultation documents within six months of the Pre-BA meeting, must attend a second pre-BA meeting.
Review the Listed species & designated critical habitat webpage to determine which listed threatened and endangered species and critical habitat may be present in your project’s vicinity.
To author a Biological Assessment (BA) or no effect (NE) determination for the Washington State Department of Transportation (WSDOT), you must be a qualified BA author as described on the Training for Biological Assessment authors webpage.
No effect to listed species or critical habitats. If your project will not affect any listed or proposed species, or designated or proposed critical habitat, prepare a no effect determination. Consultants should speak with their WSDOT biology contact for assistance in determining which no effect documentation to use. Consultants should provide the NE letter to WSDOT in an electronic form for final formatting and signature. Consultants do not submit no effect projects to the federal action agency or other authorities.
Individual (Informal and Formal) consultations. If your project may affect listed or proposed species, or designated or proposed critical habitat, use the information below to determine how to prepare the ESA documentation.
Emergency notifications. Read BA Manual Chapter 2: Understanding the Biological Assessment Process (PDF 353KB) to understand how to comply with the ESA and EFH during and following WSDOT emergency actions.
Include a description of the emergency and the proposed action including minimization measures, potential presence of listed species, and potential effects. This notification should be made even if it is uncertain whether there will be a federal nexus for the project. Notified individuals may assign the task of responding to staff or respond directly. At this stage, the Services offer recommendations to minimize impacts to species and critical habitat. A record of this initial contact should be kept by the project proponent.
EFH only consultations. Read BA Manual Chapter 16: Essential Fish Habitat (PDF 696KB) to understand how to comply with the Magnuson-Stevens Fishery and Conservation Act.
Use the BA preparation manual, template and review checklist for individual Endangered Species Act (ESA) consultations. Use the Biological Assessment Reference (BAR) with the guidance provided on this page when preparing biological assessments for ferry terminal projects. Make sure to always use the latest version of these documents.
BA Manual. Refer to the WSDOT BA preparation manual for specific standards and guidance on BA content. Information you need to prepare a BA is listed by chapter below. Also find links to additional information to supplement some manual chapters.
BA Template and review checklist. Meet Federal Highway Administration (FHWA) requirements by using the latest BA template and checklist for Washington state. WSDOT updates these documents as needed. Check this webpage for the most current versions prior to each use.
Washington State Ferries Biological Assessment Reference (BAR). Use the Biological Assessment Reference (PDF 21.1MB) with the guidance provided above when preparing biological assessments for ferry terminal projects.
For all consultations, copy the following people on the submittal email:
Programmatic. The FHWA and Corps delegated WSDOT as the lead for programmatic Project Notification Form (PNF) submittals. The PNF must be reviewed and signed by the WSDOT lead biologist or biology manager. A cover letter is not required. Email the PNF, jpg files of the maps and figures, a copy of the IPaC list and other supporting documents to:
Copy the Federal lead agency contact for:
When applicable, use this naming convention in the subject line of the submittal email: State Route, Milepost(s), site name, and county. In the body of the email, state the county, WRIA, 6th Field HUC and major waterbody as applicable, species and effect determinations, IPaC SLI number, and Work Order number. NMFS programmatic submittal materials should not include effect determinations. Programmatic consistency findings are usually completed within 30 days of submittal.
Following project completion, email the NMFS Programmatic Project Completion Form to:
Individual Informal. The FHWA and Corps delegated WSDOT as the lead for informal consultations submittals. A cover letter requesting informal consultation must be signed by a WSDOT lead biologist or biology manager and included in the submittal. Email the cover letter and Biological Assessment (BA) to:
Copy the Federal lead agency contact for:
When applicable, use this naming convention in the subject line of the submittal email and cover letters: State Route, Milepost(s), site name, and county. In the body of the email and cover letters, state the county, WRIA, 6th Field HUC and major waterbody as applicable, species and effect determinations, IPaC SLI number, and Work Order number. Letters of concurrence are usually received about 60 days after submittal.
Individual Formal. The federal lead agency must submit the BA and supporting documents to the Services. Email the draft cover letter(s) and BA to the federal lead agency and they will submit it to the Services:
Ask the federal lead agency to copy the WSDOT liaisons, Liaison Program Coordinator, and Fish & Wildlife Program Manager when they submit the final BA to the Services. The Services usually issue a biological opinion about a year after BA submittal.
Use the environmental compliance assurance procedures (ECAPs) if you have a non-compliance event. The project biologist should also notify the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) Endangered Species Act (ESA) liaisons by email if the non-compliance event affects listed species.
Use the flow charts and information below to determine when reinitiation or an information update is needed under the ESA Section 7 consultation with National Oceanic and Atmospheric Administration’s NMFS or the USFWS (the Services).
Submit a reinitiation or informational update when there is one or more of the following changes at any time during design and construction after consultation with the Services is complete:
When analyzing if a change results in a change in the effects to species or critical habitat(s), consider all direct and indirect effects including those from interrelated and interdependent actions. Review and revise the action area based on the changes if warranted. Check to see if there are any additional species or critical habitat in the revised action area. Re-run IPaC for USFWS if your action area changes or your original list is more than 90 days old. Approvals from State and/or Local agencies do not dictate whether an informational update or reinitiation should occur.
For information on how to identify species and critical habitat, analyze effects and submit consultation documents, see the Preliminary design tab. Put the project name, consultation tracking number, XL number and mileposts in the subject line on all consultation documents and emails.
If a change triggers reinitiation or an informational update, use the flowcharts and guidance below to prepare and submit the necessary documents.
Use the flow chart and notes below if you submitted a Project Notification Form (PNF) and received a consistency review from one or both services that the project meets the ESA programmatic consultation.
If your analysis shows that the triggers result in a change to the effect or incidental take allotted for each species or critical habitat present in the action area (or the revised action area) from the effects analyzed in the original project, consult with the Federal Action Agency and, if they are in agreement, revise the PNF and send it to the Services. If the reanalysis did not find a change in effect to listed species or critical habitats, revise the update section of the PNF. You may choose to update the Federal Action Agency and place the information in the project file or send a project update to the Services.
Note 1 – Revise the PNF for all updates. Be sure to consider the following regarding the update:
Note 2 – In the update email, include:
Note 3 – Revise the PNF as needed to reflect the changes. Note the project changes and any change in the effect determination or incidental take in the update section of the PNF. If there is an increase in take, make sure the take is available by contacting Jeff Dreier at WSDOT HQ. Revise other pertinent sections of the PNF such as the project description, action area, work window and species take/effect determination sections. See the example update section (PDF 37KB) for the type of information to include.
Note 4 – In the email transmitting the revised PNF, include:
Use the flow chart and notes below if you consulted individually, formal or informal, with one or both services. When changes occur within a project that consulted formally, coordinate with the Federal Action agency to ensure they are in agreement with the decision to reinitiate consultation or provide the Services with a project update.
If your analysis determines that the triggers result in a change to the effect or incidental take allotted for each species or critical habitat present in the action area (or the revised action area) from the effects analyzed in the original consultation, reinitiate the consultation. For projects that result in formal consultation, coordinate with the federal lead agency to determine if reinitiation is necessary. The federal lead will send the request to the Services. If the reanalysis did not find a change in effect to listed species or critical habitats and reinitiation is not required, you may choose to place the information in the project file or send a project update to the Services.
If FHWA is the federal nexus, coordinate with the FHWA Senior Biologist and copy the appropriate Area Engineer in your correspondence.
Note 1 – Reinitiate the consultation if:
Note 2 – In the update email, include the information below.
See the example individual consultation update letter (PDF 162KB) for an example of the type of information to include. The level of detail you provide should be commensurate with the complexity of the work.
Note 3 – In the reinitiation request, include the following information:
See the example reinitiation of an individual consultation letter (PDF 181KB) for an example of the type of information to include. The level of detail you provide should be commensurate with the complexity of the work.
BA Preparation Manual & templates - see the Preliminary design tab.
Lists of consultants who have met the BA author qualification requirements are available for the use of the Local Programs Office, regions and consultant companies. Find qualified authors:
BA template (DOC 74KB) – The FHWA requires the use of a standard template for BAs. This template should be used for projects that result in a not likely to adversely affect (NLTAA) and/or likely to adversely affect (LTAA) determination.
BA Review Checklist (DOC 256KB) – Use this checklist to guide the level of detail and content for each section of the BA.
No Effect letter (DOC 56KB) and No Effect letter checklist (DOC 44KB) – Use these documents for projects that result in a no effect determination and require minimal documentation.
NE assessment template (DOC 56KB) – Use this template for projects that result in a no effect determination but require additional documentation and analysis to support the NE call, such as projects with new impervious surface (i.e., document lack of stormwater impacts), projects with complicated action areas or projects that require completion of a detailed effects analysis.
Underwater Noise Monitoring Plan template (DOC 319KB) – If a project involves impact pile driving where sound pressures generated may be above the disturbance thresholds for aquatic listed species (through in-water transmission) and noise monitoring is required.
Use the information on this page to supplement Biological Assessment (BA) Manual Chapter 13: Effect Determination Guidance (PDF 742KB)
Contact the Fish & Wildlife Program Manager, Jeff Dreier, Jeff.Dreier@wsdot.wa.gov, if your project has work outside the limited operating period (LOP) of two hours after sunrise to two hours before sunset during nesting season (April 1 to September 23).
Oregon Spotted Frog & Critical Habitat Presence Assessment (PDF 58KB) – To determine if you need to complete an Oregon spotted frog assessment and find tools to complete that assessment.
Draft Oregon Spotted Frog Area of Influence (PDF 1.5MB) – This map complements the description of the western Washington watersheds (5 th and 6 th field hydraulic unit codes (HUC)) occupied or potentially occupied by the Oregon spotted frog.
Oregon Spotted Frog and Wetland Mitigation Sites (PDF 365KB) – This guidance should be implemented when wetland mitigation sites are being considered in watersheds potentially occupied by Oregon spotted frogs.
Under Section 9 of the Endangered Species Act (ESA), there are no federal prohibitions for the take of listed plants on nonfederal lands unless the taking of those plants is in violation of state or federal law.
A federal permit is required for the removal/possession of listed plants from areas under federal jurisdiction, such as projects on federal lands. An example would be moving a listed plant at risk from a WSDOT project on U.S. Forest Service land.
Under Section 7 of the ESA, any work with a federal nexus that could affect listed plants must consult with USFWS. When writing a BA, make the effect determination at the individual level. As part of the consultation, the USFWS makes a jeopardy determination at the species level.
It is important to keep in mind that impacts to an individual plant or population could result in jeopardy to the species. This is possible for plants with small population size, such as showy stickseed.
For help on identification of plant species and their habitats, use the Field Guide to the Rare Plants of Washington developed through a cooperative effort between several state and federal agencies.
Riparian Delineation Guidance for ESA (PDF 123KB) - provides a method to delineate riparian habitat based on function that is relevant to listed salmonids and other aquatic species.
Fish removal protocols & standards (PDF 208KB) - when activities require removal and exclusion of fish from work areas.
Use this information, in addition to Chapter 7: Construction Noise Impact Assessment of the BA preparation manual, to assess noise impacts to marine mammals, marbled murrelets, and fish.
The links below provide information on marine mammal, fish and marbled murrelet injury and disturbance thresholds for impulsive and continuous underwater sound and estimated auditory bandwidths (estimated hearing frequency ranges) for marine mammals and fish.
Interim Criteria for Injury to Fish (PDF 793KB) June 2008 – This memorandum identifies agreed upon sound pressure and sound exposure levels for listed fish.
Marbled Murrelet Masking Analysis (PDF 4.47MB) – In-air noise masking guidance for marine water pile driving projects.
NMFS Spreadsheet Fish (EXCEL 47KB) – Noise assessments of underwater pile driving.
NMFS Spreadsheet Marine Mammals – Noise assessments of underwater pile driving.
USFWS Murrelet & Bull Trout Threshold Spreadsheet (EXCEL 37KB) March 3, 2014 – Noise assessments of impact pile driving on marbled murrelets and/or bull trout or when calculating the distance to various thresholds.
Use the data in Chapter 7 (PDF 1.9MB) of the BA Manual to estimate sound pressure and cumulative sound exposure levels for various pile diameters and types. WSDOT pile driving monitoring reports can help with site-specific information for projects in the same or similar areas. Use the link to the CalTrans hydroacoustics web page for additional information.
CalTrans Fisheries - Hydroacoustics – Link to California Department of Transportation’s hydroacoustic webpage.
NOAA Marine Mammal Acoustic Technical Guidance – Use this resource to better predict how a marine mammal’s hearing will respond to sound exposure.
NOAA Fisheries Acoustics Program – Learn about the NMFS Acoustic Program.
Sound in the Sea – Learn about acoustics in the ocean via videos, tutorials and other resources.
NOAA - Understanding Ocean Acoustics – Learn about ocean acoustics in this tutorial developed by NOAA.
Endangered Species Act Stormwater Design Checklist for Eastern Washington (DOC 120KB) – Use this checklist for help in developing BAs and promoting consistency in BA content.
Stormwater Water Quality Analysis Process for Eastern Washington (PDF 53KB) – Follow this flowchart and instructions when working in eastern Washington.
Endangered Species Act Stormwater Design Checklist for Western Washington (DOC 162KB) – To document pertinent information required for the HI-RUN Model, for help in developing BAs and promoting consistency in BA content.
Indirect Effects Stormwater Runoff Analytical Method (PDF 59KB) – Evaluate water quality impacts associated with stormwater runoff from development identified as an indirect effect of transportation projects.
Commitment tracking system (CTS) web application – Track and manage environmental commitments. Find instructions on how to use CTS on the CTS help menu.
Programmatic Biological Assessment Minimization Measures for both Services (PDF 363KB) – Table of commitments, how they are listed in CTS and how they are covered in contract Standard Specifications and Special Provisions.
Jeff Dreier
Fish & Wildlife Program Manager
Jeff.Dreier@wsdot.wa.gov
360-705-7254
Glen Kalisz
Habitat Connectivity Biologist
Glen.Kalisz@wsdot.wa.gov
Michelle Meade
ESA Liaison Program Manager
Michelle.Meade@wsdot.wa.gov