Do the NMFS and USFWS have any emergency consultation processes?
A. The two Services have an emergency consultation process (50 CFR 402.05) for unpredictable events with potential to cause imminent loss of human life or property. Property is defined as significant infrastructure such as key transportation corridors, dwellings, and office buildings. Emergency consultation can take from one day to about two weeks. In an emergency, the Corps notifies NMFS and/or USFWS that emergency procedures are being invoked and employs measures to minimize the impacts of the emergency work. Where possible, the Services may provide advice to reduce the potential for adverse effects on listed species. After-the-fact consultation is required and may require significant modification, or total removal of temporary solutions employed in the emergency once the emergency has subsided. Additional mitigation actions may be required to account for “take” of listed species and/or loss of habitat for listed species.
