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National Pollutant Discharge Elimination System (NPDES)

Pesticide Permitting-ESA Procedures

Part 1.1.2.4 of the Pesticide General Permit (PGP): Endangered and threatened species and critical habitat protection under the PGP

Where discharges overlap with the National Marine Fisheries Service (NMFS) listed resources of concern, decision-makers are required to submit a Notice of Intent (NOI) certifying eligibility under one of the six criteria in Part 1.1.2.4 of the PGP. Permittees may use the map below to determine if a discharge overlaps with NMFS listed resources of concern. If there is overlap, the permittee may refer to Appendix I. Endangered Species Procedures, of the PGP, for additional instructions.

NMFS' listed resources of concern encompass federally-listed endangered and threatened species and federally-listed critical habitat for which NMFS’ 2016 Endangered Species Act (ESA) Section 7 Consultation Biological Opinion on the U.S. Environmental Protection Agency’s Proposed Pesticides General Permit concluded that the draft 2016 PGP, absent any additional mitigating measures, would either jeopardize the continued existence of such species or destroy or adversely modify such critical habitat.

There are six states, Puerto Rico, and Washington D.C. where the PGP areas of coverage significantly overlap with NMFS Listed Resources of Concern. To identify overlap, click on the following resources:

                                                          or

  • Alternative PGP Sources of Information for NMFS Listed Resources of Concern

    The following resources are available below:

    • a list of state watersheds and/or U.S. waters where the NMFS resource of concern(s) is identified,
    • a list of state counties where the NMFS resource of concern(s) is identified, or
    • a state map

    • Massachusetts
      • Any PGP discharges within Massachusetts to the Merrimack River below the Essex Dam-Lawrence (Shortnose Sturgeon and Atlantic Sturgeon)
      • Any PGP discharges within Massachusetts to the Taunton River (Atlantic Sturgeon)
      • Any PGP discharges within Massachusetts to the Connecticut River below the Turners Falls Dam (Shortnose Sturgeon)
      • Any PGP discharges within Massachusetts to the Connecticut River downstream of the Holyoke Dam (Shortnose Sturgeon and Atlantic Sturgeon)
      • Any PGP discharges to Cape Cod Bay (Green, Hawksbill, Kemp's Ridley, Leatherback, and Loggerhead Sea Turtles; Atlantic Sturgeon, Shortnose Sturgeon) and the mouths of the Taunton River (Atlantic Sturgeon) and Merrimack River, including Plum Island Sound (Atlantic Sturgeon; Shortnose Sturgeon; and Green, Hawksbill, Kemp's Ridley, Leatherback, and Loggerhead Sea Turtles also in the sound)
    • New Hampshire
      • Any discharge to the Piscataqua River and Great Bay (Atlantic Sturgeon and Shortnose Sturgeon)
      • Any discharge to the Cocheco River below the Cocheco Falls Dam (Atlantic Sturgeon)
    • Puerto Rico
      • Discharges to coastal areas
      • ESA-listed coral species (Pillar, Rough Cactus, Lobed Star, Mountainous Star, Boulder Star, Elkhorn, and Staghorn Corals); Nassau Grouper; and Green, Hawksbill, Kemp's Ridley, Leatherback, and Loggerhead Sea Turtles in coastal waters.
    • District of Columbia
      • Discharges to the Potomac River
      • Shortnose Sturgeon and Atlantic Sturgeon