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United States. Federal Energy Regulatory Commission

National Marine Fisheries Service Submits Document to Federal Energy Regulatory Commission

Strategic Insights

— 1 min read

The National Marine Fisheries Service (NMFS) in the Greater Atlantic Region has submitted a document to the Federal Energy Regulatory Commission (FERC) regarding the Rumford Falls Hydroelectric Project (FERC No. 2333-094). The document concerns the concurring determination under section 7 of the Endangered Species Act (ESA) for the project. The NMFS has completed its consultation under the ESA, considering the potential effects of the project on the Gulf of Maine Distinct Population Segment of Atlantic salmon and designated critical habitat. The agency has concluded that the proposed action is not likely to adversely affect (NLAA) these species or habitats.

Key Takeaways:

  • The NMFS has completed its consultation under section 7 of the ESA for the Rumford Falls Hydroelectric Project.
  • The agency has determined that the proposed action is not likely to adversely affect (NLAA) the Gulf of Maine Distinct Population Segment of Atlantic salmon or designated critical habitat.
  • The updated regulations governing interagency consultation (50 CFR part 402), effective May 6, 2024, have been applied to this consultation.
  • The NMFS has considered the prior rules and affirm that the substantive analysis and conclusions articulated in the letter of concurrence would not have been any different under the 2019 regulations or pre-2019 regulations.
  • Reinitiation of consultation is required if new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered in the consultation.

Statistics:

  • Effective date of updates to the regulations governing interagency consultation: May 6, 2024 (89 FR 24268).
  • Year of prior regulatory changes: 2019 (84 FR 45015).
  • Year of publication for offsetting reasonable and prudent measures: 2024 (89 FR 24268).

Sources:

  • NMFS Document to FERC, July 22, 2025.
  • 50 CFR part 402.
  • 89 FR 24268 (May 6, 2024).
  • 84 FR 45015 (2019).

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