NOAA Fisheries adopts Endangered Species Act Final 4-D Rule  establishing take prohibitions for the Green Sturgeon.

Effective July 2, 2010, activities such as dredging in San Francisco are prohibited unless a take permit is granted by NOAA based on an endangered species consultation.  In-water and shoreside construction activities such as dredging are currently covered by a programmatic permit issued by NOAA for the Long Term Management Strategy for Dredging and Dredged Material Disposal adopted in 2002 as long as such activities are conducted with the environmental windows season.  Since there is no environmental window for the green sturgeon, a new era of environmental permitting and negotiation has begun.  NOAA is aware of the challenge this potential restriction poses for commerce in the S.F. Bay and Delta region and is working on a biological opinion.  Further discussion with the dredging agencies and stakeholders will take place this summer.

Reference materials can be found at  www.swr.nmfs.noaa.gov.  50 CFR 223

BPC was one of 17 commenters on the rule.