Topic: Endangered Species Act (ESA) Programmatic Coverage
(Updated: May 2026)

Q1: When does the Endangered Species Act (ESA) Programmatic Biological Opinion (PBO) for Shellfish Activities expire?

A1: The PBO does not have a set expiration date. Instead, it relies on specific thresholds. If any of these thresholds are met, the Corps is required to reinitiate Section 7 consultation under the Endangered Species Act (per 50 CFR 402.16).

Reinitiation is required if:

• The amount or extent of "incidental take" specified in the statement is exceeded;
• New information reveals effects of the agency action that may affect listed species or critical habitat in a manner or to an extent not previously considered;
• The identified action is modified in a way that causes an effect to listed species or critical habitat that was not considered in the original biological opinion or written concurrence; or
• A new species is listed or critical habitat is designated that may be affected by the identified action.

The Corps actively monitors incidental take thresholds through mandatory annual reporting. To date, no reinitiation requirements have been triggered.

Q2: While there is no expiration date for the programmatic ESA coverage, my individual permit expires on December 31, 2036. What is the Corps' plan to manage the workload as this permit expiration date approaches?

A2: If permittees are not proposing changes to their existing operations, they can request a permit modification to extend the expiration date at any time before the permit expires. Extending a permit without operational changes is a highly streamlined process compared to the extensive effort required to issue the original individual permits.

Here is how the Corps is managing this process:

• Streamlined Extensions: The Corps recently completed a pilot project for processing permit modifications for individual permits where no changes to operations were proposed (only a time extension). We established a timely and efficient process that we intend to replicate as other permits approach the December 2036 expiration.
• Proactive Outreach: The Corps is strategically planning for the 2036 permit expirations.  Our current plan includes reaching out to all permittees several years prior to the expiration (currently planned during the year 2031) as a reminder of the approaching expiration dates and provide direction on initiating a modification request.
• .Modifying Existing Operations: If a permittee is proposing changes or modifications to their existing permit(s), those changes can likely be addressed through a permit modification request, provided the request is submitted prior to the December 31, 2036, expiration date.
• New Aquaculture Operations: Applications for new aquaculture operations (those not previously authorized under an individual permit) must follow our standard permit application procedures. There are two options for submittal, though the Regulatory Request System (RRS) is highly preferred:
  • Regulatory Request System (RRS): Visit https://rrs.usace.army.mil/rrs to submit your application online.
  • Electronic Submittal: Please refer to the standard electronic submission instructions available on the USACE District website.

Q3: How do I transfer an existing individual permit to a new owner or lessee?

A3: The Corps typically uses a permit transfer letter when an existing authorization is transferred in its entirety to a new permittee, provided there are no changes to the authorized activity, project footprint, or parcel configuration. This is a simple administrative action that updates the permittee of record while maintaining the existing authorization as issued.

If changes are proposed:
Additional Corps review is required if the transfer involves changes that affect the scope of the authorization. Examples include:

• Modifications to parcel boundaries or subdivisions of authorized parcels.
• Changes in ownership affecting only a portion of the authorized area.
• Alterations to authorized cultivation methods, species, or the project area.

In these cases, a simple transfer letter may not be appropriate. The Corps must evaluate how the proposed changes relate to the existing authorization to determine the correct regulatory path forward.

If you have questions about a potential permit transfer or change in ownership, please contact the Corps early in the process so we can evaluate your specific circumstances and provide guidance.