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ESSENTIAL FISH HABITAT CONSULTATION GUIDANCE 5.0 Coordination with Fishery Management Councils
The EFH regulations direct the Councils and NMFS to cooperate as closely as possible to identify actions that may adversely affect EFH, to develop comments and EFH conservation recommendations to Federal and state agencies, and to provide EFH information to Federal or state agencies. NMFS is further directed to develop agreements with each Council to facilitate sharing information on actions that may adversely affect EFH and in coordinating Council and NMFS comments and recommendations on those actions (50 CFR 600.905(c)). Throughout the EFH regulations, NMFS is required to coordinate with the Councils for specific actions such as: sending the appropriate Council a copy of NMFS EFH conservation recommendations (600.920(h)(4)), coordinating with the Council on site visits (600.920(i)(3)), coordinating with the Council before issuing a General Concurrence (600.920 (f)(3)), and in requesting further review of a Federal decision if it is contrary to Council EFH conservation recommendations (600.920(j)(2)).
Each NMFS region must develop written agreements with the appropriate Councils (3) to accomplish the required coordination with the Councils. These written agreements should address the following topics:
1) How NMFS and the Council will share information on EFH conservation recommendations when a Council is commenting on an agency action;
2) How NMFS will coordinate review by the Council of proposed General Concurrences (this review should be documented);
3) How NMFS will coordinate with the Councils on site visits for projects requiring expanded consultation;
4) How NMFS will provide copies to the Councils of EFH conservation recommendations; and
5) How the Council will make a request that the NMFS Assistant Administrator initiate further review of Federal agency decisions that are inconsistent with Council EFH conservation recommendations.
(3). NMFS regions should coordinate with Councils outside the immediate area to identify EFH described for interjurisdictional fisheries.
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