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ESSENTIAL FISH HABITAT CONSULTATION GUIDANCE

6.0 EFH Conservation Recommendations to State Agencies

State agencies are not required to consult with NMFS or the Councils on state actions that may adversely affect EFH. However, NMFS is required to provide EFH conservation recommendations on any Federal or state action that would adversely affect EFH.

Each NMFS Region should use existing coordination procedures under statutes such as the Coastal Zone Management Act or establish new procedures to identify state actions that may adversely affect EFH, and for determining the most appropriate method for providing EFH conservation recommendations to the state agency.

When an action that would adversely affect EFH requires authorization or funding by both Federal and state agencies, NMFS will provide the appropriate state agencies with copies of EFH conservation recommendations developed as part of the Federal consultation procedures. NMFS will also seek agreements on sharing information and EFH conservation recommendations with Federal or state agencies conducting similar consultation and recommendation processes, e.g., review by a state fish and wildlife agency, to ensure coordination of these efforts.

 

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