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Table of Contents

Forward to the November 1999 Version
Introduction Executive Summary
	Legislative Mandate EFH Regulations Options for Meeting EFH Consultation Requirements
	Use of Existing Procedures General Concurrence Programmatic Consultations Expanded and Abbreviated Consultation
Definitions 1.0 Effect Determinations and Consultation
	Federal Action Agency Adversely Affect Determinations NMFS Adversely Affect Determinations Consultation Initiation and Completion
2.0 Use of Existing Procedures for EFH Consultation
	Background Developing a Finding Most Commonly-Used Existing Processes
		National Environmental Policy Act
			The EIS process The EA Process
		Endangered Species Act
			Early Coordination Informal consultation Formal consultation Section 10 Permits Recovery Plans
		Fish and Wildlife Coordination Act/Clean Water Act/Rivers and Harbors Act
			Individual Permits General Permits (State Programmatic, Regional, or Nationwide)
		Federal Power Act
			Traditional Licensing Process Alternative Procedures
3.0 Programmatic EFH Consultations
	Background Program Size Process EFH Affected Effects on EFH EFH Conservation Recommendations Outcomes Contents Agency Response Changes, Tracking, and Review
4.0 EFH General Concurrences
	Background Process for Developing General Concurrences Criteria for General Concurrences Format of General Concurrences Tracking, Changes, and Review
5.0 Coordination with Fishery Management Councils 6.0 EFH Conservation Recommendations to State Agencies
Appendix 1 - Statutory and Regulatory Language
	Statutory Language for EFH Consultation with Federal Agencies Regulations for Consultation in General Regulations for Use of Existing Procedures Regulations for Programmatic Consultations Regulations for General Concurrences
Appendix 2 - Examples of EFH Documents
	Example of a Finding for NEPA Example of a Finding for FWCA/CWA/RHA Example of Language Indicating That NMFS Cannot Make a Finding Example of Response to a Request for NMFS Concurrence with an Agency's "No Effect on EFH" Determination  Example of a Preliminary Response Letter Example of a Programmatic Consultation Document on a Forest Plan Example of a Request for General Concurrence Example of a General Concurrence for Projects Conducted by the Corps of Engineers (Corresponds to the Example of a Request for a GC) Where NMFS Agrees to Do Tracking Example of a General Concurrence for Projects Permitted by the Corps of Engineers Where ACOE Agrees to Do Tracking

The first edition of the Essential Fish Habitat (EFH) Consultation Guidance was issued in March of 1999. This November 1999 version differs from the March version in only one way: the language on page 1.1 under Federal Action Agency Adversely Affect Determinations has been changed to allow National Marine Fisheries Service (NMFS) staff to concur with a Federal agency's "no effect" determination if NMFS staff wish to do so.

In early 2000 another revised version of this guidance will be issued, containing clarifications and additional examples of EFH documents. Some of these additional examples have already been sent to NMFS staff as part of periodic mailings, so the examples in this guidance should not be considered the sole source of information on developing EFH documents.