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ESSENTIAL FISH HABITAT CONSULTATION GUIDANCE
This document describes procedures that have been developed to assist the National Marine Fisheries Service (NMFS) and other Federal agencies in addressing the essential fish habitat (EFH) coordination and consultation requirements established by the 1996 reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA or Magnuson-Stevens Act) and the Department of Commerce's EFH consultation regulations (50 CFR 600.905 - 930). The statute includes a mandate that Federal agencies must consult with the Secretary of Commerce on all activities, or proposed activities, authorized, funded, or undertaken by the agency, that may adversely affect EFH. This guidance was developed to facilitate the use of existing environmental review procedures as the primary mechanism for EFH consultations, streamline the consultative requirements for activities minimally affecting EFH, and establish a consistent, efficient approach to conducting programmatic and individual consultations.
This guidance does not set absolute criteria for EFH consultation, but does suggest how the EFH consultation requirements should be met by NMFS and Federal action agencies. Regional situations will inevitably result in regional differences in how EFH consultations are conducted. However, the fundamental concept of minimizing duplication while fully complying with the requirements of the MSFMCA, embodied in this guidance, should be applied to all EFH consultations.
Examples of typical EFH documents are included in Appendix 2. These examples should be adapted to meet specific circumstances, and do not represent all possible permutations of the EFH consultation process. NMFS staff developing EFH documents, such as findings, General Concurrences, and programmatic EFH conservation recommendations, should coordinate with the appropriate General Counsels, other regions, and the Office of Habitat Conservation to encourage consistency, where appropriate, and to allow NMFS staff to learn from each other as this new program is implemented.
This guidance will be updated as needed to provide clarification, revisions, or additional information and examples. Revised or new material will be sent to every NMFS staff person who receives a copy of this guidance from the NMFS Office of Habitat Conservation in Silver Spring, Maryland. Anyone providing copies of this guidance to other interested parties should ensure that guidance updates are provided to them also.
This guidance was developed by National Oceanic and Atmospheric Administration (NOAA) and National Marine Fisheries Service (NMFS) staff: Susan-Marie Stedman, Office of Habitat Conservation in Silver Spring, Maryland; Jane Hannuksela, General Counsel, Silver Spring, Maryland; Jon Kurland, Habitat Conservation Division in Gloucester, Massachusetts; and Jeanne Hanson, Habitat Conservation Division in Anchorage, Alaska; with input from other NMFS and NOAA staff throughout the agency. Comments, questions, or suggestions should be addressed to Susan-Marie Stedman at 301/713-2325 or Susan.Stedman@noaa.gov.
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