Authorities & Activities
NMFS uses several methods to protect diadromous fish and their habitat. These methods are intended to
1) allow fish to get past barriers like dams and culverts and 2) improve and protect historic and existing river habitat. NMFS accomplishes these goals by:
- Requiring fishways at hydropower dams that help fish migrate around dams to and from their spawning grounds;
- Recommending conditions in dam licenses that help protect, mitigate damages to, and enhance fish and wildlife from dam operations; and
- Working with federal permitting agencies to ensure the activities they permit do not harm fish habitat or the surrounding watersheds.
NMFS has authority to undertake these actions through several powers given to it by Congress. The primary authorities include the Federal Power Act, the Fish and Wildlife Coordination Act, and the Essential Fish Habitat provisions of the Magnuson-Stevens Act.
Federal Power Act FERC’s process of licensing or re-licensing a hydropower project triggers NMFS’ authority under the Federal Power Act. These proceedings cover years of negotiations between multiple stakeholders that result in license conditions that govern the operations of the hydropower project for 30 to 50 years. In this process, NMFS provides the perspective of diadromous fish and their habitat by, in some cases, requiring fishways at dams to improve fish passage, and by recommending conditions to the license that will protect or improve habitat and fish populations. Many times, these conditions address the water quality and water flow impacts that dams can cause.
Fish and Wildlife Coordination Act The Fish and Wildlife Coordination Act gives NMFS an important advisory role to review and comment on proposed on proposed federally permitted activities that could affect living marine resources.
Magnuson-Stevens Act In cases where federally permitted activities, like dredging a navigational channel or building a dock, are proposed in an area designated as Essential Fish Habitat (EFH), or where the activities may affect EFH, NMFS may provide the federal agency with conservation recommendations to avoid, minimize, or mitigate the effects of the activity on EFH. For more information on essential fish habitat and the consultation process, please visit the EFH page.
