Frequently Asked Questions About Essential Fish Habitat
Frequently Asked Questions
- How is Essential Fish Habitat authorized?
- What is the definition of Essential Fish Habitat?
- How is EFH described?
- What species in Alaska have EFH identified?
- What is a Habitat Area of Particular Concern (HAPC)?
- When was EFH information last updated?
- Has EFH information changed?
- Who are the EFH contacts in Alaska?
What about EFH Consultations?
- What triggers an EFH Consultation?
- What does "adversely affect" mean?
- What are a few examples of actions that affect EFH?
- What do federal agencies need to do?
- What is in an EFH Assessment?
- Is the State of Alaska required to consult on EFH?
- Are private landowners required to consult for projects on their land?
- When does EFH consultation begin?
- Where does EFH Consultation Guidance exist?
- Are there some initial steps an action agency can take before contacting NOAA Fisheries?
- Can EFH Assessments be combined with other federal consultations or environmental review processes?
- If EFH overlaps with ESA, are two individual consultations with NOAA Fisheries considered?
- After a federal agency consults, what must NOAA Fisheries do?
- What is required of the federal action agency once it has received EFH conservation and enhancement recommendations from NOAA Fisheries?
- Are federal agencies required to accept NOAA Fisheries conservation recommendation(s)?
General Information about EFH
1. How is Essential Fish Habitat authorized?
The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-267), established a new requirement to describe and identify 'Essential Fish Habitat' (EFH) in each fishery management plan.
2. What is the definition of Essential Fish Habitat?
'Essential Fish Habitat' means those waters and substrates necessary to fish for spawning, breeding, feeding or growth to maturity. Waters include aquatic areas and their associated physical, chemical and biological properties. Substrate includes sediment underlying the waters. 'Necessary' means the habitat required to support a sustainable fishery and the managed species' contribution to a healthy ecosystem. Spawning, breeding, feeding, or growth to maturity covers all habitat types utilized by a species throughout its life cycle.
3. How is EFH described?
EFH is described using the best scientific information available based on the general distribution of each species. EFH is identified with text descriptions and delineated by maps where sufficient information exists.
4. What species in Alaska have EFH identified?
Many fish species exist in Alaska waters. However, EFH is identified for only those species managed under a federal Fishery Management Plan (FMP). EFH descriptions for Alaska may be found via the following links:
5. What is a Habitat Area of Particular Concern (HAPC)?
HAPCs are subsets of EFH. HAPCs highlight specific habitat areas with extremely important ecological functions and/or areas that are especially vulnerable to human-induced degradation.
6. When was EFH information last updated?
On May 7, 2006, EFH descriptions for Alaska changed based on the April 2005 Final Environmental Impact Statement for Essential Fish Habitat Identification and Conservation in Alaska.
7. Has EFH information changed?
Yes. EFH descriptions were refined for most species, new HAPCs were identified through a new process to replace the original broad HAPCs, and extensive new measures were adopted to reduce the potential adverse effects of fishing on EFH.
8. Who are the EFH contacts in Alaska?
For more information contact the Habitat Conservation Division at (907) 586-7636 (SE Alaska) or (907) 271-5006 (rest of Alaska), email HCD_Alaska@noaa.gov, or see the list of HCD support staff and fisheries biologists' contact information.
EFH Consultation Information
1. What triggers an EFH Consultation?
An EFH Consultation is triggered when a federal agency, or its designee, determines that an action to be authorized, funded, or undertaken by the agency may adversely affect EFH.
2. What does 'adversely affect' mean?
An 'adverse effect' is any impact that reduces the quality and/or quantity of EFH. Adverse effects may include direct or indirect physical, chemical, or biological alterations of the waters or substrate and loss of, or injury to, benthic organisms, prey species and their habitat, and other ecosystem components, if such modifications reduce the quality and/or quantity of EFH. Adverse effects to EFH may result from actions occurring within EFH or outside of EFH and may include site-specific or habitat-wide impacts, including individual, cumulative, or synergistic consequences of actions.
3. What are a few examples of actions that affect EFH?
Common activities that may adversely affect EFH include port development, marine disposal of dredged materials, development of coastal wetlands, coastal transportation projects such as roadways, pollutant discharges, and certain resource extraction activities such as mining, logging, and oil and gas exploration. More detailed effect discussions are contained in Appendix B – Fishing Activities and Appendix G – Non-fishing Activities within the EFH FEIS.
4. What do federal agencies need to do?
A federal action agency, or its official designee, must determine whether its actions may adversely affect EFH. If the agency determines that an action may adversely affect EFH, the action agency must prepare an EFH Assessment. If the action would not adversely affect EFH, then the agency should document this determination in its record.
5. What is in an EFH Assessment?
An EFH Assessment is an objective review of the impact an action may have on fish and their habitat. An EFH Assessment includes:
- a description of the action
- an analysis of the potential adverse effects of the action on EFH and the managed species
- the agency’s conclusions regarding the effects of the action on EFH
- and proposed mitigation, if applicable
6. Is the State of Alaska required to consult on EFH?
No. State agencies are not required to consult with NOAA Fisheries on their activities. However, a state action that also requires a federal permit, license, or funding may require consultation between NOAA Fisheries and the federal action agency.
7. Are private landowners required to consult for projects on their land?
No. However, should a private action require a federal permit, EFH consultation between the permitting agency and NOAA Fisheries is required if the action adversely affects EFH. For example, for projects in areas identified as EFH, consultation between NOAA Fisheries and the Army Corps of Engineers will take place using the Clean Water Act section 404 permit process.
8. When does EFH consultation begin?
EFH consultation begins when a federal agency contacts NOAA Fisheries and requests review of an EFH Assessment.
9. Where does EFH Consultation Guidance exist?
The EFH regulations at 50 CFR 600 Subpart K establish procedures for interagency coordination and consultation regarding actions that may adversely affect EFH. The preamble provides background information and addresses many issues raised through public comment. Federal agencies and the public may also refer to the EFH Consultation Guidance and EFH Assessment Guidance.
10. Are there initial steps an action agency can take before contacting NOAA Fisheries?
Yes. On-line information sources are available to assist federal agencies and the public. EFH Map Descriptions depict the area of EFH for each life stage of fish managed under a Fishery Management Plan within the Gulf of Alaska, Bering Sea, and Aleutian Islands. EFH Text Descriptions identify EFH for each life stage of managed fish species. If these tools do not provide adequate information for you to identify EFH at a given location, please contact the Habitat Conservation Division at (907) 586-7636 (SE Alaska) or (907) 271-5006 (rest of Alaska), email HCD_Alaska@noaa.gov, or see the list of HCD support staff and fisheries biologists' contact information.
11. Can EFH Assessments be combined with other federal consultations or environmental review processes?
Yes. NOAA Fisheries strongly encourages such efforts to streamline the consultation process. EFH consultation should be consolidated, where appropriate, with interagency consultation, coordination and environmental review procedures required by other statutes such as the National Environmental Policy Act (NEPA), Fish and Wildlife Coordination Act, CleanWater Act, Endangered Species Act (ESA), and Federal Power Act. EFH consultation requirements can be satisfied using existing review procedures if they provide NOAA Fisheries timely notification of actions that may adversely affect EFH and the notification meets the requirements of an EFH Assessment (see question 5).
12. If EFH overlaps with ESA, are two individual consultations considered?
No. Both ESA and EFH considerations can be handled under one unified consultation. Though EFH Assessments have their own information requirements, federal agencies are encouraged to incorporate an EFH Assessment into documents prepared for other purposes such as an ESA Biological Assessment or NEPA documents and public notices.
13. After a federal agency consults, what must NOAA Fisheries do?
NOAA Fisheries will provide conservation recommendations to the action agency within 30 days of the proposed action, or within existing review procedures.
14. What is required of the federal action agency once it receives EFH conservation recommendations from NOAA Fisheries?
Within 30 days after receiving a conservation recommendation from NOAA Fisheries, the federal agency is required to provide a detailed written response to NOAA Fisheries. This response must include a description of measures proposed for avoiding, mitigating, or offsetting the impact of the activity on EFH.
15. Are federal agencies required to accept NOAA Fisheries conservation recommendation(s)?
No. EFH recommendations are advisory and non-binding to the federal action agency. However, in the case of a response from a federal agency that is inconsistent with the NOAA Fisheries recommendations, the federal agency must explain in writing its reasons for not following the recommendations.
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