Subpart K

The EFH Regulations provide clear guidance and efficient procedures for Councils, NOAA Fisheries, and other agencies. Noteworthy elements include:

• Description and Identification of EFH: (1) clear standards for identifying EFH, including requirements to refer to geographic boundaries and to provide maps; (2) guidance encouraging Councils to distinguish EFH from all potential habitats

• Evaluation of Fishing Activities that May Adversely Affect EFH: (1) specific guidance on what information Councils should provide in the evaluation; (2) clear standards for deciding when Councils must act to minimize adverse effects

• EFH Consultation Procedures: (1) reinforcement of NOAA Fisheries’ preference for combining EFH consultations with other environmental reviews (e.g., NEPA, Clean Water Act) to promote efficiency; (2) streamlined procedures for developing General Concurrences (which eliminate the need for individual consultations on actions with minimal impacts to EFH); (3) clarification that for relatively simple actions, the federal agency’s written assessment of effects to EFH may be very brief.

EFH Final Rule (50 CFR 600)

Subpart K: EFH Coordination, Consultation, and Recommendations

600.905 - Subpart K Purpose and Scope
600.910 - Subpart K Definitions
600.915 - Subpart K Coordination for the conservation and enhancement of EFH
600.920 - Subpart K Federal agency consultation with the Secretary
600.925 - Subpart K NMFS EFH Conservation Recommendations to Federal and state agencies
600.930 - Subpart K Council comments and recommendations to Federal and state agencies