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EFH Statute & Regulations

In 1996, Congress made significant revisions to the Magnuson-Stevens Act and refined the focus of fisheries management by emphasizing the need to protect fish habitat. Specifically, the Act required that fishery management plans identify as essential fish habitat (EFH) those areas that are necessary to fish for their basic life functions. EFH is defined as “...those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity.” “Waters” include aquatic areas and their associated physical, chemical, and biological properties that are used by fish. “Substrate” includes sediment, hard bottom, structures underlying the waters, and associated biological communities. “Necessary” means the habitat required to support a sustainable fishery and the managed species’ contribution to a healthy ecosystem; and “spawning, breeding, feeding, or growth to maturity” covers a species’ full life cycle.

The Magnuson-Stevens Act requires the National Marine Fisheries Service (NOAA Fisheries) and regional fishery management councils to minimize, to the extent practicable, adverse effects to EFH caused by fishing activities. The Act also requires federal agencies to consult with NOAA Fisheries about actions that could damage EFH.

 
 
 
 
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