The Consultation Process

EFH consultation provides an opportunity for NOAA Fisheries to recommend ways for federal agencies to avoid or minimize the effects of their actions on habitat that supports federally managed commercial and recreational fisheries.

The procedures for EFH consultation are outlined at 50 CFR 600.920 in the EFH final rule. Consultation is generally initiated when a federal agency notifies ( EXAMPLE 1, EXAMPLE 2) NOAA Fisheries of an action that may adversely affect EFH, and provides NOAA Fisheries with an EFH Assessment of the action ( EXAMPLE 1(Abbreviated); EXAMPLE 2 (Expanded); EXAMPLE 3 (Expanded)) . In response to the EFH Assessment, NOAA Fisheries provides the federal agency with EFH Conservation Recommendations (EXAMPLE 1, EXAMPLE 2, EXAMPLE 3 ) to avoid, minimize, mitigate, or otherwise offset adverse effects on EFH. Federal agencies must provide a detailed response in writing (EXAMPLE 1, EXAMPLE 2) to NOAA Fisheries that includes proposed measures for avoiding, mitigating, or offsetting the impact of the proposed activity on EFH. If the federal agency chooses not to adopt NOAA Fisheries’ EFH Conservation Recommendations, it must provide an explanation.

EFH consultation and coordination should be consolidated, where appropriate, with interagency consultation, coordination, and environmental review procedures required by other statutes (such as the National Environmental Policy Act, the Fish and Wildlife Coordination Act, the Clean Water Act, and the Federal Power Act).