Types of Consultations

The EFH final rule provides for five types of consultations for agency actions that may adversely affect EFH. These consultations range in level of detail, and the selection of a particular approach for handling EFH consultation depends on the nature and scope of the actions that may adversely affect EFH.

• Existing Procedures

EFH consultation can be combined with existing environmental review procedures, such as those used under the National Environmental Policy Act and the Endangered Species Act, to streamline the consultation requirements of the Magnuson-Stevens Act and avoid duplication with other environmental reviews.

• Programmatic Consultation

Federal agencies and NOAA Fisheries may consult on a programmatic basis (i.e., on a group of similar actions that fall within a program). In most cases, when EFH Conservation Recommendations are accepted by the action agency, no further consultation will be required.

• General Concurrence

A General Concurrence identifies specific types of federal actions that may adversely affect EFH, but for which no further consultation will generally be required. In order to issue a general concurrence, NOAA Fisheries must determine that the actions do not cause greater than minimal adverse effects on EFH, either individually or cumulatively.

• Abbreviated Consultation

Abbreviated consultation is only completed if no General Concurrence, programmatic consultation, or existing environmental review process is available or appropriate for the federal action. Abbreviated consultation is performed for those projects that may have an adverse effect on EFH, but that effect will not be substantial.

• Expanded Consultation

Expanded consultation should be completed when no General Concurrence, programmatic consultation, or existing environmental review process is available or appropriate for the federal action, and that action may result in substantial adverse effects on EFH. Procedures for expanded consultation allow for more detailed analysis of effects and more time for NOAA Fisheries to coordinate with the action agency and develop EFH Conservation Recommendations.