Non-Federal Actions 

• State Agencies: State agencies are not required to consult with NOAA Fisheries or respond to any EFH Conservation Recommendations NOAA Fisheries provides. However, NOAA Fisheries is required by the Magnuson-Stevens Act to make EFH Conservation Recommendations to state agencies if their actions would adversely impact Essential Fish Habitat.

• Private Landowners : Private landowners have NO responsibilities to consult with NOAA Fisheries. Consultation is required ONLY if the project is funded, permitted, or authorized by a federal agency and the project may adversely affect Essential Fish Habitat. In that case, the consultation with NOAA Fisheries will be undertaken by the appropriate federal action agency.