EFH Regulatory Guidelines
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 J: Essential Fish Habitat
description and identification, habitat areas of particular concern, and minimizing
adverse effects of fishing on EFH to the extent practicable.
600.805 - Subpart
J Purpose and Scope
600.810 - Subpart J
Definitions
600.815 - Subpart
J Contents of Fishery Management Plans
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
