What is Essential Fish Habitat?
Living marine resources constitute valuable and renewable resources
that contribute to the food supply, economy, welfare, health, and recreational
opportunities of the Nation. In 1976, the Magnuson Fishery Conservation
and Management Act (Magnuson Act) established a management system to more
effectively utilize the marine fishery resources of the United States.
It established eight Regional Fishery Management Councils (Councils), consisting
of representatives with expertise in marine or anadromous fisheries from
the constituent states. In order to develop fishery management plans (FMPs)
for the conservation and management of fishery resources, Councils use
input from the Secretary of Commerce (Secretary), the public, and panel
of experts. After approval by the Secretary, the National Marine Fisheries
Service (NMFS) implements and enforces the management measures in the FMP.
As amended in 1986, the Magnuson Act required Councils to evaluate the
effects of habitat loss or degradation on their fishery stocks and take
actions to mitigate such damage. In 1996, this responsibility was expanded
to ensure additional habitat protection.
On October 11, 1996, the Sustainable Fisheries Act (Public Law
104-297) became law which, among other things, amended the habitat provisions
of the Magnuson Act. The re-named Magnuson-Stevens Act (Act) calls for
direct action to stop or reverse the continued loss of fish habitats. Toward
this end, Congress mandated the identification of habitats essential to
managed species and measures to conserve and enhance this habitat. The
Act requires cooperation among NMFS, the Councils, fishing participants,
Federal and state agencies, and others in achieving the essential fish
habitat (EFH) goals of habitat protection, conservation, and enhancement.
Essential fish habitat means those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity(Magnuson-Stevens Act, 16 U.S.C. 1801 et seq). For the purpose of interpreting the definition of essential fish habitat: Waters include aquatic areas and their associated physical, chemical, and biological properties that are used by fish and may include aquatic areas historically used by fish where appropriate; 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 (EFH Interim Final Rule, 62 FR 66531).
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