The Magnuson-Stevens Fishery Conservation and Management Act is the federal law that governs U.S. marine fisheries management. In 1996 Congress added new habitat conservation provisions to that act in recognition of the importance of fish habitat to productivity and sustainability of U.S. marine fisheries.

Congress asserted in the Findings section of the Magnuson-Stevens Act: One of the greatest long-term threats to the viability of commercial and recreational fisheries is the continuing loss of marine, estuarine, and other aquatic habitats. Habitat considerations should receive increased attention for the conservation and management of fishery resources of the United States.

The re-named Magnuson-Stevens Act mandated identification of essential fish habitat for managed species. The act also requires measures to conserve and enhance the habitat needed by fish to carry out their life cycles. The Magnuson-Stevens Act requires cooperation among NOAA Fisheries Service, fishery management councils, fishing participants, federal and state agencies, and others in achieving EFH protection, conservation and enhancement.

Congress defined EFH as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity." The EFH guidelines further interpret the EFH definition as:

• 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.

John Stadler
Acting Northwest Regional EFH Coordinator
360-753-9576