Essential Fish Habitat

The Call to Address Essential Fish Habitat
In 1996, Congress added new habitat conservation provisions to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the federal law that governs U.S. marine fisheries management. In that Act, Congress asserted the following:

“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 (16 U.S.C. 1801 (A)(9)).”

The Magnuson-Stevens Act mandates the identification of essential fish habitat (EFH) for managed species as well as the creation of measures to conserve and enhance the habitat necessary for fish to carry out their life cycles. The Act calls for cooperation among the National Marine Fisheries Service (NMFS), regional fishery management councils, fishing participants, federal and state agencies, and others in achieving EFH protection, conservation, and enhancement.

What is Required?
Federal agencies must provide the NMFS with an EFH assessment for actions that may adversely affect EFH. An EFH assessment must contain:

• A description of the proposed action
• An analysis of the effects, including cumulative effects of the proposed action on EFH and managed species
• The federal agency’s conclusions regarding the effects of the action on EFH
• Proposed mitigation, if applicable

The level of detail in an EFH assessment should be commensurate with the potential impacts to EFH. The EFH consultation allows the federal action agency to determine the degree of impact to EFH from the proposed action. The federal action agency’s EFH determination dictates the type of EFH consultation required with NMFS.

Although NMFS requires that the federal action agency submit the EFH assessment, the applicant (or consultant) is primarily responsible for preparing the consultation. The applicant submits the assessment as a completeness item for projects involving EFH. Preparation of the EFH consultation necessitates extensive knowledge of the EFH designations, managed fisheries species, habitat areas of particular concern, the Magnuson-Stevens Act (including adopted, pending, and developing amendments), the structure and process of the Councils, and current status of EFH. Results of the EFH consultation may be incorporated in the environmental review required by government regulations, such as those contained in the National Environmental Policy Act, Endangered Species Act, and Clean Water Act.

What PBS&J Can Do for Your Project
PBS&J has served the environmental and engineering needs of business, industry, and government throughout the United States since the firm was founded in 1960. We are dedicated to anticipating client needs and assisting in the response to regulatory changes as part of our continued commitment to clients.

In support of EFH requirements, we provide EFH review and consultation services to clients across the U.S. and Caribbean. Our professionals are familiar with requirements of EFH reviews and have extensive background in fisheries and related fields. The PBS&J team is committed to providing clients with thorough, timely, cost-efficient services to meet all requirements of the EFH review process.

Our comprehensive services include: