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Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consultation

Project Name: Responsible Agency:
National Oceanic and Atmospheric Administration
Agency Status: Cooperating under NEPA
Status:
Complete
POC Name:
Jessie Murray
POC Title:
Marine Habitat Resource Specialist
Action Outcome:
NOAA determines that no conservation recommendations are necessary

Description:

Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) requires federal agencies to consult with NOAA Fisheries on any action or proposed action that may adversely affect Essential Fish Habitat (EFH). EFH exists throughout all of the area affected by the Nassau County Back Bays project area. The proposed action may adversely affect these resources, therefore EFH consultation is required.  The final consultation completion date is contingent upon NOAA Fisheries receiving sufficient information to initiate EFH consultation.

Milestones:

EFH Consultation Request Submitted – EFH Assessment (Agency Action)
Completed Date:
Milestone Details

This reflects the anticipated date of receipt of initial EFH Assessment from the USACE. Meeting this milestone target date is contingent upon NOAA Fisheries receiving an EFH Assessment from the lead agency by the date provided.

NOAA determines EFH Assessment is Complete (Agency Action)
Completed Date:
Milestone Details

EFH consultation initiation is contingent upon NOAA Fisheries receiving sufficient information (a complete EFH assessment) from the DOT to initiate EFH consultation.  EFH consultation is expected to be initiated concurrent with the issuance of the DEIS.  Any additional information requested upon receipt of an initial EFH Assessment should be provided by the date above.

NOAA Issues any EFH Conservation Recommendations (Agency Action)
Completed Date:
Milestone Details

Issuance of EFH Conservation Recommendations is dependent upon the magnitude of adverse effects and the extent to which BMPs abate those adverse effects.