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 coastal and offshore areas affected by the Ocean Wind Project and associated transmission system. The proposed action may adversely affect these resources, therefore EFH consultation is required. Based on anticipated adverse impacts to EFH, an expanded consultation will be required. The final consultation completion date is contingent upon NOAA Fisheries receiving sufficient information to initiate EFH consultation.
Also note that NMFS has authorities under the Fish and Wildlife Coordination Act for this project. NMFS expects the coordination and consultation under the Fish and Wildlife Coordination Act to be concurrent with the EFH consultation.
Milestones:
This reflects the anticipated date of receipt of initial EFH Assessment from BOEM and reflects the beginning of the cooperating agency review for the DEIS. EFH consultation request is set to be concurrent with receipt of the preliminary DEIS for cooperating agency review. Meeting this milestone target date is contingent upon NOAA Fisheries receiving an EFH Assessment from the lead agency by the date provided.
EFH consultation initiation is contingent upon NOAA Fisheries receiving sufficient information (a complete EFH assessment) from BOEM to initiate EFH consultation. EFH consultation is expected to be initiated at least 60 days after the issuance of the NOA of the DEIS, aligned with the ESA consultation, to allow adequate time to review the incoming materials and ensure receipt of complete information prior to initiation of consultation. The EFH assessment should be provided with the NOA of the DEIS, and no later than 60 days prior to this milestone date (i.e., the EFH Assessment is needed by July 14, 2022) to ensure the consultation can be initiated by the above milestone date.
Issuance of EFH Conservation Recommendations is dependent upon the magnitude of adverse effects and the extent to which BMPs abate those adverse effects. NMFS has 70 days from the date consultation is initiated to provide EFH Conservation Recommendations. BOEM has agreed to provide additional time (over the statutory 60 days) due to the anticipated number of overlapping projects.