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

Project Name:
Port of Corpus Christi Authority Channel Deepening Project
Responsible Agency:
National Oceanic and Atmospheric Administration
Agency Status: Cooperating under FAST-41
Status:
Complete
POC Name:
Rusty Swafford
POC Title:
HCD
POC Email:
rusty.swafford@noaa.gov
Action Outcome:
One or more EFH conservation recommendations are issued

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). 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)
  • Environmental Impact Statement (EIS) : Official Notice of Availability of a Draft EIS published in the Federal Register (FR) beginning both the public comment period and concurrent CAA Section 309 Review (Agency Action)
    - Completed Date: 06/10/2022
  • Environmental Impact Statement (EIS) : Official Notice of Availability of a Draft EIS published in the Federal Register (FR) beginning both the public comment period and concurrent CAA Section 309 Review (Agency Action)
    - Completed Date: 06/10/2022
Completed Date:
Milestone Details

This reflects the anticipated date of receipt of the initial EFH Assessment from the USACE. EFH consultation request expected to be concurrent with the lead agency’s issuance of the Draft EIS. 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 lead agency to initiate EFH consultation.

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.


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