Under the Magnuson Stevens Act (MSA) all Federal agencies must consult on any action they authorize, fund, or undertake, or propose to authorize, fund, or undertake if they determine their actions may adversely affect essential fish habitat (EFH). EFH is defined as defined as those waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity (16 U.S.C. 1802 (10)). Permits are not issued under this authority. NOAA provides conservation recommendations to Federal action agencies to minimize the projects potential adverse effect on EFH. Federal agencies must respond in writing to these conservation recommendations describing actions they will take to avoid, minimize, or mitigate for the impacts to EFH. More information may be found at: https://www.fisheries.noaa.gov/national/habitat-conservation/consultations-essential-fish-habitat
Magnuson Stevens Fishery Conservation and Management Act Section 305 Essential Fish Habitat EFH Consultation
Permit/Review
Responsible Agency/Bureau
Project Type
All
Activity/Trigger
Federal actions that the action agency determines has the potential to have adverse effects to essential fish habitat.
Description
Statute/Regulations
Magnuson‐Stevens Fishery Conservation and Management Act (16 USC 1801‐1891(d)) Section 305(b)
Editorial Category