In 1996, the MSFCMA was
reauthorized and amended by the Sustainable
Fisheries Act (SFA).
The SFA provides a new habitat conservation tool in the form of the EFH mandate.
The EFH mandate requires that the regional FMCs, through federal Fishery
Management Plans (FMPs), describe and identify EFH for each federally managed
species, minimize to the extent practicable adverse effects on such habitat
caused by fishing, and identify other actions to encourage the conservation and
enhancement of such habitats.
Congress defines EFH as
“those waters and substrate necessary to fish for spawning, breeding, feeding,
or growth to maturity” (16 U.S.C. 1802[10]). The term “fish” is defined in the
SFA as “finfish, mollusks, crustaceans, and all other forms of marine animals
and plant life other than marine mammals and birds.” The regulations for
implementing EFH clarify that “waters” include all aquatic areas and their
biological, chemical, and physical properties, while “substrate” includes the
associated biological communities that make these areas suitable fish habitats
(50 CFR 600.10). Habitats used at any time during a species’ life cycle (i.e.,
during at least one of its life stages) must be accounted for when describing
and identifying EFH (NMFS 2002).
Authority to implement
the SFA is given to the Secretary of Commerce through the NMFS. The SFA requires
that the EFH be identified and described for each federally managed species. The
identification must include descriptive information on the geographic range of
the EFH for all life stages, along with maps of the EFH for life stages over
appropriate time and space scales. Habitat requirements must also be identified,
described, and mapped for all life stages of each species. The NMFS and regional
FMCs determine the species distributions by life stage and characterize
associated habitats, including HAPC.
The SFA requires
federal agencies to consult with the NMFS on activities that may adversely
affect EFH. For actions that affect a threatened or endangered species, its
critical habitat, and its EFH, federal agencies must initiate both ESA and EFH
consultations. In 2002, the EFH Final Rule was authorized, which simplified EFH
regulations (NMFS 2002). Significant changes delineated in the EFH Final Rule
are: (1) clearer standards for identifying and describing EFH, including the
inclusion of the geographic boundaries and a map of the EFH, as well as guidance
for the FMCs to distinguish EFH from other habitats; (2) more guidance for the
FMCs on evaluating the impact of fishing activities on EFH and clearer standards
for deciding when FMCs should act to minimize the adverse impacts; and (3)
clarification and reinforcement of the EFH consultation procedures (NMFS 2002).
The process by which federal agencies can integrate MSFCMA EFH consultations
with ESA Section 7 consultations is described in NMFS (2002). |
