50 CFR § 600.905-600.930 - Magnuson-Stevens Act Provisions - EFH Coordination, Consultation, and Recommendations.

This Subpart of Part 600 of the Code of Federal Regulations concerns coordination, consultation, and recommendation requirements of sections 305(b)(1)(D) and 305(b)(2–4) of the Magnuson-Stevens Act. The purpose of these procedures is to promote the protection of Essential Fish Habitat (EFH) in the review of Federal and state actions that may adversely affect EFH. Section 305(b)(1)(D) of the Magnuson-Stevens Act requires the Secretary to coordinate with, and provide information to, other Federal agencies regarding the conservation and enhancement of EFH. Section 305(b)(2) requires all Federal agencies to consult with the Secretary on all actions or proposed actions authorized, funded, or undertaken by the agency that may adversely affect EFH. The Federal agency should notify the National Marine Fisheries Service (NMFS) in writing as early as practicable regarding actions that may adversely affect EFH. For any Federal action that may adversely affect EFH, Federal agencies must provide NMFS with a written assessment of the effects of that action on EFH.