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Essential Fish Habitat
Essential Fish Habitat (EFH) was defined by the U. T. Congress in the 1996 amendments to the Magnuson-Stevens Fishery Conservation and Management Act, or Magnuson-Stevens Act, as "those waters and substrate needed to fish for spawning, breeding, feeding or growth to maturity. "|1| Implementing regulations clarified that lakes and rivers include all aquatic areas and their physical, chemical, and biological properties; substrate involves the associated biological organizations that make these areas suitable for fish habitats, and the information and identification of EFH should include habitats used anytime during the species' life spiral.|2| EFH comes with all types of aquatic habitat, just like wetlands, coral reefs, sand, seagrasses, and rivers.|3|
NOAA Fisheries works with the regional fishery management local authorities to designate EFH making use of the best available scientific information. EFH has been described for more than a 1, 000 managed types to date.|4| The key purpose of EFH regulations should be to minimize the adverse effects of fishing and non sportfishing impacts on EFH to the maximum extent practicable.
In 1996, the Magnuson-Stevens Fishery Conservation and Management Action was amended to establish a new requirements to identify and explain EFH to protect, conserve and enhance EFH for the main advantage of the fisheries.|5| The Magnuson-Stevens Act provides jurisdiction over the management and conservation of marine fish species. Federal agencies must consult with NOAA Fisheries the moment their actions or actions may adversely affect home identified by federal regional fishery management councils or NOAA Fisheries as EFH.|6| On 12 19, 1997, interim final rules were published in the Federal Register (Vol. sixty two, No . 244) which designate procedures for implementation with the EFH provisions of the Magnuson-Stevens Act.|7| These types of rules were amended by publication of final rules in January 17, 2002 (Vol. 67, No . 12).|8| he rules, in two subparts, address requirements for fishery management program (FMP) amendment, and details the coordination, consultation, and recommendation requirements of the Magnuson-Stevens Act.
Effects from certain fishing methods and coastal and marine development and may alter, destruction, or destroy habitats essential for fish. NOAA Fisheries, the regional fishery management local authorities (FMCs), and other federal agencies work together to minimize these hazards.|13| Congress has established councils to classify unfavorable influences on fishes in relation to types of fishing gear, coast developments and non-point and point source pollution, as well as, evaluating how well every fishery is managed. The FMCs, with assistance from NOAA Fisheries, has delineated EFH for federally managed species. As new FMPs happen to be developed, EFH for newly managed species will also be identified.|14| FMPs need to describe and identify EFH for the fishery, decrease to the extent practicable the adverse effects of fishing on EFH, and identify additional actions to encourage the conservation and enhancement of EFH.
Through consultations, NOAA Fisheries can recommend ways federal agencies can avoid or minimize the adverse effects of their actions for the habitat of federally maintained commercial and recreational the fishing industry.|16| Federal actions agencies which fund, permit, or carry out activities which may adversely affect EFH have to consult with NOAA Fisheries.|17| The federal actions agency must provide NOAA Fisheries with an evaluation of all actions or offered actions authorized, funded, or perhaps undertaken by the agency which may adversely affect EFH.|18| Then NOAA Fisheries will provide the federal action agency with EFH Resource efficiency recommendations.|19| These kinds of Conservation Recommendations provide information on how to prevent, minimize, mitigate, or balance those adverse effects.|20| Federal action agencies need to provide a written explanation to NOAA Fisheries if some of these recommendations have not been followed.|21| NOAA Fisheries must also include measures to reduce the adverse effects of fishing gear and fishing activities on EFH as well.|22| In addition , NOAA The fishing industry and the FMCs may comment on and make recommendations to any state agency on their activities which may affect EFH.|23|
Most consultations are done inside the NMFS regional offices: Higher Atlantic Regional Fisheries Workplace (GARFO), Southeast Regional Business office (SERO), West Coast Regional Office (WCRO), Alaska Territorial Office (AKRO), and Pacific Islands Regional Office (PIRO). National consultations spanning multiple regions can be done at NOAA Fisheries Headquarters.
State businesses and private landowners are not necessary to consult with NMFS. EFH services are required if the federal government provides authorized, funded, or performed part or all of a proposed activity, and if the action will adversely influence EFH.|24| Detrimentally affecting EFH includes immediate or indirect physical, substance or biological alterations with the waters or substrate and loss of, or injury to species and their habitat, and other ecosystem components, or reduction of the quality and/or quantity of EFH.
Home areas of particular concern or HAPCs are considered high priority areas for conservation, administration, and research.|26| HAPCs are subsets of EFH that merit work because they meet at least one of the following some criteria:
provide important ecological function;
are sensitive to environmental degradation;
include a natural environment type that is/will come to be stressed by development;
add a habitat type that is rare.|27|
Current HAPCs contain important habitats like estuaries, canopy kelp, corals, seagrass, and rocky reefs, amongst other areas of interest. HAPCs are afforded the same regulatory security as EFH and do not leave out activities from occurring in the area, such as fishing, snorkeling, swimming or surfing.
Essential Fish Habitat is specified for all federally managed fish under the MSA whereas Critical Habitat is designated to get the survival and recovery of species listed since threatened or endangered within the Endangered Species Act (ESA).|29| Critical case include areas occupied by the threatened or endangered kinds that include physical and organic features that are essential to the conservation of the species.|30| Critical Habitat is certainly designated as critical at that time a species is listed beneath the ESA.|31| EFH and Critical Habitat differ in terms of designation and regulation, but they may overlap for sure species such as salmon.|32|
An environment characteristics include sediment type, type of bottoms (sand, silt and clay), structures base the water surface, and marine community structures. These refuge are essential for fish and ecosystem health. The fundamental habitat structure begins with sediment. Erosion is stabilized by simply submerged aquatic vegetation. There are two main types of bottoms, hard and very soft.|33| A study simply by Christensen at el. (2004) looked at three bottom environment types (vegetated marsh border, submerged aquatic vegetation, and shallow non-vegetated bottom) pertaining to juvenile brown shrimp (Farfantepenaeus aztecus). The results from the research showed that brown shrimp selected vegetated areas in salinities 15-25 ppt and would select vegetated areas over marsh edges when they co-occurred. Finding the areas that had the highest abundance helped to identify EFH of teen brown shrimp.|34|
Hard bottom also known as coral reefs or live bottom provides hard complex vertical framework for attachment of a sponge, seaweed, and coral, which support a diverse reef seafood community.|35| This kind of community can comprise invertebra, coral, hard coral, bryozoans, ploychaete worms, tunicates, many different fin-fishes, alga, and sponges. Areas of compacted or sheered mud and sediment also are a form of hard bottom.|36|
Soft bottom consists of unconsolidated sediment and unvegetated areas. In some regions soft bottoms are not protected even though they may be primary nursery areas, anadromous fish spawning areas, and anadromous nursery areas. Characteristics that affect soft lower side in relation to organisms that employ them include sediment materials size, salinity, dissolved air and flow.
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