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Essential Fish Habitat
Imperative Fish Habitat (EFH) was defined by the U. S. Congress in the 1996 amendments to the Magnuson-Stevens Fishery Preservation and Management Act, or Magnuson-Stevens Act, as "those waters and substrate important to fish for spawning, breeding, nourishing or growth to maturity. "|1| Employing regulations clarified that oceans include all aquatic areas and their physical, chemical, and biological properties; substrate comes with the associated biological communities that make these areas appropriate for fish habitats, and the information and identification of EFH should include habitats used anytime during the species' life circuit.|2| EFH includes all types of aquatic habitat, including wetlands, coral reefs, yellow sand, seagrasses, and rivers.|3|
NOAA Fisheries works with the regional fishery management councils to designate EFH making use of the best available scientific data. EFH has been described for over a 1, 000 managed varieties to date.|4| The key purpose of EFH regulations is always to minimize the adverse effects of fishing and non fishing impacts on EFH to the maximum extent practicable.
In 1996, the Magnuson-Stevens Fishery Conservation and Management Act was amended to establish a brand new requirements to identify and identify EFH to protect, conserve and enhance EFH for the benefit of the fisheries.|5| The Magnuson-Stevens Act possesses jurisdiction over the management and conservation of marine seafood species. Federal agencies must consult with NOAA Fisheries when their actions or actions may adversely affect environment identified by federal local fishery management councils or NOAA Fisheries as EFH.|6| On December 19, 1997, interim last rules were published in the Federal Register (Vol. 62, No . 244) which designate procedures for implementation with the EFH provisions of the Magnuson-Stevens Act.|7| These kinds of rules were amended simply by publication of final rules in January 17, 2002 (Vol. 67, No . 12).|8| he rules, in two subparts, address requirements for fishery management system (FMP) amendment, and depth the coordination, consultation, and recommendation requirements of the Magnuson-Stevens Act.
Affects from certain fishing routines and coastal and marine development and may alter, destruction, or destroy habitats essential for fish. NOAA Fisheries, the regional fishery management councils (FMCs), and other federal organizations work together to minimize these risks.|13| Congress has created councils to classify unfavorable affects on fishes in relation to types of fishing gear, coast developments and nonpoint and point source pollution, as well as, evaluating how well each fishery is managed. The FMCs, with assistance from NOAA Fisheries, has delineated EFH for federally managed variety. As new FMPs are developed, EFH for newly managed species will also be defined.|14| FMPs must describe and identify EFH for the fishery, decrease to the extent practicable the adverse effects of fishing about EFH, and identify various other actions to encourage the conservation and enhancement of EFH.
Through consultations, NOAA Fisheries can recommend ways federal agencies may avoid or minimize the adverse effects of their actions around the habitat of federally been able commercial and recreational the fishing industry.|16| Federal action agencies which fund, license, or carry out activities that may adversely affect EFH must consult with NOAA Fisheries.|17| The federal action agency must provide NOAA Fisheries with an analysis of all actions or suggested actions authorized, funded, or undertaken by the agency which may adversely affect EFH.|18| Then NOAA The fishing industry will provide the federal action agency with EFH Preservation recommendations.|19| These types of Conservation Recommendations provide information on steer clear of, minimize, mitigate, or balance out those adverse effects.|20| Federal action agencies must provide a written explanation to NOAA Fisheries if these recommendations have not been used.|21| NOAA Fisheries must also include measures to reduce the adverse effects of reef fishing gear and fishing actions on EFH as well.|22| In addition , NOAA The fishing industry and the FMCs may comment on and make recommendations to the state agency on their actions which may affect EFH.|23|
Most consultations are done inside the NMFS regional offices: Increased Atlantic Regional Fisheries Office (GARFO), Southeast Regional Business office (SERO), West Coast Territorial 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 organizations and private landowners are not forced to consult with NMFS. EFH discussions are required if the federal government possesses authorized, funded, or carried out part or all of a proposed activity, and if the action will adversely have an effect on EFH.|24| Detrimentally affecting EFH includes direct or indirect physical, substance or biological alterations of the waters or substrate and loss of, or injury to varieties and their habitat, and other ecosystem components, or reduction from the quality and/or quantity of EFH.
Habitat areas of particular concern or perhaps HAPCs are considered high main concern areas for conservation, control, and research.|26| HAPCs are subsets of EFH that merit work because they meet for least one of the following 5 criteria:
provide important environmental function;
are sensitive to environmental degradation;
include a environment type that is/will get stressed by development;
add a habitat type that is uncommon.|27|
Current HAPCs involve important habitats like estuaries, canopy kelp, corals, seagrass, and rocky reefs, between other areas of interest. HAPCs are afforded the same regulatory coverage as EFH and do not leave out activities from occurring inside the area, such as fishing, diving, swimming or surfing.
Fundamental Fish Habitat is specified for all federally managed seafood under the MSA whereas Important Habitat is designated pertaining to the survival and recovery of species listed since threatened or endangered underneath the Endangered Species Act (ESA).|29| Critical habitats include areas occupied by the threatened or endangered species that include physical and scientific features that are essential to the conservation of the species.|30| Critical Habitat is designated as critical at that moment a species is listed under the ESA.|31| EFH and Critical Habitat vary in terms of designation and rules, but they may overlap for several species such as salmon.|32|
Natural environment characteristics include sediment type, type of bottoms (sand, silt and clay), structures base the water surface, and marine community structures. These case are essential for fish and ecosystem health. The fundamental environment structure begins with sediment. Erosion is stabilized simply by submerged aquatic vegetation. There are two main types of bottoms, hard and delicate.|33| A study simply by Christensen at el. (2004) looked at three bottom an environment types (vegetated marsh advantage, submerged aquatic vegetation, and shallow non-vegetated bottom) regarding juvenile brown shrimp (Farfantepenaeus aztecus). The results from the study showed that brown shrimp selected vegetated areas in salinities 15-25 ppt and would select vegetated areas over marsh edges every time they co-occurred. Finding the areas that had the highest abundance helped to identify EFH of young , small 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 fish community.|35| This kind of community can comprise invertebra, coral, hard coral, bryozoans, ploychaete worms, tunicates, various fin-fishes, alga, and a dry sponge. Areas of compacted or sheered mud and sediment can also be a form of hard bottom.|36|
Soft bottom consists of unconsolidated sediment and unvegetated areas. In some regions soft feet are not protected even though they could be primary nursery areas, anadromous fish spawning areas, and anadromous nursery areas. Qualities that affect soft lower part in relation to organisms that use them include sediment feed size, salinity, dissolved breathable oxygen and flow.
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