Transcript No Slide Title

Mark Sramek
Fishery Management Specialist
NATIONAL MARINE FISHERIES SERVICE
Habitat Conservation Division
St. Petersburg, Florida
NOAA Fisheries’
Essential Fish Habitat Program
Tampa Bay Regional Planning
Council
Agency on Bay Management
Habitat Restoration
Subcommittee
June 9, 2005
NOAA
Who are we?
U. S. Department of Commerce
National Oceanic & Atmospheric
Administration (NOAA)
Five Line Offices:
National Weather Service
(NWS)
The National Weather Service
is the primary source of weather
data, which is utilized by
television weathercasters and
private meteorology companies.
National Environmental
Satellite Data Information
Service (NESDIS)
Operates satellites and
manages data utilized by the
NOAA National Weather
Service (NWS) to create
weather forecasts.
National Ocean Service
(NOS)
NOS is responsible for the
observation, measurement,
assessment and management
of the nation's coastal and
ocean areas.
Office of Oceanic &
Atmospheric Research (OAR)
Enhancing the understanding of
environmental phenomena such as
tornadoes, hurricanes, climate
variability, solar flares, changes in
the ozone, fisheries productivity,
ocean currents, deep sea thermal
vents and coastal ecosystem
health.
National Marine Fisheries
Service (NOAA Fisheries)
The protection and preservation
of the nation's living marine
resources through scientific
research, fisheries
management, enforcement and
habitat conservation.
NOAA Fisheries Mission
The NOAA Fisheries strategic plan
contains three goals:
1.
2.
3.
Protect and restore ocean, coastal
and Great Lake resources
Recover protected species
Rebuild and maintain sustainable
fisheries
NOAA Fisheries Southeast Region
Habitat Conservation Division
St. Petersburg
•Galveston (TX)
•Baton Rouge (LA)
•Panama City (MS, AL & Panhandle FL)
•St. Petersburg (West Central FL)
•Miami (Southeast FL)
•Jacksonville (Northeast FL)
•Charleston (GA & SC)
•Beaufort (NC)
•Puerto Rico (PR/VI)
Essential Fish Habitat
(EFH)
Presentation Discussion:
1.
What is it? Where is it? Managed
Habitats?
2. How has EFH been used in permit
consultations?
Habitat Conservation Division
Southeast Region
Influence State & Federal agency
decisions regarding coastal
development activities
Clean Water Act
Fish & Wildlife Coordination Act
Magnuson-Stevens Fishery
Conservation & Management Act
MAGNUSON-STEVENS ACT
ESSENTIAL FISH HABITAT
“…means those
waters and
substrate necessary
to fish for
spawning,
breeding, feeding,
or growth to
maturity.”
NMFS Statutory Requirement
The Secretary, through NMFS, shall:
•
Develop guidelines by regulation to
assist the Councils to describe and
identify EFH and conservation and
enhancement measures
2002 Final Rule
Fishery Management Plans
New England
•Monkfish
•Multispecies
•Sea Scallops
•Atlantic Salmon
•Atlantic Herring
•Deep Sea Red Crab
•Skates
•Tilefish*
•Spiny Dogfish*
North Pacific
•Groundfish (2)
•High Seas Salmon
•King & Tanner Crab
•Scallop
Mid-Atlantic
•Mackerel, Squid, Butterfish
•Surf Clam & Ocean Quahog
•Atlantic Bluefish
•Summer Flounder, Scup
& Black Sea Bass
Pacific
•Groundfish
•Coastal Pelagic
•Salmon
•Coastal Migratory Pelagics
South Atlantic
Western Pacific
•Crustacean
•Precious Corals
•Pelagics
•Bottomfish/Seamount
Groundfish
•Coral Reef Ecosystem
* Joint Plans
Gulf of Mexico
•Spiny Lobster*
•Coastal Migratory Pelagics*
•Dolphin / Wahoo*
•Calico Scallop
•Snapper-Grouper
•Red Drum
•Coral, Live/Hard Bottom
•Shrimp
•Sargassum
•Spiny Lobster*
•Coastal Migratory Pelagics*
•Coral & Coral Reefs
•Stone Crab
•Shrimp
Caribbean
•Reef Fish Resources
•Queen Conch
•Red Drum
•Corals, Plants and Invertebrates
•Spiny Lobster
•Caribbean Reef Fish
Secretarial
•Atlantic HMS (Tunas,
Swordfish & Sharks)
•Atlantic Billfish
Fishery Management Plans
Southeast Region
South Atlantic FMC
Gulf of Mexico FMC
•Spiny Lobster*
•Coastal Migratory Pelagics*
•Coral & Coral Reefs
•Stone Crab
•Shrimp
•Reef Fish Resources
•Red Drum
* Joint Plans
•Spiny Lobster*
•Coastal Migratory Pelagics*
•Dolphin/Wahoo*
•Snapper-Grouper
•Red Drum
•Coral, Live/Hard Bottom
Secretarial
•Shrimp
•Atlantic HMS (Tunas,
•Calico Scallop
Swordfish & Sharks)
•Sargassum
•Atlantic Billfish
Caribbean FMC
•Queen Conch
•Corals, Plants and Invertebrates
•Spiny Lobster
•Caribbean Reef Fish
Essential Fish Habitat
(EFH)
Presentation Discussion:
1.
What is it? Where is it? Managed
Habitats?
2. How has EFH been used in permit
consultations?
EFH in the Gulf of Mexico
ESTUARINE
•
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Estuarine Emergent Wetlands
Mangrove Wetlands
Submerged Aquatic Vegetation
Algal Flats
Mud, Sand, Shell and Rock Substrates
Estuarine Water Column
EFH in the Gulf of Mexico
MARINE
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Water Column
Vegetated Bottoms
Non-vegetated
Bottoms
Live Bottoms
Coral Reefs
Artificial Reefs
Geologic Features
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Continental Shelf
Features
West Florida Shelf
Mississippi/Alabama
Shelf
Louisiana/Texas Shelf
South Texas Shelf
EFH in the Gulf of Mexico
Habitat Areas of Particular Concern
(HAPC)
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CURRENT (1998):
Apalachicola NERR
Rookery Bay NERR
Weeks Bay NERR
Florida Keys NMS
Flower Garden NMS
Dry Tortugas
Florida Middle Grounds
Grand Bay (MS)
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PROPOSED (2005):
Florida Middle Grounds
Madison-Swanson
Tortugas N/S Reserve
Pulley Ridge
E/W Flower Gardens
NW Gulf Banks (Stetson,
Sonnier, MacNeil, 29 Fathom,
Rankin Bright, Geyer, McGrail,
Bouma, Rezak Sidner, Alderice, and
Jakkula)
Essential Fish Habitat
(EFH)
Presentation Discussion:
1.
What is it? Where is it? Managed
Habitats?
2. How has EFH been used in permit
consultations?
Federal Agency Statutory
Consultation Requirements
“Each Federal agency shall consult with
the Secretary with respect to any
action… that may adversely affect any
essential fish habitat identified under this
Act.”
-- Magnuson-Stevens Act
§305(b)(2)
EFH Consultation Provisions
• Federal agencies must consult with NMFS
on activities which may adversely affect
EFH
• Consultation required for activities proposed
to be authorized, funded, or undertaken
• NMFS will review proposals and, as
appropriate, recommend measures to
conserve EFH
EFH Consultation Provisions
(Cont.)
• Agencies must respond within 30 days of
receiving NMFS comments
• A written response addressing NMFS
conservation recommendations is required
within 10 days of taking final action
• A higher level review of local disagreements
may be requested by the NMFS
EFH Consultation Provisions
(Cont.)
• If more than one responsible federal agency,
consultation may be through a lead agency
• A non-federal representative may be
designated for consultations
• Fishery Management Council CRs
EFH Consultation Steps
for Action Agency
•
•
•
Determine potential for adverse affects to
EFH
If no effects, NO CONSULTATION
If adverse effects to EFH may occur:
•
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Prepare an EFH Assessment
Request Consultation and Review of EFH
Assessment
EFH Assessment Requirements
•
Project description
• Effects (project specific and cumulative) on
EFH and managed species
• Agency views regarding the effects
• Proposed mitigation
Level of detail provided in EFH assessment
should be commensurate with anticipated
impact of the proposed action
EFH Assessment
Optional Components
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Results of field inspection/studies
Views of recognized experts
Literature review
Alternatives analysis
Level of detail provided in EFH assessment
should be commensurate with anticipated
impact of the proposed action
EFH Consultation Steps
for Action Agency (Cont.)
•
•
•
Receive EFH Conservation
Recommendations from NMFS and/or
Council (as appropriate)
Respond, in writing, within 30-days (interim
response is acceptable) and at least 10-days
prior to final action if CRs not incorporated
If requested, participate in higher level review
to resolve disagreements
How Has EFH Changed NMFS’ Role in the
Environmental Review of Federal Actions?
•
EFH emphasizes federally managed species
of fish
•
NMFS must comment on any federal or state
action that would adversely affect EFH
•
Federal action agencies must respond to
NMFS in writing regarding EFH
recommendations
Five Myths About EFH
The entire ocean is EFH for every species
NMFS will use EFH to consult on many
actions it did not review previously, including
actions far inland
EFH consultations will be duplicative and
burdensome
EFH will turn into another Endangered
Species Act
The EFH consultation process is unnecessary.
MYTH #1: The entire ocean is EFH for every species.
EFH in Gulf of Mexico
Myths About EFH #1
The entire ocean is EFH for every species.
FACTS:
EFH is a subset of the full geographic range of each species
or major life stage.
The mosaic of all EFH designations covers most of the
coastal waters and Exclusive Economic Zone.
Myths About EFH #2
NMFS will use EFH to consult on many actions it did
not review previously, including actions far inland.
FACTS:
Since 1970 ~10,000 federal actions per year reviewed under
other laws to evaluate impacts to fish habitats.
Over 5,000 EFH Consultations with no ‘horror stories’
Now we’re placing more emphasis on the habitat needs of
managed species of fish.
Myths About EFH #3
EFH consultations will be duplicative and burdensome.
FACTS:
NMFS has gone to great lengths to blend EFH consultations
into other environmental reviews required
•Clean Water Act
•Endangered Species Act
•NEPA
•Etc
Building EFH Assessments into these reviews is an efficient
way to identify potential harm to fishery resources while not
being duplicative or burdensome.
Myths About EFH #4
EFH will turn into another Endangered Species Act.
FACTS:
As provided in the Magnuson-Stevens Act, EFH
conservation recommendations from NMFS to an action
agency are non-binding
NMFS cannot use EFH to stop or delay development
Myths About EFH #5
The EFH consultation process is unnecessary.
FACTS:
Congress correctly noted in the Magnuson-Stevens Act
that “One of the greatest long-term threats to the viability
of commercial and recreational fisheries is the continuing
loss of marine, estuarine, and other aquatic habitats.”
EFH consultation focuses needed attention on potential
impacts to habitats of managed species. EFH consultation
helps to promote the sustainability of of the Nation’s
marine fishery resources.
Questions?