Experience of the North Pacific Council for Setting Criteria to Focus Use of Existing Habitat Conservation Authorities

The North Pacific Fishery Management Council (Council) has a responsibility, under the Magnuson-Stevens Act, to provide comment on certain actions (fishing and non-fishing) of Federal agencies which may adversely affect Essential Fish Habitat (EFH). Under current practice, the National Marine Fisheries Service (NMFS) notifies the Council, or Council staff, of a pending action that may affect habitats of direct concern to the Council. Nationally, no Councils have developed explicit criteria for when NMFS should seek Council involvement. The North Pacific Council has recently adopted a formal policy for EFH consultation, in order to ensure that activities that are of relevance to the Council are brought to their attention in a timely fashion. As part of the policy, the Council has established a structured process for regular reports from NMFS, and has identified specific criteria that can be used to guide the agency in determining whether an activity is likely to be of particular interest to the Council.  The Council believes the EFH consultation process will be a tool for ecosystem protection, and will facilitate the Council’s objectives.