MagnusonStevens Fishery Conservation and Management Act MSA

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Magnuson-Stevens Fishery Conservation and
Management Act (MSA)
Essential Fish Habitat (EFH)

• Multi-Agency
• Training Workshop

Sacramento, California January 7, 2009
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(No Transcript)
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NMFS SWR EFH Contacts

• Bryant Chesney (Long Beach Office) Southern
  California Habitat Coordinator (Acting EFH
  Coordinator), 562-980-4037, Bryant.Chesney_at_noaa.go
  v
• Korie Schaeffer (Santa Rosa Office) Northern
  California Coastal and Estuarine Habitat
  Coordinator, 707-575-6087, Korie.Schaeffer_at_noaa.go
  v
• Michael Tucker (Sacramento Office)
  916-930-3604, Michael.Tucker_at_noaa.gov
• Chuck Glasgow (Arcata Office) 707-825-5170,
  Chuck.Glasgow_at_noaa.gov

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Magnuson-Stevens Fishery Conservation and
Management Act
Outline of Presentation

• Background on Magnuson-Stevens Act
• EFH designation in Fishery Management Plans
• EFH Consultation process
• EFH Effects Analysis
• Marine and Estuarine EFH
• Salmonid (Freshwater) EFH

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Magnuson-Stevens Fishery Conservation and
Management Act
Background on MSA

• Establishes jurisdiction over marine fisheries in
  the U. S. exclusive economic zone through Fishery
  Management Plans (FMPs)
• Reauthorized in 1996 and added provision for
  essential fish habitat
• Councils amend FMPs to identify and describe EFH
• Federal action agencies consult with NMFS
• NMFS obligated to provide habitat conservation
  recommendations
• NMFS issued final regulations January 17, 2002
• Magnuson-Stevens Reauthorization Act of 2006

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Pacific Fishery Management Council FMPs
Magnuson-Stevens Fishery Conservation and
Management Act

• Pacific Groundfish Fishery Management Plan
• 82 species (e.g., flatfish, rockfish, sharks)
• Coastal Pelagic Fishery Management Plan
• anchovy, sardine, Pacific mackerel, jack
  mackerel, and market squid
• Pacific Salmon Fishery Management Plan
• Chinook, coho, and pink salmon, not steelhead

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Magnuson-Stevens Fishery Conservation and
Management Act
Definition of Essential Fish Habitat
Essential fish habitat means those waters and
substrate necessary to fish for spawning,
breeding, feeding, or growth to maturity.

• waters aquatic areas and associated physical,
  chemical, and biological properties used by fish
• substrate includes sediment, hard bottom,
  structures underlying the waters, and associated
  biological communities
• necessary habitat required to support a
  sustainable fishery and the managed species
  contribution to a healthy ecosystem
• spawning, breeding, feeding or growth to
  maturity covers a species full life cycle

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Magnuson-Stevens Fishery Conservation and
Management Act
EFH Contents in Fishery Management Plans

• Describe and identify EFH
• Level 1 - Distribution data (geographic range)
• Level 2 - Habitat-related densities of the
  species are known
• Level 3 - Growth, reproduction or survival rates
  are available
• Level 4 - Production rates by habitat type are
  known for species
• Identify adverse impacts to EFH (fishing,
  non-fishing)
• Develop suggested measures to conserve and
  enhance EFH
• Identify Habitat Areas of Particular Concern
  (HAPCs)
• Important ecological function
• Sensitivity of the habitat to degradation
  (human)
• Extent of stress by development on the habitat
• Rarity of habitat type

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Identification of EFH for the Pacific Groundfish
Fishery

• 82 groundfish species (e.g., flatfish, rockfish,
  sharks)
• The overall extent of groundfish EFH is
  identified as all waters and substrate within the
  following areas
• Depths less than or equal to 3,500 m (1,914
  fathoms) to mean higher high water level (MHHW)
  or the upriver extent of saltwater intrusion,
  defined as upstream and landward to where
  ocean-derived salts measure less than 0.5 ppt
  during the period of average annual low flow.
• Seamounts in depths greater than 3,500 m as
  mapped in the EFH assessment GIS.
• Areas designated as HAPCs not already identified
  by the above criteria.
• Artificial structures are excluded from the
  definition of substrate unless designated a
  habitat area of particular concern (HAPC).

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Magnuson-Stevens Fishery Conservation and
Management Act
Groundfish EFH Mapping Tool
http//marinehabitat.psmfc.org/interactive-maps.ht
ml
The Pacific Coast Groundfish EFH  Mapper allows
users to view, interactively query, and analyze
much of the data that was developed to support
the Groundfish EFH EIS without the need for GIS
Software.  Using the application, one can pick
out specific geographic areas of interest and
query the data related to that area.  
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Magnuson-Stevens Fishery Conservation and
Management Act
Identification of EFH for the Coastal Pelagic
Species Fishery

• Includes four finfish and one invertebrate
• Northern anchovy
• Pacific sardine
• Pacific (chub) mackerel
• Jack mackerel
• Market squid
• East-west geographic boundary is all marine and
  estuarine waters from the shoreline to the limits
  of the EEZ
• Water surface boundary is the water column
  between the thermoclines where temperatures
  range from 10o to 26oC

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Identification of EFH forthe Pacific Salmon
Fishery
- Salmon EFH codified (50 CFR Part 660) in
October 2008 - Only Chinook and coho salmon EFH
in CA

• includes all streams and other water bodies
  occupied or historically accessible to salmon in
  hydrologic units identified in Table 1 of subpart
  H.
• includes aquatic areas above all artificial
  barriers except the impassible barriers (dams)
  identified in Table 1 of subpart H.
• Marine and estuarine waters shoreward of EEZ
  north of Point Conception

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Magnuson-Stevens Fishery Conservation and
Management Act
Habitat Areas of Particular Concern

• Subset of EFH for which are
• rare
• particularly susceptible to human-induced
  degradation,
• especially ecologically important, or
• located in an environmentally stressed area.
• Designated HAPC are not afforded any additional
  regulatory protection under MSA however, federal
  projects with potential adverse impacts to HAPC
  will be more carefully scrutinized during the
  consultation process.
• HAPC designated for Pacific Groundfish
  seagrass, kelp canopy, estuaries, rocky reef, and
  various areas of interest (e.g. CINMS, Cowcod
  Conservation Area, various seamounts)

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Questions?
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Magnuson-Stevens Fishery Conservation and
Management Act
Statutory Requirements for NMFS
The Secretary, through NMFS, shall

• Coordinate with and provide information to other
  Federal agencies to conserve and enhance EFH
  (Section 305(b)(1)(D) of the MSA)
• Recommend conservation and enhancement measures
  for any federal or state activity that may
  adversely affect EFH (section 305(b)(4)(A) of the
  MSA)

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Magnuson-Stevens Fishery Conservation and
Management Act
Overview of Requirements for Federal Agencies

• Consult with NMFS on all actions that may
  adversely affect EFH
• Provide NMFS with an EFH Assessment for all
  actions that may adversely affect EFH
• Provide NMFS a detailed written response within
  30 days after receiving EFH Conservation
  Recommendations (also applies to Councils if
  comment)

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Memorandum Of Understanding Between CalTrans and
FHWA (effective 2007)

• Assumes all responsibilities for EFH
  consultations.
• Exceptions are identified for particular highway
  projects identified in the MOU and other specific
  scenarios.
• Caltrans agrees to seek early and appropriate
  coordination.
• FHWA will not be engaged except in extraordinary
  circumstances.
• NMFS can request FHWA to help resolve issues.

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Magnuson-Stevens Fishery Conservation and
Management Act
Summary of EFH Consultation Process

• Notification
• may adversely affect EFH
• DONT USE not likely to adversely affect EFH
• EFH Assessment
• EFH Conservation Recommendations
• Response to EFH Conservation Recommendations
• Elevation process (optional if response is
  inconsistent)

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Magnuson-Stevens Fishery Conservation and
Management Act
What is an Adverse Affect?

• adverse effect - any impact reducing EFH quality
  and/or quantity
• may include direct or indirect impacts
• can be physical, chemical or biological
  alterations of the waters or substrate
• can include loss or injury to benthic organisms,
  prey species and their habitats, and other
  ecosystem components
• result from actions occurring within EFH or
  outside of EFH
• can include site-specific or habitat-wide impacts
  
• can result from individual, cumulative or
  synergistic consequences of actions

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• it is difficult to conceive of situations
  involving active construction in EFH without
  crossing the may adversely affect threshold
  that requires Federal agencies to consult.
  from EFH Consultation Guidance

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Magnuson-Stevens Fishery Conservation and
Management Act
Federal Agency Affect Determination
Adverse Affect

• Agency determines action may adversely affect
• EFH consultation is then required
• Federal agency should notify NMFS as early as
  practicable to facilitate discussion of
  conservation measures
• For any Federal action that may adversely affect
  EFH, Federal agency must provide NMFS with a
  written assessment of the effects of that action
  on EFH (50 CFR 600.920 (e)(1)) EFH Assessment

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Magnuson-Stevens Fishery Conservation and
Management Act
Contents of EFH Assessments

• Mandatory contents (50 CFR 600.920(e)(3))
• Description of the proposed action
• An analysis of the potential adverse effects on
  EFH
• Federal agencys conclusions regarding the
  effects of the action on EFH (i.e., minimal, more
  than minimal but less than substantial,
  substantial)
• Proposed mitigation if applicable
• Additional information that may be included
• On-site inspection information
• Views of recognized experts on the affected
  habitat or species
• Review of pertinent literature and related
  information
• An analysis of alternatives to the action

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Magnuson-Stevens Fishery Conservation and
Management Act
Contents of EFH Assessments (cont)

• Level of detail in EFH Assessment based on
  complexity and magnitude of the potential adverse
  effects
• Minor adverse effect brief assessment
• More serious threat more detailed assessment
• May reference another completed EFH Assessment or
  other relevant documents if
• Prepared for a similar action, and
• Proposed action involves similar impacts

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Factors for Conducting EFH Analysis

• Proximity - How close are the proposed
  disturbance and its likely effects to the
  designated EFH?
• Distribution - What will be the likely geographic
  extent of the disturbance and its likely effects?
• Nature - What type of effect do you predict?
• Intensity - How much and how severely EFH in the
  action area likely will be affected?
• Timing - When will the likely effects occur in
  relation to EFH use? Effects that attenuate to
  background levels when occupied species are not
  expected to be present may be considered
  minimal.
• Frequency - How often are the disturbance and its
  effects likely to occur?
• Duration - How long would the effects be likely
  to last? Potential categories include (a)
  short-term effects that subside immediately
  (pulse effect) (b) sustained, long-term, or
  chronic effects (press effect) and (c) permanent
  change that sets a new threshold for a species
  environment (threshold effect).

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Effect Determination - Recommended 3 step
approach

• Evaluate existing habitat condition at time of
  consultation - reference point for the next two
  steps
• Evaluate anticipated future habitat condition
  that would exist assuming the action and/or
  continuing action is not authorized, funded, or
  carried out - control for discerning the effects
  of the proposed action.
• Evaluate anticipated future habitat condition
  assuming proposed action and/or continuing does
  occur - project prognosis.

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Magnuson-Stevens Fishery Conservation and
Management Act
Federal Agency EFH Affect Determination (cont.)
No Adverse Affect

• Agency determines the action will not adversely
  affect EFH
• No consultation required
• Federal Agency is not required to contact NMFS
  about their determination
• NMFS need not submit concurrence letter, but may
  elect to respond, if it does receive a letter

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Magnuson-Stevens Fishery Conservation and
Management Act
NMFS Affect Determination

• NMFS may inform Federal agency need to consult
• NMFS receives information regarding a Federal
  action that may adversely affect EFH, and the
  action agency has not initiated consultation
• NMFS disagrees with agencys effects
  determination
• Agency not required to respond to NMFS request
• Regardless of Federal agency response, NMFS must
  provide EFH Conservation Recommendations (305
  (b)(4)(A) of MSA)
• Federal agency must respond in 30 days whether or
  not it has initiated consultation

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Questions?
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Magnuson-Stevens Fishery Conservation and
Management Act
EFH Consultation Options
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Magnuson-Stevens Fishery Conservation and
Management Act
Distinction between EFH and ESA

• EFH provisions intended to ensure sustainable
  fishery
• Section 7 ESA provisions intended to prevent
  jeopardy or adverse modification
• --
• ESA terms and conditions are binding
• EFH Conservation Recommendations are advisory
• --
• EFH CRs may be more conservative of species and
  habitat than ESA terms and conditions

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Magnuson-Stevens Fishery Conservation and
Management Act
EFH Consultation Options
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Statewide EFH Programmaticw/ Corps
Magnuson-Stevens Fishery Conservation and
Management Act
Project Types

• Exclusions based on
• Size (length/area)
• Geographic zone
• Habitat types
• Additional caveats

• Bank stabilization
• Boat Docks
• Bridge Repairs
• Culvert Replacements
• Navigational Dredging
• Levee Maintenance
• Piling Installation
• Pipeline Repairs

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Summary of Conservation Recommendations for
Statewide Programmatic
Magnuson-Stevens Fishery Conservation and
Management Act

• Project Tracking
• Sensitive habitat avoidance
• Limited tree removal
• Compliance with So Cal guidance/policies
• Soft approaches to shoreline modification
• Minimize shading impacts
• Turbidity control measures

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Magnuson-Stevens Fishery Conservation and
Management Act
EFH Consultation Options
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Magnuson-Stevens Fishery Conservation and
Management Act
EFH Tool Kit

• NMFS Southwest Region website http//swr.nmfs.noaa
  .gov/efh.htm
• EFH Consultation Guidance Document and EFH Primer
• Examples of EFH Assessments and Conservation
  Recommendations
• Links to Groundfish, Coastal Pelagics, and Salmon
  FMPs
• General Concurrences and Programmatic
  Consultations
• NMFS HQ website http//www.nmfs.noaa.gov/habitat/h
  abitatprotection/
• Pacific Fishery Management Council website
  http//www.pcouncil.org

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Magnuson-Stevens Fishery Conservation and
Management Act
EFH Tool Kit (cont.)
http//swr.nmfs.noaa.gov/EFH-NonGear-Master.PDF
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Questions?
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Suggested Focus of Analysis - Estuarine

• Sensitive habitats salt marsh, tidal channels,
  mudflat, eelgrass
• Chinook and coho salmon, leopard shark, starry
  flounder, English sole, northern anchovy,
  juvenile rockfish species (e.g. brown, grass, and
  black)
• Common impacts - Shading, turbidity, benthic
  disturbance, habitat modification, noise
• Impacts to primary and secondary productivity
  food web impacts

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Eelgrass Habitat (Zostera marina)
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So California Eelgrass Mitigation Policy

• Habitat Value of Eelgrass Habitat
• Mapping Active Growing Season (Mar.-Oct)
• Mitigation Ratios
• Mitigation Timing
• Mitigation Monitoring
• Success Criteria
• Penalties
• Exclusions

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Tidal Wetlands
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Suggested Focus of Analysis - Marine

• Sensitive habitats
• rocky intertidal and subtidal reefs
• Surfgrass
• kelp habitat
• Much larger suite of species that can be affected
• Common Impacts
• Construction in intertidal areas
• shoreline modification
• changes in sedimentation
• Turbidity
• benthic disturbance
• habitat modification

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Rocky Reef
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Kelp Canopy Habitat
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Questions?
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Identification of EFH forthe Pacific Salmon
Fishery
- Salmon EFH codified (50 CFR Part 660) in
October 2008

• includes all streams and other water bodies
  occupied or historically accessible to salmon in
  hydrologic units identified in Table 1 of subpart
  H.
• includes aquatic areas above all artificial
  barriers except the impassible barriers (dams)
  identified in Table 1 of subpart H.
• Marine and estuarine waters shoreward of EEZ
  north of Point Conception

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Sample Excerpt from CFR - EFH HUCs and Barriers
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(No Transcript)
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(No Transcript)
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Examples of Salmon Freshwater EFH Concerns

• Passage blockage/impediment
• Channel modification/simplification
• Lack of cover/reduced pool capacity
• Impacts to spawning gravels
• Water quality (temperature, nutrients,
  pollutants)
• Altered flows (timing, quantity)

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Additional Information within Amendment 14
Appendix A of Salmon FMP

• More detailed EFH characteristics (Section 2)
• Description of potential adverse effects, habitat
  objectives and indicators, and suggested
  conservation and enhancement measures (Section 3)
• Research/information needs (Section 4)
• Literature cited (Section 5)

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Habitat alteration and their effects on salmonids
and their ecosystem components
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Examples of activities that may affect Salmon EFH
and the altered habitat components
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Example Habitat Objectives and Indicators
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Example of logic train in developing salmon EFH
conservation measures
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Questions?
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(No Transcript)