Magnuson-Stevens Act Provisions - Subpart J - Essential Fish Habitat (EFH) (50 CFR 600.805-600.815).

This Subpart of Part 600 of the Code of Federal Regulations provides guidelines for Fisheries Councils and the Secretary of Commerce to use in adding the required Essential Fish Habitat (EFH) provisions to an Fisheries Management Plan (FMP), i.e., description and identification of EFH, adverse effects on EFH (including minimizing, to the extent practicable, adverse effects from fishing), and actions to conserve and enhance EFH. An EFH provision in an FMP must include all fish species in the fishery management unit (FMU). An FMP may describe, identify, and protect the habitat of species not in an FMU; however, such habitat may not be considered EFH for the purposes of sections 303(a)(7) and 305(b) of the Magnuson-Stevens Act. This Subpart sets out contents of Fishery Management Plans with respect to EFH including an evaluation of the potential adverse effects of fishing on EFH designated under the FMP, including effects of each fishing activity regulated under the FMP or other Federal FMPs. This evaluation should consider the effects of each fishing activity on each type of habitat found within EFH.