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Mark Sramek Fishery Management Specialist

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.

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Mark Sramek Fishery Management Specialist

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  1. Mark SramekFishery Management Specialist NATIONAL MARINE FISHERIES SERVICE Habitat Conservation DivisionSt. Petersburg, Florida

  2. NOAA Fisheries’Essential Fish Habitat Program Tampa Bay Regional Planning Council Agency on Bay Management Habitat Restoration Subcommittee June 9, 2005

  3. NOAAWho are we? U. S. Department of Commerce National Oceanic & Atmospheric Administration (NOAA) Five Line Offices:

  4. 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.

  5. National Environmental Satellite Data Information Service (NESDIS) Operates satellites and manages data utilized by the NOAA National Weather Service (NWS) to create weather forecasts.

  6. National Ocean Service (NOS) NOS is responsible for the observation, measurement, assessment and management of the nation's coastal and ocean areas.

  7. 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.

  8. 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.

  9. NOAA Fisheries Mission The NOAA Fisheries strategic plan contains three goals: • Protect and restore ocean, coastal and Great Lake resources • Recover protected species • Rebuild and maintain sustainable fisheries

  10. NOAA Fisheries Southeast RegionHabitat 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)

  11. Essential Fish Habitat(EFH)Presentation Discussion: • What is it? Where is it? Managed Habitats? 2. How has EFH been used in permit consultations?

  12. Habitat Conservation DivisionSoutheast Region Influence State & Federal agency decisions regarding coastal development activities • Clean Water Act • Fish & Wildlife Coordination Act • Magnuson-Stevens Fishery Conservation & Management Act

  13. MAGNUSON-STEVENS ACT ESSENTIAL FISH HABITAT “…means those waters and substratenecessary to fish for spawning, breeding, feeding, or growth to maturity.”

  14. NMFS Statutory Requirement • 2002 Final Rule The Secretary, through NMFS, shall: • Develop guidelines by regulation to assist the Councils to describe and identify EFH and conservation and enhancement measures

  15. 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 • Spiny Lobster* • Coastal Migratory Pelagics* • Dolphin / Wahoo* • Calico Scallop • Snapper-Grouper • Red Drum • Coral, Live/Hard Bottom • Shrimp • Sargassum • Western Pacific • Crustacean • Precious Corals • Pelagics • Bottomfish/Seamount Groundfish • Coral Reef Ecosystem • Gulf of Mexico • Spiny Lobster* • Coastal Migratory Pelagics* • Coral & Coral Reefs • Stone Crab • Shrimp • Reef Fish Resources • Red Drum • Secretarial • Atlantic HMS (Tunas, • Swordfish & Sharks) • Atlantic Billfish • Caribbean • Queen Conch • Corals, Plants and Invertebrates • Spiny Lobster • Caribbean Reef Fish * Joint Plans

  16. Fishery Management PlansSoutheast Region • South Atlantic FMC • Spiny Lobster* • Coastal Migratory Pelagics* • Dolphin/Wahoo* • Snapper-Grouper • Red Drum • Coral, Live/Hard Bottom • Shrimp • Calico Scallop • Sargassum • Secretarial • Atlantic HMS (Tunas, • Swordfish & Sharks) • Atlantic Billfish • Gulf of Mexico FMC • Spiny Lobster* • Coastal Migratory Pelagics* • Coral & Coral Reefs • Stone Crab • Shrimp • Reef Fish Resources • Red Drum • Caribbean FMC • Queen Conch • Corals, Plants and Invertebrates • Spiny Lobster • Caribbean Reef Fish * Joint Plans

  17. Essential Fish Habitat(EFH)Presentation Discussion: • What is it? Where is it? Managed Habitats? 2. How has EFH been used in permit consultations?

  18. Estuarine Emergent Wetlands Mangrove Wetlands Submerged Aquatic Vegetation Algal Flats Mud, Sand, Shell and Rock Substrates Estuarine Water Column EFH in the Gulf of MexicoESTUARINE

  19. Water Column Vegetated Bottoms Non-vegetated Bottoms Live Bottoms Coral Reefs Artificial Reefs Geologic Features Continental Shelf Features West Florida Shelf Mississippi/Alabama Shelf Louisiana/Texas Shelf South Texas Shelf EFH in the Gulf of MexicoMARINE

  20. CURRENT (1998): Apalachicola NERR Rookery Bay NERR Weeks Bay NERR Florida Keys NMS Flower Garden NMS Dry Tortugas Florida Middle Grounds Grand Bay (MS) EFH in the Gulf of Mexico Habitat Areas of Particular Concern (HAPC) 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)

  21. Essential Fish Habitat(EFH)Presentation Discussion: • What is it? Where is it? Managed Habitats? 2. How has EFH been used in permit consultations?

  22. 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)

  23. 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

  24. 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

  25. 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

  26. EFH Consultation Stepsfor Action Agency • Determine potential for adverse affects to EFH • If no effects, NO CONSULTATION • If adverse effects to EFH may occur: • Prepare an EFH Assessment • Request Consultation and Review of EFH Assessment

  27. 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

  28. EFH AssessmentOptional Components • 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

  29. EFH Consultation Stepsfor 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

  30. 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

  31. 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.

  32. MYTH #1: The entire ocean is EFH for every species. EFH in Gulf of Mexico

  33. 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.

  34. 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.

  35. 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.

  36. 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

  37. 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.

  38. Questions?

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