Marine Resources Assessment for the Marianas Operating ... - SPREP
Marine Resources Assessment for the Marianas Operating ... - SPREP
Marine Resources Assessment for the Marianas Operating ... - SPREP
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AUGUST 2005 FINAL REPORT<br />
includes <strong>the</strong> associated biological communities that make <strong>the</strong>se areas suitable fish habitats (50 CFR<br />
600.10). Habitats used at any time during a species’ life cycle (i.e., during at least one of its life<br />
stages) must be accounted <strong>for</strong> when describing and identifying EFH (NMFS 2002).<br />
Authority to implement <strong>the</strong> SFA is given to <strong>the</strong> Secretary of Commerce through <strong>the</strong> NMFS. The SFA<br />
requires that <strong>the</strong> EFH be identified and described <strong>for</strong> each federally managed species. The<br />
identification must include descriptive in<strong>for</strong>mation on <strong>the</strong> geographic range of <strong>the</strong> EFH <strong>for</strong> all life<br />
stages, along with maps of <strong>the</strong> EFH <strong>for</strong> life stages over appropriate time and space scales. Habitat<br />
requirements must also be identified, described, and mapped <strong>for</strong> all life stages of each species. The<br />
NMFS and regional FMCs determine <strong>the</strong> species distributions by life stage and characterize<br />
associated habitats, including HAPC. The SFA requires federal agencies to consult with <strong>the</strong> NMFS on<br />
activities that may adversely affect EFH. For actions that affect a threatened or endangered species,<br />
its critical habitat, and its EFH, federal agencies must initiate both ESA and EFH consultations.<br />
In 2002, <strong>the</strong> EFH Final Rule was authorized, which simplified EFH regulations (NMFS 2002).<br />
Significant changes delineated in <strong>the</strong> EFH Final Rule are: (1) clearer standards <strong>for</strong> identifying and<br />
describing EFH, including <strong>the</strong> inclusion of <strong>the</strong> geographic boundaries and a map of <strong>the</strong> EFH, as well<br />
as guidance <strong>for</strong> <strong>the</strong> FMCs to distinguish EFH from o<strong>the</strong>r habitats; (2) more guidance <strong>for</strong> <strong>the</strong> FMCs on<br />
evaluating <strong>the</strong> impact of fishing activities on EFH and clearer standards <strong>for</strong> deciding when FMCs<br />
should act to minimize <strong>the</strong> adverse impacts; and (3) clarification and rein<strong>for</strong>cement of <strong>the</strong> EFH<br />
consultation procedures (NMFS 2002). The process by which federal agencies can integrate<br />
MSFCMA EFH consultations with ESA Section 7 consultations is described in NMFS (2002).<br />
1.3.2 Executive Orders<br />
EO 12114 on Environmental Effects Abroad of Major Federal Actions (32 CFR 187) was passed<br />
in 1979 to fur<strong>the</strong>r environmental objectives consistent with U.S. <strong>for</strong>eign and national security policies<br />
by extending <strong>the</strong> principles of <strong>the</strong> NEPA to <strong>the</strong> international stage. Under EO 12114, federal agencies<br />
that engage in major actions that significantly affect a non-U.S. environment must prepare an EA of<br />
<strong>the</strong> action’s effects on that environment. This is similar to an environmental impact statement (EIS) or<br />
EA developed under <strong>the</strong> NEPA <strong>for</strong> environments in <strong>the</strong> U.S. Certain actions, such as intelligence<br />
activities, disaster and emergency relief actions, and actions that occur in <strong>the</strong> course of an armed<br />
conflict, are exempt from this order. Such exemptions do not apply to major federal actions that<br />
significantly affect an environment that is not within any nation’s jurisdiction, unless permitted by law.<br />
The purpose of <strong>the</strong> order is to <strong>for</strong>ce federal agencies to consider <strong>the</strong> effects <strong>the</strong>ir actions have on<br />
international environments.<br />
EO 12962 on Recreational Fisheries (60 Federal Register [FR] 30769) was enacted in 1995 to<br />
ensure that federal agencies strive to improve <strong>the</strong> “quantity, function, sustainable productivity, and<br />
distribution of U.S. aquatic resources” so that recreational fishing opportunities nationwide can<br />
increase. The overarching goal of this order is to promote <strong>the</strong> conservation, restoration, and<br />
enhancement of aquatic systems and fish populations by increasing fishing access, education and<br />
outreach, and multi-agency partnerships. The National Recreational Fisheries Coordination Council<br />
(NRFCC), co-chaired by <strong>the</strong> Secretaries of <strong>the</strong> Interior and Commerce, is charged with overseeing<br />
federal actions and programs that are mandated by this order. The specific duties of <strong>the</strong> NRFCC<br />
include: (1) ensuring that <strong>the</strong> social and economic values of healthy aquatic systems, which support<br />
recreational fisheries, are fully considered by federal agencies; (2) reducing duplicative and costinefficient<br />
ef<strong>for</strong>ts among federal agencies; and (3) disseminating <strong>the</strong> latest in<strong>for</strong>mation and<br />
technologies to assist in <strong>the</strong> conservation and management of recreational fisheries. In June 1996,<br />
<strong>the</strong> NRFCC developed a comprehensive Recreational Fishery <strong>Resources</strong> Conservation Plan<br />
(RFRCP) specifying what member agencies would do to achieve <strong>the</strong> order’s goals (NMFS 1999). In<br />
addition to defining federal agency actions, <strong>the</strong> plan also ensures agency accountability and provides<br />
a comprehensive mechanism to evaluate achievements. A major outcome of <strong>the</strong> RFRCP has been<br />
<strong>the</strong> increased utilization of artificial reefs to better manage recreational fishing stocks in U.S. waters<br />
(USFWS 2003c).<br />
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