Sec. 207. Essential fish habitat consultation
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Section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1855(b) ) is amended— in paragraph (1)(A)— by inserting every 5 years after updating ; and by inserting , changes to habitat, in part due to climate change, after evidence ; in paragraph (1)(D), by inserting and such agencies shall take action after agencies ; and by striking paragraphs
(2)through
(4)and inserting after paragraph
(1)the following: With respect to any Federal agency action that may have an adverse affect on essential fish habitat, each such Federal agency shall, in consultation with the Secretary, ensure that any action authorized, funded, or undertaken by such agency avoids the adverse effect of such action on essential fish habitat or, to the extent that the adverse effect cannot be avoided, the agency shall minimize and mitigate the adverse effect. No Federal agency may authorize, fund, or undertake an action if such agency determines, in consultation with the Secretary, that such action would have an adverse effect on a habitat area of particular concern. The Secretary shall establish regulations for the consultation process required by subparagraph (A), including to ensure that recommendations made by the Secretary pursuant to such subparagraph would result in the avoidance, if possible, of adverse effects on essential fish habitat and, if avoidance is not possible, the minimization and mitigation of any such adverse effects. The Secretary shall inform each affected Council of any consultation carried out under paragraph (2), including information on the proposed action and any potential adverse effects, and each affected Council— may comment on and make recommendations to the Secretary and any Federal or State agency concerning the underlying action if, in the view of the Council, such action may affect the habitat of a fishery resource under the authority of such Council; and shall comment on and make recommendations to the Secretary and any Federal or State agency concerning the underlying action if, in the view of the Council, such action is likely to adversely affect the habitat of an anadromous fishery resource under the authority of such Council. If the Secretary receives information from any source and determines that an action taken, funded, or authorized or proposed to be taken, funded, or authorized by a State or Federal agency may have an adverse effect on an essential fish habitat identified under this Act, the Secretary shall recommend to such agency measures that avoid such adverse effects and minimize or mitigate such adverse effects that cannot be avoided. Not later than 30 days after receiving a recommendation under subparagraph (A), a Federal, State, or local agency shall provide a detailed response in writing to any Council comment under paragraph
(3)and the Secretary regarding the matter. The response shall include a description of measures proposed by the agency for avoiding the adverse effects, or to the extent the adverse effects cannot be avoided, mitigating the adverse effects of the action on such essential fish habitat. In the case of a response that is inconsistent with the recommendations of the Secretary, the Federal agency shall explain how the alternative measures proposed will avoid the adverse effects of such action on essential fish habitat or, to the extent that adverse effects cannot be avoided, mitigate the adverse effects. The Secretary shall make available to the public— any recommendation made under subparagraph
(A)on the date on which such recommendation is made; and any response made by an agency under subparagraph
(B)on the date on which such response is received. In this subsection, the term habitat area of particular concern means a specific type of area that is a part of or within an essential fish habitat that— provides an important ecological function, including for maintaining and restoring the biomass, demographic, spatial, or genetic characteristics of fish populations; is sensitive to human-induced environmental degradation; is or will be significantly stressed by human activities; due to prevailing or anticipated future environmental conditions, is or may become important to the health of managed species; or is rare. .
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Sec. 207
Essential fish habitat consultation
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