Purpose and Need

In the spring of 1999, a coalition of seven environmental groups and two fishermen's associations filed suit in the United States District Court for the District of Columbia challenging NMFS’ approval of EFH FMP amendments prepared by the Gulf of Mexico, Caribbean, New England, North Pacific, and Pacific Fishery Management Councils (American Oceans Campaign (AOC) et al. v. Daley et al., Civil Action No. 99-982-GK). The focus of this litigation was whether NMFS and the Councils had adequately evaluated the effects of fishing on EFH and taken appropriate measures to mitigate adverse effects. In September 2000, the court upheld NMFS’ approval of the EFH FMP amendments under the Magnuson-Stevens Act, but ruled that the EAs prepared for the amendments violated the National Environmental Policy Act. The court ordered NMFS to complete new and thorough NEPA analyses for each EFH FMP amendment in question.

Analysis

A 1124 page EIS, dated April 2005, was prepared in support of this action. Six alternatives, including the status quo, were analyzed. They included: (1) eliminating EFH descriptions, (2) maintaining current EFH descriptions, (3) revising existing EFH descriptions with the best available scientific information, (4) revising EFH descriptions only for areas with conclusive data, (5) revising EFH using an ecoregion approach, and (6) revising EFH descriptions in only the EEZ with the existing methodology. (https://repository.library.noaa.gov/view/noaa/17391)

Regulation Summary

This action identified and authorized protection measures for EFH and HAPCs for the crab FMP. Descriptions of EFH in the FMP were revised based on the best available scientific information, and areas with important habitat features for the sustainability of managed stocks were protected. Protection measures included the closure of specified areas to certain fishing gear types for all federally permitted vessels. Federally permitted vessels are those named on either a Federal fisheries permit or a Federal crab vessel permit operating within the EEZ or State of Alaska waters.

Results

This was the first of a number of amendments to bring the EFH sections of FMPs up to date and into compliance with revisions to the MSA.