Are consultations required for actions that occur outside a designated EFH area?
The Magnuson-Stevens Act requires consultation for all actions that may adversely affect EFH without distinguishing between actions in or out of EFH areas. Federal activities occurring outside EFH which have an impact on EFH waters and substrate will need to be considered in the consultation process. The environmental assessment already required for most Federal activities will in most cases satisfy the EFH consultation.
Related Questions
- My daughter attends a contributory primary school but we live outside the designated area for the secondary school; she’ll be guaranteed to get a place won’t she?
- Can a person with a disability who lives outside of the designated ADA complementary paratransit service area apply for ADA paratransit eligibility?
- Is it appropriate for an inspector to open any bags outside the designated contaminated area?
