Are Federal agencies required to accept the NMFS conservation recommendation?
No. EFH recommendations are advisory and non-binding to the Federal action agency. However, in the case of a response from a Federal agency that is inconsistent with the NMFS recommendations, the Federal agency must explain in writing its reasons for not following the recommendations. Under these circumstances, the NMFS Assistant Administrator may request a meeting with the head of the Federal action agency, as well as any other agencies involved, to discuss the proposed action and opportunities for resolving any disagreements. Participation in such a meeting is voluntary.
