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HABITAT PROTECTION POLICY
(Adopted June 8, 1978)
(Revised October 25, 1991)
The National Marine Fisheries Service (NMFS) reviews Federally initiated,
licensed, or permitted projects, which have the potential of altering aquatic environments
and thereby impacting the biological resources which depend upon those habitats. The
Southwest Region of NMFS will not recommend approval or authorization of any project or
activity that will damage any existing or potentially restorable habitat of living marine,
estuarine, or anadromous resources. Habitat may include spawning areas,
rearing areas, food-producing areas, or other areas necessary for the survival of those
organisms. The water-dependence of the proposed activities will be a positive
consideration in determining project approval.
Some of the types of projects and activities which may cause damage to
marine, estuarine, or anadromous resources include: dredging, filling, river alterations,
drainage of wetlands, discharge of effluents, as well as certain construction or
operational activities. These activities listed are not intended to be
all-inclusive, but are representative of activities which are of concern to NMFS.
Under circumstances in which habitat/resource damages can be compensated,
exceptions to the policy may be allowed. The following conditions are required for
such exception:
1. The project will incorporate all feasible modifications and
construction techniques to minimize adverse environmental impacts.
2. For adverse environmental impacts that cannot reasonably by eliminated by
project modifications, an acceptable combination of habitat restoration, enhancement, or
other suitable mitigation will be adopted. The following mitigation criteria, in
order of preference, shall be applied to compensate for these unavoidable
adverse impacts:
a) Mitigation shall occur on-site and shall be habitat replacement
in-kind.
b) Mitigation shall occur off-site and shall be habitat replacement in-kind.
c) Mitigation shall occur on-site and shall be habitat replacement out-of-kind.
d) Mitigation shall occur off-site and shall be habitat replacementout-of-kind.
3. Post project habitat value shall be equal to, or greater than,pre-project habitat
value. Determination of post-project value will bebased on the contribution of that
habitat to the support of commercialand recreational fisheries, fishery resources, certain
marine mammals, and/or endangered species.
4. To compensate for unavoidable damages to coral reef habitats from
water dependent projects in the Pacific Islands, under certain circumstances off-site,
out-of-kind mitigation will be considered. Examples of this type of mitigation include
deployment of artificial reefs, creation of hard substrate for coral colonization,
and establishing refuge areas to protect in perpetuity prime coral reef habitat.
Monitoring to determine the success of mitigation will be required. Adoption of this
type of mitigation will be considered only in areas with little or no degraded habitats,
where the above policy cannot reasonable be applied.
It is in the best interest of project sponsors to contact the appropriate
NMFS office as early as possible to determine the impacts, if any, of each particular
project.
For further information, contact one of the offices listed below:
National Marine Fisheries Service
Habitat Conservation Division
Southern Area Environmental Coordinator
501 W. Ocean Blvd., Suite 4200
Long Beach, CA 90802-4213
Telephone: (562) 980-4043
National Marine Fisheries Service
Habitat Conservation Division
Northern Area Environmental Coordinator
777 Sonoma Avenue, Suite 325
Santa Rosa, CA 95404
Telephone: (707) 575-6050
National Marine Fisheries Service
Habitat Conservation Division
Pacific Islands Environmental Coordinator
2570 Dole Street
Honolulu, HI 96822
Telephone: (808) 973-2937
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