Section 600.815, paragraph (3) is new. Pursuant to the National Environmental Policy Act (NEPA) Start Printed Page 2375NMFS prepared a new EA for the final rule, and the AA concluded that there will be no significant impact on the human environment as a result of this rule. (4) Additional information. In § 600.920, paragraph (f)(1) is newly titled “Criteria” rather than “Purpose and criteria” to better reflect the content of the paragraph. The EFH regulations pertain to all federally managed species without distinguishing between commercial and recreational fisheries. The final rule benefitted from public comments on ways to improve the EFH regulations, and it incorporates many of the suggestions NMFS received. The comment period on the interim final rule closed on March 19, 1998 (63 FR 8607, February 20, 1998). Because the rule provides flexibility for Federal action agencies to choose a particular consultation approach depending on the nature and scope of the actions that may adversely affect EFH and the opportunities for combining EFH consultation with other environmental review procedures, there is no single set of minimum steps. Erdgeschoßfussbodenhöhe EFH 2.2 Gebäudehöhe (FH) Die Gebäudehöhe ist im zeichnerischen Teil des Planes als Höchstgrenze, festgesetzt. In § 600.815, the former paragraph (a)(9) is now numbered (a)(8). Each Council should establish procedures for reviewing Federal or state actions that may adversely affect the habitat, including EFH, of a species under its authority. NMFS and Federal agencies responsible for funding actions that may adversely affect EFH should consult on a programmatic level under paragraph (j) of this section, if appropriate, with respect to these actions. In § 600.815, the former paragraph (a)(8) is now numbered (a)(7). Therefore, the final rule does not contain language specifying that NMFS' recommendations should address the extent and quality of the best available scientific information. NMFS relies on other agencies to agree to further review of decisions that are inconsistent with NMFS' EFH Conservation Recommendations, including the procedures and time frames for such review. At this level, quantitative data (i.e., density or relative abundance) are available for the habitats occupied by a species or life stage. An informal process without documentation would not fulfill these Start Printed Page 2362statutory requirements. Diese Seite wurde zuletzt am 25. NMFS held numerous public meetings, briefings, and workshops to engage all interested parties in the development of the EFH regulations and held five separate public comment periods. 4 BauNVO) 4.1.1 Im Sondergebiet für großflächigen Einzelhandel gilt die abweichende Bauweise (a) im Sinne einer offenen Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. Each FMP must minimize to the extent practicable adverse effects from fishing on EFH, including EFH designated under other Federal FMPs. The final rule also clarifies that Councils should consider the cumulative impacts of multiple fishing activities on EFH in the fishing impact evaluation. In cases where adverse effects from a type of actions will be minimal, both individually and cumulatively, a General Concurrence procedure further simplifies the consultation requirements. NMFS encourages interested parties to participate in the identification of HAPCs through the Council process. Each FMP should contain recommendations, preferably in priority order, for research efforts that the Councils and NMFS view as necessary to improve upon the description and identification of EFH, the identification of threats to EFH from fishing and other activities, and the development of conservation and enhancement measures for EFH. Comment C: One commenter said that NMFS should delete from § 600.805(b) the language saying that a Council may describe, identify, and protect the habitat of species not in a fishery management unit, but such habitat may not be considered EFH. In § 600.920, paragraph (i)(3)(iv), the final rule omits the sentence stating that “NMFS will also provide a copy of the recommendations to the appropriate Council(s).”. In § 600.920, paragraph (g)(4) is newly titled as “Further consultation” rather than “Notification and further consultation.” “Request” replaces “require” to more accurately reflect NMFS' role in asking for further consultation for actions covered under a General Concurrence. Response A: NMFS disagrees with the commenters' perception of the interim final rule. Another expressed confusion about the difference between EFH Conservation Recommendations and EFH Assessments. An FMP may describe, identify, and protect the habitat of species not in an FMU; however, such habitat may not be considered EFH for the purposes of sections 303(a)(7) and 305(b) of the Magnuson-Stevens Act. Several other commenters thought it was inappropriate for the interim final rule to state a relationship between EFH and “critical habitat” that will always apply for ESA listed species. (B) Where the present distribution or stock size of a species or life stage is different from the historical distribution or stock size, then maps of historical habitat boundaries should be included in the FMP, if known. However, the Federal agency remains ultimately responsible for compliance with the EFH consultation provisions of the Magnuson-Stevens Act, including any costs associated with consultation. The commenter's request extended to other location-dependent activities such as bridge and utility/cable-line installation and maintenance. 1 Nr. One of these commenters said the final rule should specify a time period within which disagreements must be resolved. NMFS planned to use the additional comments and its experience implementing the interim final rule to make any necessary changes in the final rule. Die Erdgeschossfußbodenhöhe (EFH) muss mindestens auf der Höhe des Be- zugspunkts und maximal 0,5 m über dem Bezugspunkt liegen. Moreover, documenting EFH consultations in writing reduces the chances for errors and misunderstandings. NMFS designed the approaches to EFH consultation detailed in the final rule to implement the EFH provisions in an efficient manner, using existing processes and other mechanisms to minimize additional workload. If grouping species or using species assemblages for the purpose of designating EFH, FMPs must include a justification and scientific rationale. Comment D: Several commenters requested more information about the process for further review of Federal action agency decisions that are inconsistent with NMFS' EFH Conservation Recommendations. Comment A: Commenters representing fishing and non-fishing interests and environmental groups wanted to see NMFS use all good quality information to identify EFH. These changes should make the regulations easier to use and should promote better understanding of how to implement the EFH provisions of the Magnu… Thus, the final rule retains language stating that cumulative impacts can result from individually minor, but collectively significant actions taking place over a period of time. Fish and Wildlife Service's efforts to protect bull trout under the Endangered Species Act. Comment A: One commenter stated that it was not NMFS' responsibility to make the implementation of all Federal laws more efficient. (B) Time/area closures. These markup elements allow the user to see how the document follows the The EFH provisions enable NMFS to work cooperatively with other agencies to promote the conservation of EFH. Es wäre besser, die untere Bezugshöhe als solche zu definieren, unabhängig von der gewählten/zulässigen EFH. In several instances throughout Subpart J of the final rule “life stage” replaces “life history stage” to use the more common scientific term. However, NMFS and the Councils also have the authority to act independently. (A) The following approach should be used to organize the information necessary to describe and identify EFH. If a Federal agency decision is also inconsistent with a Council recommendation made pursuant to section 305(b)(3) of the Magnuson-Stevens Act, the Council may request that the Assistant Administrator initiate further review of the Federal agency's decision and involve the Council in any interagency discussion to resolve disagreements with the Federal agency. As described in the preamble to the interim final rule at 62 FR 66543, to promote efficiency, when existing environmental review processes are available the EFH Assessment should be integrated into the same processes and documents that are used to satisfy other review requirements. Comment J: One commenter recommended that NMFS require Councils to coordinate with states and other authorities to provide conservation recommendations when Council-managed fisheries adversely affect EFH outside Federal jurisdiction. A Federal agency may request a General Concurrence for a category of its actions by providing NMFS with an EFH Assessment containing a description of the nature and approximate number of the actions, an analysis of the effects of the actions on EFH, including cumulative effects, and the Federal agency's conclusions regarding the magnitude of such effects. rendition of the daily Federal Register on FederalRegister.gov does not However, all information should be evaluated with regard to reliability, so the final rule clarifies that Councils should consider different types of information according to its scientific rigor. on FederalRegister.gov The review of information should include, but not be limited to, evaluating published scientific literature and unpublished scientific reports; soliciting information from interested parties; and searching for previously unavailable or inaccessible data. For the purpose of interpreting the definition of essential fish habitat: “Waters” include aquatic areas and their associated physical, chemical, and biological properties that are used by fish and may include aquatic areas historically used by fish where appropriate; “substrate” includes sediment, hard bottom, structures underlying the waters, and associated biological communities; “necessary” means the habitat required to support a sustainable fishery and the managed species' contribution to a healthy ecosystem; and “spawning, breeding, feeding, or growth to maturity” covers a species' full life cycle. Response B: As explained in the preamble to the interim final rule at 62 FR 66535, areas beyond the EEZ cannot be identified as EFH, and Federal agencies need not consult with NMFS regarding the effects of actions on habitats beyond the EEZ. The final rule discusses programmatic consultation in a distinct subsection of § 600.920 to allow easier comparison to the other approaches to conducting EFH consultations, and provides more detail on the purpose of and process for programmatic consultations. In § 600.905, paragraph (c), “NMFS” replaces “the Secretary” to clarify that the NMFS is the agency responsible for working with the Councils. In § 600.920, paragraph (f)(2) is newly titled as “NMFS response to Federal agency” rather than “EFH conservation recommendation requirements” to better reflect the process described in this paragraph. NMFS encourages all interested parties to participate in the Council process. Such request will explain why NMFS believes expanded consultation is needed and will specify any new information needed. (C) The actions must not cause greater than minimal cumulative adverse effects on EFH. Comment C: Several conservation groups criticized Councils for not adopting any new measures to minimize adverse effects from fishing activities and requested that NMFS require in the EFH regulations that new measures be taken to comply with the Magnuson-Stevens Act. NMFS has no authority to compel another Federal agency to hold final actions in abeyance pending the resolution of disputes about EFH. That guidance will be superseded with guidance for the final rule. Although the final rule requires Federal agencies to consult with NMFS on any activity “that may adversely affect EFH,” including habitat restoration projects, EFH and ecosystem restoration can be compatible. Councils should organize information on the habitat requirements of managed species using a four-tier approach based on the type of information available. NMFS agrees that EFH designations should account for pertinent features of the ecosystem such as prey, as noted in the interpretation of EFH in § 600.10. Consultation on Federal programs delegated to non-Federal entities is required at the time of delegation, review, and renewal of the delegation. In § 600.920, paragraph (f)(1)(ii), the phrase “the action agency must identify that section of the document as the EFH Assessment” replaces the phrase “that section of the document must be clearly identified as the EFH Assessment” to clarify that it is the action agency's responsibility to identify an EFH Assessment when submitted as part of another document. Furthermore, many Councils have habitat advisory panels. The final rule has been determined to be significant for the purposes of Executive Order 12866. In response to commenters' concern over the word “identifiable” in the interim final rule, NMFS modified this section to read, “Councils must act to prevent, mitigate, or minimize any adverse effects from fishing, to the extent practicable, if there is evidence that a fishing activity adversely affects EFH in a manner that is more than minimal and not temporary in nature” based on the Councils' evaluation of the potential adverse effects of fishing. Title II describes analyses and consultations that agencies must undertake for rules that may result in expenditures over $100 million in any year by state, local, and tribal governments, or the private sector. Response B: NMFS has coordinated extensively with the Corps of Engineers on matters related to dredging and dredged material disposal and will continue to do so in the future. Nullebene (mitunter auch Basement genannt) ist ein Begriff aus der Bautechnik und bezeichnet die Ebene, auf die bei der Bemaßung von Entwurfs-und Ausführungsplänen für Gebäude und sonstige Bauwerke in der Vertikalen Bezug genommen wird.Häufig ist sie identisch mit der Oberkante Fertigfußboden des Erdgeschosses und wird angegeben als Höhe über dem Meeresspiegel oder als … Upon further consideration, NMFS determined that § 600.930(c) and the preamble were not sufficiently clear as to what species should be considered anadromous fishery resources under Council authority for purposes of section 305(b)(3)(B) of the Magnuson-Stevens Act. Furthermore, the final rule encourages Councils to identify EFH based on the highest level of information available, and states that EFH should not be designated if there is no information available and if habitat usage cannot be inferred from other means, such as information on a similar species. In § 600.920, paragraph (e)(4)(iv) omits “particularly when an action is non-water dependent.”, In § 600.920, former paragraph (e) is now paragraph (f) and the heading as been changed from “Use of existing consultation/environmental review procedures” to “Use of existing environmental review procedures.”. Open for Comment, Economic Sanctions & Foreign Assets Control, National Oceanic and Atmospheric Administration, Withholding of Tax and Information Reporting, Addressing the Threat From Securities Investments That Finance Communist Chinese Military Companies, Establishing the President's Advisory 1776 Commission, 1. This language has been retained in the final regulations. EFH cannot be designated for non-managed prey species, so a list of such species is not directly relevant to the rule. In § 600.920, paragraph (i)(4) omits “complete” to reduce wordiness, and contains new language clarifying that NMFS and Federal agencies may agree to conduct consultation early in the planning cycle for actions with lengthy approval processes. Regarding the requirement for Federal agencies and NMFS to use the best available scientific information, NMFS' intent is to promote an open exchange of information regarding the effects of actions on EFH. Numerous EFH consultations have been completed using a variety of other review processes pursuant to the National Environmental Policy Act; Clean Water Act; Rivers and Harbors Act; Marine Protection, Research, and Sanctuaries Act; Fish and Wildlife Coordination Act; and Endangered Species Act. The same commenter said that the final rule should allow for public access to the information NMFS provides to Federal agencies under this section of the regulations. EFH Erdgeschossfußbodenhöhe [m ü.NN] FH Firsthöhe [m] GrF Grundfläche [m²] L Gebäudelänge [m] NF Nutzfläche [m²] T Gebäudetiefe [m] ... Nach dieser Definition hat Holz bei einer Holzheizung, mit Ausnahme von Transport und Verarbeitung, keinen anrechenbaren Primär-Energiebedarf. Comment G: One commenter noted that the rule contains no provisions to ensure that non-fishing interests receive timely notification of Council meetings. Non-fishing groups commented that NMFS arbitrarily designated all habitat as EFH rather than designating “necessary” or “essential” habitats, as the statute requires. Response B: As discussed in the preamble to the interim final rule at 62 FR 66538, NMFS' intent was to provide guidance to Councils for determining when to act to minimize adverse fishing effects to EFH. Moreover, since EFH Conservation Recommendations are non-binding, they do not impose restrictions on proposed actions. Response J: Section 305(b)(4)(A) of the Magnuson-Stevens Act directs NMFS to provide EFH Conservation Recommendations to Federal or state agencies on actions that would adversely affect EFH. Comment A: Several non-fishing groups commented that the EFH regulations are too complex, ambiguous, and burdensome. As addressed in the preamble to the interim final rule at 62 FR 66537, the rule advocates a risk-averse approach to Start Printed Page 2350identifying EFH because of the uncertainty in our knowledge of habitat and its relation to fisheries production. Gemeinde Grafenau Bebauungsplan "Änderung Kapellenberg" in Döffingen ... Diese dient der Definition der maximalen Traufhöhe (TH). Comment H: Two commenters recommended that the final rule provide clarification on how NMFS and the Councils will coordinate in developing recommendations on Federal and state actions to ensure that agencies are not forced to choose between NMFS and Council recommendations. (2) Coordination with states on recommendations to Federal agencies. Comment A: One commenter expressed concern about the quality of information that Councils were using to conduct assessments of the effects of fishing on EFH as required by the interim final rule, and recommended that NMFS provide Councils with a standard of review for non-scientific information such as “gray” literature, videos, and anecdotal information. 4. NMFS will also provide information on ways to improve ongoing Federal operations to promote the conservation and enhancement of EFH. It is not appropriate to provide public or personalized notices of consultations or opportunities for hearings regarding EFH Conservation Recommendations because the recommendations from NMFS are advisory in nature and because these additional steps would be inefficient, time consuming, and beyond the statutory requirements for EFH consultation. Comment E: Several commenters expressed concern that EFH designations would affect the rights of private landowners. Section 305(b)(3) of the Act authorizes Councils to comment on any Federal or state agency action that may affect the habitat, including EFH, of a fishery resource under Council jurisdiction, and requires such comments when a Council believes the action would substantially affect the habitat of an anadromous fishery resource. The final rule clarifies this point and encourages Councils to outline the procedures that will be used to review and update EFH information. Die Erdgeschoßfußbodenhöhe (EFH) wird mit max. Since EFH consultation covers effects to EFH specifically rather than effects to coastal ecosystems in general, it is not appropriate to state in the rule that General Concurrences must benefit coastal ecosystem health. The final rule contains no major substantive changes from the interim final rule, although the final rule includes numerous clarifications, simplifications, and editorial improvements intended to make the regulations easier to use. In summary, the Magnuson-Stevens Act provides authority for the link between EFH and the managed species' contribution to a healthy ecosystem in a number of places. on Section 305(d) of the Act authorizes the Secretary to promulgate such regulations as may be necessary to implement any provision of the Act. Comment I: One Council requested that NMFS rename HAPCs “EFH-HAPCs” to distinguish them from HAPCs identified by the Council prior to enactment of the EFH provisions of the Magnuson-Stevens Act. the official SGML-based PDF version on govinfo.gov, those relying on it for (b) Word usage. Response B: Salmon managed under the Pacific Coast Salmon FMP and the Atlantic Salmon FMP are the only species that currently are both listed under the ESA and managed under the Magnuson-Stevens Act. It would be inappropriate to include in the EFH regulations a requirement for Council or NMFS positions on non-fishing activities to balance competing public interest factors. Section 305(b)(4)(B) requires Federal agencies to respond in writing to such comments. Response: Section 305(b)(1)(D) of the Magnuson-Stevens Act requires the Secretary to coordinate with and provide information to other Federal agencies to further the conservation and enhancement of EFH. Response D: NMFS agrees. In § 600.915 the final rule adds the phrase “and the general public” and “EFH” replaces “such habitat.”. The final rule capitalizes the term “EFH Conservation Recommendations” to help emphasize that these recommendations differ from other EFH-related recommendations discussed in the regulations. (k) Responsibilities of Federal agency following receipt of EFH Conservation Recommendations—(1) Federal agency response. Overfished means any stock or stock complex, the status of which is reported as overfished by the Secretary pursuant to section 304(e)(1) of the Magnuson-Stevens Act. (j) Programmatic consultation—(1) Purpose. If a Federal agency decision is inconsistent with a NMFS EFH Conservation Recommendation, the Assistant Administrator for Fisheries may request a meeting with the head of the Federal agency, as well as with any other agencies involved, to discuss the action and opportunities for resolving any disagreements. Response D: The final rule does not include a time frame for resolving disagreements, nor does it specify sequential levels of review. Another commenter asked Start Printed Page 2348for an explanation of the terms “species richness” and “resilience” within the definition of “healthy ecosystem.”. Response C: The Magnuson-Stevens Act requires that Federal agencies consult on actions that may adversely affect EFH. punkt die Erdgeschossfußbodenhöhe (EFH) der Bebauung festgesetzt. Comment B: One commenter requested clarification regarding the types of entities that a Federal agency may designate as a non-Federal representative for EFH consultation purposes, and expressed concern about the potential resource expenditures for non-Federal representatives to perform these duties. Response A: NMFS provided a detailed response to this comment in the preamble to the interim final rule at 62 FR 66532-66533, and the response remains the same. NMFS responded to the cited comments in the preamble to the interim final rule at 62 FR 66539-66540 and 66543. Comment A: One Federal agency commenter advocated its participation as an active technical team member in the process of developing EFH consultative procedures. By including the language “to the extent practicable” in the requirement to minimize adverse fishing impacts, Congress intended for fishery managers to take both ecological and socioeconomic effects of measures into consideration in determining whether it is appropriate to adopt particular management measures. NMFS held an additional 6 public meetings and numerous briefings nationwide during the comment period on the proposed rule and issued an interim final rule on December 19, 1997 (62 FR 66531). When Council-managed fisheries adversely affect EFH in state waters, the Council should coordinate with the affected state(s) when developing management strategies. Oberkante Attika. § 22 BauNVO) For instance, it might be more effective for Councils to act to prevent particularly damaging adverse effects rather than allowing all types of effects to occur with some degree of minimization. Councils must act to prevent, mitigate, or minimize any adverse effects from fishing, to the extent practicable, if there is evidence that a fishing activity adversely affects EFH in a manner that is more than minimal and not temporary in nature, based on the evaluation conducted pursuant to paragraph (a)(2)(i) of this section and/or the cumulative impacts analysis conducted pursuant to paragraph (a)(5) of this section. documents in the last year. NMFS could recommend that a particular Federal action should not be allowed. Where a state or interstate fishing activity adversely affects EFH, NMFS will consider that action to be an adverse effect on EFH pursuant to paragraph (a)(3) of this section and will provide EFH Conservation Recommendations to the appropriate state or interstate fishery management agency on that activity. Section 303(a)(7) of the Magnuson-Stevens Act requires FMPs to address the effects of fishing on EFH and identify other actions to encourage the conservation and enhancement of EFH.
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