The response shall include a description of the measures proposed by the agency for avoiding, mitigating, or offsetting the impact of the activity on such habitat. In the case of a response that is inconsistent with the recommendations of the Secretary, the Federal agency shall explain its reasons for not following the recommendations. EFH consultation is not required for completed actions, e.g., issued permits.
Consultation is required for renewals, reviews, or substantial revisions of actions.
Consultation on Federal programs delegated to non-Federal entities is required at the time of delegation, review, and renewal of the delegation. NMFS and Federal agencies responsible for funding actions that may adversely affect EFH should consult on a programmatic level, if appropriate, with respect to these actions. However, NMFS should have at least 60 days notice prior to a final decision on an action, or at least 90 days if the action would result in substantial adverse impacts. NMFS and the action agency may agree to use shorter timeframes if they allow sufficient time for NMFS to develop EFH conservation recommendations. If the EFH Assessment is contained in another document, that section of the document must be clearly identified as the EFH Assessment.