United States

Responsibility for fish habitat conservation, protection and management in the U.S. is dispersed through a range of legislative intruments and agencies at both the Federal and State levels.

U.S. National Fish Habitat Conservation Act introduced in the Senate in June 9, 2009.

At the federal level in the U.S., fish habitat conservation and protection derives from: 

• Magnuson-Stevens Act (2007)/Sustainable Fisheries Act (1996) - Protection of Essential Fish Habitat (EFH) for managed species to sustain fisheries for marine and diadromous species
• Clean Water Act (CWA) - protection of wetlands under section 404, containing a No Net Loss provision through "compensatory mitigation
• Endangered Species Act (ESA) - protection of habitat to support recovery of listed species
• National Environmental Policy Act (NEPA) - requires all U.S. federal agencies to prepare environmental impact statements for major Federal actions significantly affecting the quality of the human environment
• Wilderness Act (1964) - Establishes a National Wilderness Preservation System that provides opportunities to preserve and protect fish habitat
• Federal Land Policy and Management Act (FLPMA) - Bureau of Land Management - legislation directing the incorporation of fish habitat conservation and protection considerations into regulatory decisions, where feasible and practical, within an overarching development direction and mandate 
• Outer Contintental Shelf Lands Act - legislation directing the incorporation of fish habitat conservation and protection considerations into regulatory decisions, where feasible and practical, within an overarching development direction and mandate 
• Federal Power Act - Commission required to give equal consideration to the following purposes: power and development; energy conservation; protection, mitigation of damage to and enhancement of fish habitat; protection of recreational opportunities; and, preservation of other aspects of environmental quality
• Pacific Northwest Electric Power Planning and Conservation Act - addresses the impact on fish and wildlife of hydroelectric dams on the Columbia River
• Estuary Restoration Act (2000) - makes estuary restoration a national priority

A National Fish Habitat Conservation Act was introduced into the U.S. Senate in September 2008.

Revised Regulations Governing Compensatory Mitigation
On March 31, 2008, EPA and the U.S. Army Corps of Engineers (the Corps) issued revised regulations governing compensatory mitigation for authorized impacts to wetlands, streams, and other waters of the U.S. under Section 404 of the Clean Water Act. These regulations are designed to improve the effectiveness of compensatory mitigation to replace lost aquatic resource functions and area, expand public participation in compensatory mitigation decision making, and increase the efficiency and predictability of the mitigation project review process. Links to the final rule and supporting materials can be found below.

http://www.epa.gov/wetlandsmitigation/

 NOAA Office of Habitat Conservation

United States National Fish Habitat Action Plan

Under the U.S. National Fish Habitat Action Plan, A Framework for Assessing the Nation's Fish Habitat (2006) has been prepared by the National Fish Habitat Science and Data Committee.

Essential Fish Habitat - Magnuson-Stevens Act 

Essential Fish Habitat Marine

Diadromous Fish Habitat and Hydropower

Pacific Coast Marine Habitat Program

NOAA Northwest Regional Office Salmon Habitat

Like the U.S. federal framework, provision for the protection, compensation and management of fish habitat is often reflected in a variety of State legislation.

The section of FishHabitatNexus.com applicable to U.S. federal and state provisions will be added to as the website grows. If you have information that to be added, in order to make FishHabitatNexus.com a better tool for users please submit it.

U.S. Fish and Wildlife Service - Critical Habitat Portal