Code of Federal Regulations Title 50. Wildlife and Fisheries § 50.600.805 Purpose and scope

(1) Species covered. An EFH provision in an FMP must include all fish species in the fishery management unit (FMU). 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.

(2) Geographic. EFH may be described and identified in waters of the United States, as defined in 33 CFR 328.3, and in the exclusive economic zone, as defined in § 600.10. Councils may describe, identify, and protect habitats of managed species beyond the exclusive economic zone;  however, such habitat may not be considered EFH for the purposes of sections 303(a)(7) and 305(b) of the Magnuson–Stevens Act. Activities that may adversely affect such habitat can be addressed through any process conducted in accordance with international agreements between the United States and the foreign nation(s) undertaking or authorizing the action.