Corpus Christi Liquefaction, LLC and Cheniere Corpus Christi Pipeline L.P., herein submits updates to its design under CP12-507, et al

Corpus Christi Liquefaction, LLC and Cheniere Corpus Christi Pipeline, LP Corpus Christi Liquefaction Project CP12-507-000 & CP12-508-000 Attachment 2B Corpus Christi Liquefaction Project ESSENTIAL FISH HABITAT ASSESSMENT Prepared for Corpus Christi Liquefaction, LLC Prepared by August 2012 Revised January 2013 Essential Fish Habitat Assessment 1.0 INTRODUCTION In 1976, the Magnuson-Stevens Act (MSA) was passed in order to promote fish conservation and management. The MSA granted the National Marine Fisheries Service (NOAA Fisheries) legislative authority for fisheries regulation in the United States within a jurisdictional area located between three miles to 200 miles offshore, depending on geographical location. NOAA Fisheries established eight regional fishery management councils, each responsible for the proper management and harvest of finfish and shellfish resources within their respective geographic regions. Fishery management councils have developed Fisheries Management Plans (FMP), which outline measures to ensure the proper management and harvest of the finfish and shellfish within these waters. Recognizing that many marine fisheries are dependent on nearshore and estuarine environments for at least part of their life cycles, new habitat conservation provisions to the MSA (Public Law 94-265, as amended in 1996 and Public Law 104-297 as amended in 1998) were added, along with other goals, to promote more effective habitat management and protection of marine fisheries. The protection of the marine environments important to marine fisheries, referred to as essential fish habitat (EFH), is required in the review of projects conducted under Federal permits, licenses, or other authorities that affect or have the potential to affect such habitat. EFH is defined as those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity (16 U.S.C. 1802(10)). All estuaries and estuarine habitats in the northern Gulf of Mexico are considered EFH (GMFMC, 1998; 2005; 2010). Federal agencies that authorize, fund, or undertake activities that may adversely impact EFH must consult with the NOAA Fisheries. Although absolute criteria have not been established for conducting EFH consultations, NOAA Fisheries recommends consolidated EFH consultations with interagency coordination procedures required by other statutes, such as the National Environmental Policy Act (NEPA) and Endangered Species Act (ESA), in order to reduce duplication and improve efficiency. Generally, the EFH consultation process includes the following steps: 1) Notification The action agency should clearly state the process being used for EFH consultations (e.g., incorporating EFH consultation into the Environmental Impact Statement (EIS) or Rivers and Harbors Act Section 10 permit). 2) EFH Assessment The action agency should prepare an EFH Assessment ...