CFP Fisheries Policy & Regulation 3 — Questions and Answers
Question 1: Which of the following best describes the concept of 'Essential Fish Habitat' (EFH) as defined under the Magnuson-Stevens Act?
- All ocean areas where fish are found at any time
- Waters and substrate necessary for fish spawning, breeding, feeding, or growth to maturity (Correct answer)
- Areas closed to all fishing activity permanently
- Habitat designated solely for endangered marine species
Correct answer: Waters and substrate necessary for fish spawning, breeding, feeding, or growth to maturity
EFH is defined as those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity, and FMPs must minimize adverse effects on EFH.
Question 2: The Marine Mammal Protection Act of 1972 established which important concept for managing bycatch of marine mammals?
- Biological Reference Points
- Potential Biological Removal (PBR) (Correct answer)
- Maximum Economic Yield
- Optimum Sustainable Population
Correct answer: Potential Biological Removal (PBR)
PBR is the maximum number of animals that can be removed from a marine mammal stock while allowing it to reach or maintain its optimum sustainable population level.
Question 3: In the context of U.S. fisheries law, what is the 'Exclusive Economic Zone' (EEZ)?
- State waters from shore to 3 nautical miles
- Federal waters from 3 to 200 nautical miles offshore (Correct answer)
- International waters beyond 200 nautical miles
- Zones where only commercial fishing is permitted
Correct answer: Federal waters from 3 to 200 nautical miles offshore
The U.S. EEZ extends from 3 to 200 nautical miles offshore, where the Magnuson-Stevens Act grants the U.S. sovereign rights over fishery resources.
Question 4: What is the role of the Scientific and Statistical Committees (SSCs) within Regional Fishery Management Councils?
- Setting fishing seasons and gear restrictions
- Providing independent scientific advice including recommending acceptable biological catch levels (Correct answer)
- Enforcing regulations through at-sea monitoring
- Allocating catch shares among competing sectors
Correct answer: Providing independent scientific advice including recommending acceptable biological catch levels
SSCs provide independent scientific and statistical advice to their councils, including recommendations on ACLs and the scientific basis for management measures.
Question 5: Which international agreement governs the conservation and management of highly migratory fish stocks on the high seas?
- Convention on International Trade in Endangered Species (CITES)
- UN Fish Stocks Agreement (UNFSA) (Correct answer)
- Ramsar Convention on Wetlands
- Basel Convention
Correct answer: UN Fish Stocks Agreement (UNFSA)
The 1995 UN Fish Stocks Agreement provides a framework for the conservation and management of straddling and highly migratory fish stocks through regional fisheries management organizations.
Question 6: Under the National Environmental Policy Act (NEPA), what document is required when a federal fisheries action is found to significantly affect the environment?
- Biological Opinion
- Environmental Impact Statement (EIS) (Correct answer)
- Finding of No Significant Impact (FONSI)
- Essential Fish Habitat Assessment
Correct answer: Environmental Impact Statement (EIS)
When an Environmental Assessment determines that a federal action significantly affects the environment, a full Environmental Impact Statement must be prepared.
Question 7: The Sustainable Fisheries Act of 1996 amended the Magnuson-Stevens Act primarily to require that fishery management plans address which issue?
- Aquaculture permitting
- Bycatch reduction and rebuilding overfished stocks (Correct answer)
- Elimination of all recreational fishing fees
- Transfer of EEZ management to state agencies
Correct answer: Bycatch reduction and rebuilding overfished stocks
The 1996 SFA required FMPs to include measures to minimize bycatch and to rebuild overfished stocks within specified timeframes.
Which of the following best describes the concept of 'Essential Fish Habitat' (EFH) as defined under the Magnuson-Stevens Act?