CFP Regulatory Framework & Compliance 2 — Questions and Answers
Question 1: Under the Magnuson-Stevens Act, what is the maximum time allowed for a Fishery Management Plan (FMP) amendment to be implemented after NMFS determines it is necessary to end overfishing?
- 1 year
- 2 years (Correct answer)
- 3 years
- 5 years
Correct answer: 2 years
The Magnuson-Stevens Act requires that actions to end overfishing be implemented within 2 years of a determination that overfishing is occurring.
Question 2: Which federal law specifically prohibits the taking of migratory birds, including those that are incidentally caught as bycatch in fishing operations?
- Endangered Species Act
- Migratory Bird Treaty Act (Correct answer)
- Marine Mammal Protection Act
- National Environmental Policy Act
Correct answer: Migratory Bird Treaty Act
The Migratory Bird Treaty Act (MBTA) prohibits the take, possession, or killing of migratory birds by any means, including incidental capture in fishing gear.
Question 3: A Regional Fishery Management Council proposes an emergency rule. Under the Magnuson-Stevens Act, how long can an emergency action remain in effect without being extended?
- 90 days
- 180 days (Correct answer)
- 270 days
- 1 year
Correct answer: 180 days
Emergency rules under the Magnuson-Stevens Act can remain in effect for 180 days and can be extended once for an additional 186 days.
Question 4: Which section of the Clean Water Act requires permits for discharges of pollutants from point sources into waters of the United States, which can affect fish habitats?
- Section 303
- Section 319
- Section 401
- Section 402 (Correct answer)
Correct answer: Section 402
Section 402 of the Clean Water Act establishes the National Pollutant Discharge Elimination System (NPDES) permit program for point source discharges.
Question 5: When the US Fish & Wildlife Service lists a fish species as threatened under the ESA, which action is NOT automatically triggered?
- Section 7 consultation requirements for federal agencies
- Prohibition of take for private landowners (Correct answer)
- Critical habitat designation
- Prohibition of interstate commerce of the species
Correct answer: Prohibition of take for private landowners
For threatened (not endangered) species, Section 9 take prohibitions do not apply automatically to private parties unless USFWS issues a special rule under Section 4(d) extending those protections.
Question 6: Which entity has primary authority for managing highly migratory species (HMS) such as tunas, billfish, and sharks in federal waters?
- Regional Fishery Management Councils
- NOAA Fisheries (NMFS) directly (Correct answer)
- State Marine Fisheries Commissions
- U.S. Coast Guard
Correct answer: NOAA Fisheries (NMFS) directly
Under the Magnuson-Stevens Act, NMFS manages highly migratory species directly without delegating authority to Regional Fishery Management Councils.
Question 7: A state fisheries agency wants to regulate fishing in an area between 3 and 200 nautical miles offshore. What legal constraint applies?
- States have full authority in this zone with NMFS approval
- States can only regulate their registered vessels in this zone
- Federal law preempts state authority beyond 3 nautical miles unless delegated (Correct answer)
- States must obtain a treaty waiver from NOAA to regulate in this zone
Correct answer: Federal law preempts state authority beyond 3 nautical miles unless delegated
State authority over fisheries generally extends only to 3 nautical miles; beyond that, the Exclusive Economic Zone is under federal jurisdiction per the Magnuson-Stevens Act.
CFP Regulatory Framework & Compliance 2
Under the Magnuson-Stevens Act, what is the maximum time allowed for a Fishery Management Plan (FMP) amendment to be implemented after NMFS determines it is necessary to end overfishing?