CFP Regulatory Framework & Compliance 3 — Questions and Answers
Question 1: Under the National Environmental Policy Act (NEPA), which document is required when a federal agency determines that an action may significantly affect the quality of the human environment?
- Environmental Assessment (EA)
- Environmental Impact Statement (EIS) (Correct answer)
- Categorical Exclusion (CE)
- Finding of No Significant Impact (FONSI)
Correct answer: Environmental Impact Statement (EIS)
An Environmental Impact Statement (EIS) is required when a federal action may significantly affect environmental quality; an EA is used to determine whether an EIS is needed.
Question 2: The 'annual catch limit' (ACL) requirement established in the 2006 reauthorization of the Magnuson-Stevens Act must be set at or below which reference point?
- Maximum Sustainable Yield (MSY)
- Acceptable Biological Catch (ABC) (Correct answer)
- Optimum Yield (OY)
- Total Allowable Catch (TAC)
Correct answer: Acceptable Biological Catch (ABC)
ACLs must be set at or below the Acceptable Biological Catch (ABC), which itself must account for scientific uncertainty relative to MSY.
Question 3: Which international body sets binding catch limits for Atlantic bluefin tuna that U.S. domestic regulations must align with?
- Inter-American Tropical Tuna Commission (IATTC)
- International Commission for the Conservation of Atlantic Tunas (ICCAT) (Correct answer)
- Northwest Atlantic Fisheries Organization (NAFO)
- Pacific Fishery Management Council (PFMC)
Correct answer: International Commission for the Conservation of Atlantic Tunas (ICCAT)
ICCAT manages Atlantic tunas and billfish, and U.S. domestic HMS regulations for Atlantic bluefin tuna must comply with ICCAT quota allocations.
Question 4: A fish hatchery releases fish into a navigable waterway. Under Section 404 of the Clean Water Act, which agency issues permits for associated dredge-and-fill activities that may be needed for hatchery infrastructure?
- EPA
- U.S. Army Corps of Engineers (Correct answer)
- NOAA Fisheries
- Bureau of Land Management
Correct answer: U.S. Army Corps of Engineers
The U.S. Army Corps of Engineers (with EPA oversight) administers Section 404 permits for discharge of dredged or fill material into waters of the United States.
Question 5: Which provision of the Magnuson-Stevens Act specifically addresses the protection of essential fish habitat (EFH)?
- Section 101 — Findings
- Section 303(a)(7) — EFH requirement in FMPs (Correct answer)
- Section 306 — State jurisdiction
- Section 402 — Prohibited acts
Correct answer: Section 303(a)(7) — EFH requirement in FMPs
Section 303(a)(7) of the Magnuson-Stevens Act requires each FMP to describe and identify EFH, minimize adverse effects on EFH, and identify actions to conserve and enhance it.
Question 6: In the context of the Marine Mammal Protection Act, what is a 'take' as it applies to marine mammals incidentally caught in fishing gear?
- Only lethal removal of a marine mammal
- Any harassment, hunting, capture, or killing (Correct answer)
- Only intentional capture for scientific purposes
- Any interaction that results in observable injury
Correct answer: Any harassment, hunting, capture, or killing
Under the MMPA, 'take' is broadly defined to include any harassment, hunting, capture, collection, or killing of a marine mammal, including incidental takes in commercial fishing.
Question 7: A fisheries manager is conducting a Section 7 ESA consultation. What document does the action agency submit to the consulting agency to initiate formal consultation?
- Biological Opinion
- Programmatic Assessment
- Biological Assessment (Correct answer)
- Incidental Take Permit
Correct answer: Biological Assessment
The action agency prepares a Biological Assessment (BA) to determine whether a proposed action may affect listed species, which initiates formal Section 7 consultation.
CFP Regulatory Framework & Compliance 3
Under the National Environmental Policy Act (NEPA), which document is required when a federal agency determines that an action may significantly affect the quality of the human environment?