Regulatory Framework & Compliance Flashcards
7 cards from real CFP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Regulatory Framework & Compliance flashcards as text
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?
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.
Which federal law specifically prohibits the taking of migratory birds, including those that are incidentally caught as bycatch in fishing operations?
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.
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?
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.
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?
Answer: Section 402
Section 402 of the Clean Water Act establishes the National Pollutant Discharge Elimination System (NPDES) permit program for point source discharges.
When the US Fish & Wildlife Service lists a fish species as threatened under the ESA, which action is NOT automatically triggered?
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.
Which entity has primary authority for managing highly migratory species (HMS) such as tunas, billfish, and sharks in federal waters?
Answer: NOAA Fisheries (NMFS) directly
Under the Magnuson-Stevens Act, NMFS manages highly migratory species directly without delegating authority to Regional Fishery Management Councils.
A state fisheries agency wants to regulate fishing in an area between 3 and 200 nautical miles offshore. What legal constraint applies?
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.