Regulatory Framework & Compliance Flashcards

Under the Lacey Act, which of the following activities is a federal violation related to fish and wildlife?

Answer: Importing fish harvested in violation of any foreign law

The Lacey Act prohibits trade in fish, wildlife, or plants that were taken, possessed, transported, or sold in violation of any federal, state, tribal, or foreign law.

Which standard must be met for NMFS to issue an Incidental Take Statement (ITS) as part of a Section 7 Biological Opinion?

Answer: The take is unlikely to jeopardize the species' continued existence

An ITS can be issued only when NMFS concludes the action is not likely to jeopardize the species or destroy/adversely modify critical habitat (a 'no jeopardy' opinion).

A commercial fishing vessel operating in U.S. EEZ waters is required to carry a federal observer. The vessel captain refuses to allow the observer aboard. Under the Magnuson-Stevens Act, what penalty applies?

Answer: Civil penalty up to $100,000 per violation

The Magnuson-Stevens Act allows civil penalties of up to $100,000 per violation for prohibited acts such as refusing to allow an authorized observer to board.

The Atlantic Striped Bass Conservation Act requires that federal regulations be consistent with the management plan developed by which organization?

Answer: Atlantic States Marine Fisheries Commission (ASMFC)

The Atlantic Striped Bass Conservation Act mandates federal consistency with the ASMFC's Interstate Fishery Management Plan for Atlantic striped bass.

Under the Endangered Species Act, what is the legal consequence when a federal agency's action is found to 'jeopardize the continued existence' of a listed species in a Biological Opinion?

Answer: NMFS/USFWS must suggest 'reasonable and prudent alternatives' the agency may adopt

When a jeopardy finding is made, the consulting agency must identify Reasonable and Prudent Alternatives (RPAs) that would avoid jeopardy if adopted by the action agency.

Which provision of the Magnuson-Stevens Act addresses the allocation of fishing privileges among fishermen and requires that such allocation be fair and equitable?

Answer: National Standard 4

National Standard 4 requires that conservation and management measures, when it becomes necessary to allocate or assign fishing privileges, must be fair and equitable to all fishermen.

A fish passage project requires modifying a dam on a federally licensed river. Which agency administers the license that would need to be amended or conditioned to require fish passage?

Answer: Federal Energy Regulatory Commission (FERC)

FERC licenses non-federal hydroelectric projects and has authority to include fish passage conditions in licenses under the Federal Power Act and Fish and Wildlife Coordination Act.