Regulatory Framework & Compliance Flashcards

Which law requires federal agencies to consult with the U.S. Fish and Wildlife Service and NMFS on the effects of their actions on fish and wildlife resources, predating the ESA?

Answer: Fish and Wildlife Coordination Act (1934)

The Fish and Wildlife Coordination Act requires federal agencies to consult with USFWS and NMFS when waters are impounded, diverted, or controlled, predating more modern environmental laws.

Under the Marine Mammal Protection Act, which document must a Category I or II commercial fishery obtain to legally operate when incidental take of marine mammals may occur?

Answer: Authorization through a registered Fishery under the MMPA Section 118 framework

Section 118 of the MMPA establishes a take reduction program framework under which commercial fisheries registered with NMFS may incidentally take marine mammals within defined limits.

A state proposes a tribal fishing compact that would allow tribal members to harvest fish above the levels set in an interstate management plan. Which principle governs the resolution of this conflict?

Answer: Tribal treaty rights are protected federally and may supersede state management measures

Tribal treaty fishing rights are protected under federal law and the Constitution; states generally cannot impose regulations that abridge these rights without federal authorization.

The Sportfishing and Boating Partnership Council advises USFWS on issues related to which aspect of fishery management?

Answer: Recreational fishing access, habitat, and aquatic resource conservation

The Sportfishing and Boating Partnership Council advises USFWS on matters related to recreational fishing, boating, and aquatic resource conservation under the Sport Fish Restoration Program.

Under the Magnuson-Stevens Act's National Standard 8, management measures must consider the importance of fishery resources to fishing communities. What must councils specifically do to comply?

Answer: Assess and mitigate negative social and economic effects on fishing communities to the extent practicable

National Standard 8 requires councils to assess the importance of fishery resources to fishing communities and minimize adverse economic impacts on them to the extent practicable.

A fisheries biologist discovers an unpermitted discharge of fish processing waste into a stream. Under the Clean Water Act, what is the maximum civil penalty per day of violation that EPA can administratively assess?

Answer: $16,000

EPA can administratively assess civil penalties up to $16,000 per day per violation under CWA Section 309(g), with amounts adjusted periodically for inflation.

Which of the following best describes the legal concept of 'adverse modification' of critical habitat under the ESA, as refined by the courts after Gifford Pinchot Task Force v. U.S. Fish and Wildlife Service (2004)?

Answer: Destruction or adverse modification that appreciably diminishes the value of critical habitat for both survival and recovery of the species

The Gifford Pinchot decision held that adverse modification must be evaluated with respect to both survival and recovery of the species, rejecting the narrower 'survival only' interpretation in old regulations.