Stellwagen Bank FEIS/MP Appendices Pqge Bl 



APPENDIX B: EXISTING FEDERAL AND STATE AUTHORITIES RELEVANT TO MANAGEMENT 

 JURISDICTION 



Introduction 



Appendix B presents an overview of the various Federal and State management authorities which provide 

 statutory responsibility for protecting marine resources in the area of the proposed Stellwagen Bank National 

 Marine Sanctuary. The following discussion describes relevant legislative mandates, and administrative measures 

 taken to implement those mandates. 



Federal Authorities 



Federal statutes vary greatly in scope and approach, ranging from broad-based legislation addressing resource 

 conservation and environmental protection (such as the Magnuson Fishery Conservation and Management Act), 

 to regulation of specific activities and resources. 



Magnuson Fishery Conservation and Management Act (MFCMA), 16 U.S.C. § 1801 et seq. 



The MFCMA provides for the conservation and management of all fishery resources between 3 and 200 nm (5.6 

 and 370 km) offshore. The National Marine Fisheries Service (NMFS), NOAA, Department of Commerce is 

 charged with establishing guidelines for and approving fishery management plans (FMPs) prepared by regional 

 fishery management councils for selected fisheries. These plans determine the levels of commercial and sport 

 fishing consistent with achieving and maintaining the optimum yield of each fishery. The waters of the study area 

 are within the jurisdiction of the New England Fishery Management Council (NEFMC). 



Benthic continental shelf fishery resources located outside state waters, such as lobster and crabs, are subject 

 to management under the MFCMA. Within Federal waters the MFCMA is enforced by the U.S. Coast Guard 

 (USCG) and NMFS. The Act empowers the Secretary of Commerce to enter into agreements with any State 

 agency for enforcement purposes in State waters. Such an agreement exists between the CDFG and NMFS 

 whereby both parties have been deputized to enforce each other's laws. As a result, NEFMC fishery plan 

 enforcement personnel can now enforce State law within 3 nm (5.6 km) and State officers can enforce Federal 

 laws between 3 and 200 nm (5.6 and 370 km). 



The waters of the proposed Stellwagen Bank National Marine Sanctuary are within the primary jurisdiction of 

 the New England Regional Fishery Management Council (NEFMC); some FMP's developed by the Mid-Atlantic 

 Fishery Management Council and the Atlantic States Fishery Management Council are also appUcable to fisheries 

 occurring within the proposed Sanctuary. 



FMP's are currently in place for: American lobster; Atlantic sea scallop; northern shrimp; multi-species (covering 

 cod, haddock, pollack, redfish, yellowtail flounder, winter flounder, American plaice, witch flounder, windowpane 

 flounder, white hake, red hake, silver hake, and ocean pout); Atlantic salmon; bluefish; summer floimder; 

 butterfish; squid; quahog; surf clam; and mackerel. 



Atlantic Tunas Convention Act of 1975 (16 USC § 971 et. seq.). 



The Atlantic Timas Convention Act authorizes the Secretary of Commerce to implement the recommendations 

 of the International Commission for the Conservation of Atlantic Tunas (ICCAT). This authority has been 

 delegated to the Assistant Administrator for Fisheries. Established in 1969, the Convention is responsible for 

 the management of the Atlantic bluefm tuna (Thunnus thvimus ) in the Atlantic Ocean and adjacent seas. After 

 national quotas and other management measures are established by ICCAT, the National Marine Fisheries 



