Stellwagen Bank FEIS/MP Appendices Page B2 



Service establishes U.S. quotas and regulations for commercial and recreational fishing. 



Atlantic Fisheries Act of 1942. as amended . 



This act authorized the creation of the Atlantic States Marine Fisheries Commission. The Commission is 

 composed of all Atlantic coastal states, each represented by the head of the fisheries administrative agency, a 

 legislative appointee, and a governor's appointee, The Commission provides a forum for discussion and 

 resolution of common fishery problems. Under Amendment I of its charter, the states can develop joint 

 management regulations for fishery resources primarily in state waters and shared by one or more states. Under 

 contract from the NMFS, the Commission administers the Federally-funded Interstate Fisheries Management 

 Program. Interstate fisheries management plans include northern shrimp, lobster, striped bass, ^lnd summer 

 flounder. 



Endangered Species Act (ESA) . 16 U.S.C. §§ 1531-1543. 



The Federal Endangered Species program provides protection for hsted species of animals and plants in both 

 State waters and the waters beyond. The U.S. Fish and Wildlife Service (FWS) and NMFS determine which 

 species need protection and maintain a hst of endangered and threatened species. One of the most significant 

 protections provided by the Endangered Species Act is the prohibition on taking. The term "take" is defmed 

 broadly to mean "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage 

 in any such conduct" (16 USC §1532(19)). The FWS regulations defme the term "harm" to mean an act which 

 actually kills or injures wildlife, including significant habitat modification or degradation where it actually kills 

 or injures wildhfe by significantly impairing essentieil behavioral patterns, including breeding, feeding or 

 sheltering. The regulations defme the term "harass" to mean "an intentional or negligent act or omission which 

 creates the likelihood of injury to wildUfe by annoying it to such an extent as to significantly disrupt normal 

 behavioral patterns which include, but are not limited to, breeding, feeding or sheltering" (50 CFR 17.3). 



The Endangered Species Act also provides for the indirect protection of endangered species and their habitats 

 by estabhshing a consultation process designed to insure that projects authorized, funded or carried out by 

 Federal agencies are not likely to jeopardize the continued existence of endangered or threatened species, or 

 "result in the destruction or modification of habitat of such species which is determined adverse... to be critical" 

 (16 USC §1536). Critical habitat areas for endangered species are designated by the FWS and NMFS. The 1978 

 amendments to the Act establish a Cabinet level committee authorized to exempt Federal agencies (through an 

 elaborate review process) from compliance with their responsibihties with regard to the jeopardy standard and 

 critical habitat. 



Several endangered marine mammal species occur within the proposed Sanctuary area, including: the humpback 

 whale, fm whale, northern right whale, sei whale, and blue whale. Listed species of marine reptiles include: the 

 leatherback sea turtle (E), loggerhead sea turtle (T), Kemp's (or Atlantic) ridley sea turtle (E), and green sea 

 turtle (T). Marine mammals and marine reptiles listed under the ESA are the responsibihty of the National 

 Marine Fisheries Service. Listed species of birds occurring within the proposed Sanctuary area are: the peregrine 

 falcon (E), bald eagle (E), roseate tern (E), and piping plover (T). These species are the responsibility of the 

 Fish and Wildlife Service. 



Although no critical habitat area occurring within the proposed Sanctuary has been established for any of these 

 species, the Right Whale Recovery Team has petitioned the National Marine Fisheries Service to estabUsh critical 

 habitat for the northern right whale in waters incorporating part of the proposed Sanctuary (55 FR 28670, July 

 12, 1990). 



