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SUPPORTING DOCUMENTS
American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the
Endangered Species Act
Discusses and clarifies the responsibilities of the federal
government when enforcing the Endangered Species Act on tribal lands, or when
the ESA has an impact on the exercise of tribal rights. (US Department of the
Interior, Interior/Commerce Secretarial Order #3206, June. Archive: NAE, 1997).
NOAA Fisheries OLE
West Coast Draft Strategic Plan, 2004-2005
NOAA Fisheries
National Strategic Plan, 2003-2007
National Marine Fisheries Service Strategic Plan, FY2005-FY2010
NOAA
Strategic Planning Office web site
Summary
of the Lacey Act Amendments of 1981
Source: Digest
of Federal Resource Laws of Interest to the
U.S. Fish
and Wildlife Service. Under this law, it is unlawful to import, export, sell,
acquire, or purchase fish, wildlife or plants taken, possessed, transported, or
sold: 1) in violation of U.S. or Indian law, or 2) in interstate or foreign
commerce involving any fish, wildlife, or plants taken possessed or sold in
violation of State or foreign law.
The
Sustainable Fisheries Act (P.L.
104-297)
In October 1996 the Sustainable Fisheries
Act (SFA) became law. The SFA amended the Magnuson Fishery Conservation and
Management Act (renamed the Magnuson-Stevens Fishery Conservation and Management
Act). SFA amendments and changes to the Magnuson Act include numerous
provisions requiring science, management and conservation actions by NOAA
(Source: NOAA
Fisheries Web Page).
Magnuson-Stevens Fishery Conservation & Management Act (MSA)
The MSA is the
nation’s primary fisheries conservation law. Originally developed in 1976 and
amended in 1996, the Act provides for federal management of fisheries in the
U.S. Exclusive Economic Zone. The Act establishes authority with the Department
of Commerce, through the National Oceanic and Atmospheric Administration’s
Fisheries Service and the eight regional fishery management councils, for
management of U.S. fishing industries and conservation of living marine
resources.
(Public
Law 94-265 ― as amended by the SFA, October 11, 1996)
Reauthorization of the MSA --
The Magnuson-Stevens Fishery Conservation & Management Act of 2005
On September 19th
2005, the Bush Administration released its bill to reauthorize the
Magnuson-Stevens Fishery Conservation and Management Act. The bill contains key
elements to implement the President’s 2004 Ocean Action Plan and calls for a
hard deadline to end overfishing. “For over 30 years, Magnuson-Stevens
has been our guide for wise stewardship of the nation’s fisheries resources and
helped the U.S. become a world leader in marine science and conservation as a
result. The Administration’s reauthorization bill builds upon these successes
while evolving to meet today’s changing needs” (Commerce Secretary Carlos M.
Gutierrez). A revised version was posted December 2nd 2005 that
includes corrections to the Lacey Act provisions.
Marine
Mammal Protection Act (MMPA) of 1972
The Administration transmitted its
Marine Mammal
Protection Act (MMPA) reauthorization bill to Congress on June 16, 2005.
NMFS' Office of Protected Resources has worked with its partners at the U.S.
Fish and Wildlife Service, Marine Mammal Commission, Department of Defense, and
others to develop a legislative proposal on behalf of the Administration to
reauthorize the MMPA. Among other proposals, the bill includes amendments to:
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clarify the harassment definition;
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strengthen marine mammal bycatch reduction initiatives; and,
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enhance the enforcement capabilities of the Act.
Endangered
Species Act (ESA) of 1973
The ESA provides for the conservation of species that are endangered or
threatened with extinction throughout all or a significant portion of their
range, and the conservation of the ecosystems on which they depend. "Species" is
defined in the ESA as including a species, a subspecies, or, for vertebrates
only, a distinct population segment. Pacific salmon are listed as evolutionarily
significant units (ESUs), (equivalent to a DPS). The ultimate purpose of the ESA
is to conserve the Nation's natural heritage for the enjoyment and benefit of
current and future generations. The ESA was passed in 1973, replacing the
Endangered Species Conservation Act of 1969. Since that time, it has been
amended several times.
There are currently 1,855 listings (endangered and threatened) under the ESA.
NOAA Fisheries has jurisdiction over
61
listed species.
Native American
Graves Protection and Repatriation Act
(NAGPRA 1990) as amended
This Act became
law on November 16, 1990 (Public Law 101-601; 25 U.S.C. 3001 et seq.) and has
been amended twice. Section 10 (a) The Secretary is authorized to make
grants to Indian tribes and Native Hawaiian organizations for the purpose of
assisting such tribes and organizations in the repatriation of Native American
cultural items. Section 15 The United States district courts shall have
jurisdiction over any action brought by any person alleging a violation of this
Act and shall have the authority to issue such orders as may be necessary to
enforce the provisions of this Act.
The Mitchell Act
The Mitchell Act
directs the Secretary of Commerce to carry on activities for the conservation of
fishery resources in the Columbia River Basin. Restoration activities include
fish screens on irrigation withdrawal sites and pump stations, and development
and operation of artificial production facilities. In recent years, it has
provided enforcement funding to achieve compliance of fish screens on irrigation
diversions and pump stations.
Pacific Northwest Electric Power Planning and Conservation Act (Northwest
Power Act) —
The Northwest
Power Act (§16 U.S.C. §§ 839-839h, December
5, 1980) provided for the establishment of the Northwest Power and Conservation
Council (Council). The Northwest Power Act also directs the Council to develop a
program to protect, mitigate, and enhance the fish and wildlife of the Columbia
River Basin. The Act requires Bonneville's Administrator to use Bonneville's
funding authorities to protect, mitigate, and enhance fish and wildlife affected
by the development and operation of the FCRPS and to do so in a manner
consistent with the Council's program while ensuring the Pacific Northwest an
adequate, efficient, economical, and reliable power supply.
Increased Levels of Harvest and Habitat Law Enforcement and Public
Awareness for Anadromous Salmonids and Resident Fish in the Columbia
River Basin
Steven Vigg
(Editor, 1995)
Needs Assessment of
Tribal Law Enforcement in Columbia River Tributaries Relative to
Columbia River Anadromous Salmonid Mitigation & Restoration
by Steven Vigg
and Rachel Stevens (1996)
"COLUMBIA
RIVER BASIN A Multilayered Collection of Directives and Plans Guides Federal
Fish and Wildlife Activities". Published by the United
States General Accounting Office (June 2004). It provides a comprehensive
description of laws, Acts and citations relevant to Fish & Wildlife management
and enforcement in the Columbia Basin.
Summaries of Major Laws Implemented by the National Marine Fisheries Service
by Eugene H.
Buck (1995)
Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife
Service
Updated in 2003, the the Digest of Federal Resource Laws is a comprehensive
listing and description of federal authorities under which the Fish and Wildlife
Service functions, including Administrative Laws, Treaties, Executive Orders,
Interstate Compacts and Memoranda of Agreement.
Summaries of Environmental Laws Administered by the EPA
Congressional Research Service Report RL30022
Federal
Wildlife and Related Laws Handbook
The Center for
Wildlife Law at the University of New Mexico.
BPA - F&W Program: LEGAL FRAMEWORK: Laws, Treaties and Executive Orders
This section of the
Bonneville Power Administration (BPA) website provides a listing of key statues,
treaties and executive orders that are related to the fish and wildlife program.
Native Americans and the Environment
at the National
Library for the Environment
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