Does the National Marine Sanctuary Program have authority under the NMSA to regulate fishing activities?
Yes. Section 304(a)(5) of the National Marine Sanctuaries Act (NMSA) provides authority to issue regulations as may be necessary to protect the resources and qualities for which individual sanctuaries were designated. This would include regulations for certain fishing activities if determined necessary to protect sanctuary resources or qualities. The NMSA has specific requirements as to how any sanctuary fishing regulations are to be developed. Specifically, the NMSA requires NOAA to provide the relevant fishery management councils the opportunity to prepare draft sanctuary fishing regulations. In doing so, the fishery management council is to use as guidance the national standards of the Magnuson-Stevens Fishery Conservation and Management Act to the extent the standards are consistent and compatible with the goals and objectives of the sanctuary. The scope of a sanctuary’s regulatory authority is further defined in its designation document.
