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EFH/MPA COMITTEE STAFF DRAFT NEFMC MPA POLICY Last revised: 8/12/2005
Based on input received at MPA Education and Outreach Workshops (May 2005)

1.0 Background
According to Executive Order 13158, which was signed on May 26, 2000 by President Clinton, defines a marine protected area (MPA) as

"any area of the marine environment that has been reserved by federal, state, territorial, tribal, or local laws or regulations to provide lasting protection for part or all of the natural and cultural resources therein."

Definitions
"Area" is defined as: Marine site or region that has legally defined geographic boundaries. The site or region shall not include the entire US EEZ or an entire state's waters.

"Reserved" is defined as: Legally established by federal, State, territorial, tribal or location governmental authority.

"Lasting" is defined as "enduring long enough to enhance the conservation, protection, or sustainability of natural or cultural marine resources. The minimum duration of "lasting" protection ranges from 10 years to indefinite, depending on the purpose and level of protection. An "Indefinite" duration of protection means-that the intent at the time of designation is permanent protection. The distinction between the terms "indefinite" and "permanent" acknowledges that MPA designation and level of protection may change for various reasons, including natural processes that may destroy or alter resources, or changes in societal values.

"Management Plan" is defined as: A coordinated strategy of programmed interventions and action plans that meet the goals and objectives of the MPA

"Monitoring and evaluation" is defined as: the process-based on independently reviewed natural and social science, as well as other information-of determining whether, and to what extent, a MPA has met or is on course to meet its specified goals and objectives, and whether modifications are warranted.

"Protection" is defined as: established with the goal of providing an enhanced level of conservation for part or all of the natural and cultural resources therein. Cultural resource does not include historical fishing levels or historical fishing communities

2.0 Draft Policy Statement

2.1.1 The Council believes that Marine Protected Areas (MPAs), as defined in Executive Order 13158, can be a useful management tool to aid in the rebuilding of depleted fish stocks, the protection of fish stocks from over-exploitation, and the protection of essential fish habitat.

2.1.2 The Council will continue to use MPAs when and where appropriate to meet the goals and objectives of its FMPs. The Council believes that no-take marine reserves are a very specific type of MPA that should be used only in very specific circumstances.

2.2 Establishment:
Given the regulatory authority of the New England Fisheries Management Council (Council) provided by the Sustainable Fisheries Act of 1996, when considering regulations that will apply to specific areas that meet the criteria laid out by the implementation of E.O. 13158, the Council will strive to enact marine protected areas (MPA) that meet one or more of the following conditions:

2.2.1 Will have a clearly stated purpose and objective where the purpose shall be based on clearly defined fishery management concerns. These include but are not limited to decreases in fish stocks, decreases in reproduction, fishing pressure, and ecological considerations.

2.2.2 Shall allow for the strengthening of the resource both within and outside the designated MPA boundary in order to promote multigenerational equity.

2.2.3 Shall be established based on best available science and a thorough investigation and evaluation of this science. The design will consider marine physical features (shelves basins, troughs and seabed), ecological process, trophic dynamics, species composition (resident and migratory), associated hydrology and ocean patterns (currents, temperature).

2.2.4 Shall be established to meet one or more of the following categories:

Category A: Area to protect a single species
Category B: Area to protect multiple species
Category C: Area to protect essential fish habitat

Category D: Area for Research/Monitoring* closed to all extractive uses, including commercial and/or recreational fishing, except for what is required for research and monitoring purposes.

* Within research/monitoring areas, the NEFMC will work with other agencies to prohibit other activities that may negatively affect of prevent the MPA from doing what it is setup to do. These activities may include dumping, pipeline construction etc.

2.3 Implementation and Management:

2.3.1 In accordance with its clearly stated purpose, goal, and level of protection, an MPA will have an associated management plan as well as a Monitoring and Assessment Plan (MAP) developed prior to establishment. The MAP will include a description of the metrics or measurement topics to be evaluated by the MPA as well as a research plan that details data needs (short- and long-term) for the MAP to be successfully implemented.

2.3.2 Monitoring and evaluation shall consider data compiled associated with the metrics outlined in the Monitoring and Assessment Plan (MAP) which could include metric on the following topics, where possible: structure of marine communities (abundance, age structure, species diversity, and spatial distribution), habitat maintenance and recovery, indicators of water quality or environmental degradation (pollutants, nutrient levels, siltation) and socioeconomic attributes and impacts (National Academy of Sciences, 2001).

2.3.3 The Council believes that to be most effective, MPAs, once established, should be managed cooperatively with other Federal agencies to ensure adequate protection from non-fishing-related activities such as sand and gravel mining, oil, gas and mineral exploration and extraction, channel dredging and dredge material disposal, pollution, and cable and pipeline installation.

2.3.4 Newly created MPAs will be subject to adaptive management practices. Each MPA will undergo a periodic review every two years. After the ten years, the goals, purpose, function, boundaries, and timeframe will be assessed and changes may be made.

2.3.5 MPA boundaries shall be clearly expressed and enforceable.

2.4 Applicability:

MPAs shall be enacted to follow the purposes laid out in Executive Order 13158 and the policy statement applies to all waters under the jurisdiction of the New England Fisheries Management Council.

2.5 Communication: Education and Outreach:
2.5.1 The Council will create a public forum that will include relevant updates regarding the monitoring and status of MPAs.

2.5.2 The Council will include the widest variety of stakeholders possible during the creation, implementation, monitoring/assessment and adaptive phases of the life of an MPA.

2.6 References
National Academy of Science, 2001. Marine Protected Areas: Tools for Sustaining Ocean Ecosystem

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