Federal MPA Legislation

This page contains some of the legislation in place that provides the authority for various federal agencies and government entities to establish, manage, monitor and/or evaluate marine protected areas at the federal level. This list is not inclusive.

Antiquities Act (1906): Authorizes the President to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with proper care and management of the objects to be protected. Also permits for the examination of ruins, the excavation of archaeological sites, and the gathering of objects of antiquity upon the lands under their respective jurisdictions may be granted by the Secretaries of the Interior and Agriculture to institutions which they may deem properly qualified to conduct such examination, excavation, or gathering, subject to such rules and regulation as they may prescribe.

Coastal Zone Management Act (1972): A federal authority that establishes the Coastal Zone Management Program and the National Estuarine Research Reserves System. It provides a framework for decision-making that balances coastal resource use and conservation.

Endangered Species Act (1973): A 1973 Federal law, amended in 1978 and 1982, to protect troubled species from extinction. The National Marine Fisheries Service and U.S. Fish and Wildlife Service decide whether to list species as threatened or endangered. Federal agencies must avoid jeopardy to and aid the recovery of listed species. Similar responsibilities apply to non-federal entities.

Fish And Wildlife Coordination Act (1934): Provides the basic authority for the U.S. Fish and Wildlife Service's involvement in evaluating impacts to fish and wildlife from proposed water resource development projects. It requires that fish and wildlife resources receive equal consideration to other project features. It also requires that federal agencies that construct, license, or permit water resource development projects must first consult with the Fish and Wildlife Service (and the National Marine Fisheries Service in some instances) and state fish and wildlife agencies regarding the impacts on fish and wildlife resources and measures to mitigate these impacts.

Magnuson-Stevens Fishery Conservation and Management Act (1976; amended 1996): Calls for assessment and consideration of ecological, economic, and social impacts of fishing regulations on fishery participants and fishing communities in marine fishery management plans.

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Marine Mammal Protection Act (1972): Established to protect and manage marine mammals and their products (e.g., the use of hides and meat). The primary authority for implementing the act belongs to the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. The Act prohibits the "take" of marine mammals, which is defined as "to harass, hunt, capture or kill, or attempt to harass, hunt, capture or kill any marine mammal." The term "harassment" is further defined as "any act of pursuit, torment or annoyance which has the potential to injure a marine mammal or marine mammal stock in the wild or has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering."

National Marine Sanctuaries Act (1972): Authorizes the Secretary of Commerce to designate and manage areas of the marine environment with special national significance due to their conservation, recreational, ecological, historical, scientific, cultural, archeological, educational, or esthetic qualities as National Marine Sanctuaries. The primary objective of this law is to protect marine resources, such as coral reefs, sunken historical vessels, or unique habitats. The Act also directs the Secretary to facilitate all public and private uses of those resources that are compatible with the primary objective of resource protection. Sanctuaries are managed according to site-specific management plans prepared by the National Oceanic and Atmospheric Administration's (NOAA) National Marine Sanctuary Program.

National Park Service Organic Act (1916): Established to promote and regulate the use of the federal areas known as national parks, monuments, and reservations hereinafter specified….”to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment for the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations."

National Historic Preservation Act (1966): Congress made the federal government a full partner and a leader in historic preservation: to "provide leadership" for preservation, "contribute to" and "give maximum encouragement" to preservation, and "foster conditions under which our modern society and our prehistoric and historic resources can exist in productive harmony."

National Wildlife Refuge System Administration Act (1966): Provides for the administration and management of the national wildlife refuge system, including wildlife refuges, areas for the protection and conservation of fish and wildlife threatened with extinction, wildlife ranges, game ranges, wildlife management areas and waterfowl production areas.

Wilderness Act (1964): Set aside certain federal lands as wilderness areas. These areas, generally 5,000 acres or larger, are wild lands largely in their natural state. The act says that they are areas "...where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain." Four federal agencies of the United States government administer the National Wilderness Preservation System: the Bureau of Land Management, the U.S. Fish and Wildlife Service, the U.S. Forest Service, and the National Park Service.

Definitions of U.S. MPA-related terms are provided in the Glossary.

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