Federal Water Pollution Control Act (Clean Water Act), 1972.  33     U.S.C. §§ 1251-1387, October 18, 1972, as amended 1973-1983, 1987, 1988, 1990-1992, 1994, 1995 and 1996.

The Federal Water Pollution Control Act, popularly known as the Clean Water Act, is a comprehensive statute aimed at restoring and maintaining the chemical, physical and biological integrity of the nation's waters. Enacted originally in 1948, the Act was amended numerous times until it was reorganized and expanded in 1972. It continues to be amended almost every year, and continues to be administered by the Administrator of the EPA. 

Even prior to the enactment of the 1972 version of the Act, the Act authorized the Public Health Service to prepare comprehensive programs for eliminating or reducing the pollution of interstate waters and tributaries and improving the sanitary condition of surface and underground waters. Due regard was to be given to improvements necessary to conserve waters for public water supplies, propagation of fish and aquatic life, recreational purposes, and agricultural and industrial uses.

 Primary authority for the implementation and enforcement of the Clean Water Act now rests with the U.S. Environmental Protection Agency (EPA). In addition to the measures authorized before 1972, the Act authorizes water quality programs, requires federal effluent limitations and state water quality standards, requires permits for the discharge of pollutants into navigable waters, provides enforcement mechanisms, and authorizes funding for wastewater treatment works construction grants and state revolving loan programs, as well as funding to states and tribes for their water quality programs.

Important for wildlife protection purposes are the provisions requiring permits to dispose of dredged and fill materials into navigable waters, and for cleanup of oil spills or hazardous materials spills in the water or on the shoreline. Permits must be obtained from the Army Corps of Engineers under guidelines developed by EPA for dredging and filling operations along navigable waters. This is known as Section 404 permitting, and     applies to many wetlands. Such permits originated as Section 404 of the Act as adopted by Congress, and required that persons wanting to dispose of dredged or fill material in navigable waters obtain a permit from the Army Corps of Engineers, and thus, affording some protection to wetlands. This is where the NMFS exercises its duty to protect and conserve essential fish habitat by commenting on proposed projects to reduce any negative impacts on coastal wetlands.

The Act also states that there should be no discharges of oil or hazardous substances into or upon the navigable waters of the U.S., on adjoining shorelines or into or upon the waters of the contiguous zone, or which may affect natural resources belonging to, appertaining to, or under the exclusive management or authority of the U.S. The Act imposes liability for the costs of the removal of oil and hazardous substances that have been discharged, as well as for natural resource damages. It also imposes administrative and civil penalties for unlawful discharges and for failure to carry out orders issued under the Act. Further provisions on oil discharges can be found in the Oil Pollution Act.

The Clean Water Act of 1977 is an amendment to the Federal Water Pollution Control Act of 1972, which set the basic structure for regulating and limiting discharges of pollutants into waters (fresh, estuarine, and marine) of the United States.

Coastal Zone Management Act, 1972 16 U.S.C. §§ 1451-1465, October 27, 972, as amended 1975, 1976, 1978, 1986, 1990, 1992 and 1996.

This Act establishes an extensive federal grant program within the Department of Commerce to encourage coastal states to develop and implement coastal zone management programs. The act aims to prevent further loss of living marine resources, wildlife, nutrient-rich areas, changes in ecological systems, and decreasing open space for public     use.  It also aims to prevent shoreline erosion, a depletion of habitat areas of the coastal zone that support fish and wildlife.  It goes further to aid in the preservation of areas of cultural, historic and esthetic values in the coastal zone that are being irretrievably damaged or lost.  It promotes effective planning for new demands on these areas to reduce serious conflicts among important and competing uses of the coastal zone.  Activities that affect coastal zones must be consistent with approved state programs. The Act also establishes a national estuarine reserve system to promote research that will determine the types and amounts of use of the coastal zone that, when established, will not degrade the basic values of the coastal zone.

Endangered Species Act , 1973.  16 U.S.C. §§ 1531-1544, December 28, 1973, as amended 1976-1982, 1984 and 1988.

Congress found that various species of fish, wildlife, and plants in the U.S. have been rendered extinct and others depleted to the point of being in danger of or threatened with extinction. Depleted species are of aesthetic, ecological, educational, historical, recreational and scientific value, and the U.S. has pledged to conserve various species facing extinction     pursuant to several international treaties and agreements. States and other interested parties are encouraged through federal financial assistance and a system of incentives to develop conservation programs meeting national and international standards.  This is a key to meeting international commitments and to safeguarding the nation's heritage in fish, wildlife and plants.

The Endangered Species Act (ESA) provides broad protection for species of fish, wildlife and plants that are listed as threatened or endangered in the U.S. or elsewhere. Provisions are made for listing species, as well as for recovery plans and the designation of critical habitat for listed species. The Act outlines procedures for federal agencies to follow when taking actions that may jeopardize listed species, and contains exceptions and exemptions. The Act also is the enabling legislation for the Convention on International Trade in Endangered Species of Wild Fauna and Flora, commonly known as CITES. Criminal and civil penalties are provided for violations of the Act and the Convention. The NMFS follows the provisions of the Act to protect threatened and endangered species and their habitats, particularly related to aquatic species.

Fishery Conservation and Management Act ,     1976

The Sustainable Fisheries Act (Oct. 11, 1996) amends and renames the Magnuson Fishery Conservation and Management Act of 1986 (which amended and renamed the Fishery Conservation and Management Act of 1976) to the Magnuson-Stevens Fishery Conservation and Management Act.  It requires that the regional fishery management councils and the Secretary of Commerce describe and identify Essential Fish Habitat (EFH) for species under federal Fishery Management Plans (FMP).  EFH is defined in the Senate version of the bill as: " those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to     maturity ."   The word "fish" in the previous sentence includes finfish, crabs, shrimp, lobsters and mollusks in the Gulf of Mexico.  The House version of the bill did not include "substrate," nor did it include     "feeding", their inclusion makes the coverage substantially more     encompassing.  

The following explanation of "EFH" originated in a working group formed by the Office of Habitat Conservation (HC), NOAA, and shows the variety intended for inclusion.  The group has divided the definition into its key components and analyzed each.  First, " waters " will include aquatic areas and their associated physical, chemical, and biological properties that are used by fish, and may include historic areas where appropriate.      For example, each species has certain water requirements for temperature, dissolved oxygen, depth, current flow, and prey species.  Second, " substrate "includes sediments, geologic features underlying the waters, and associated biological communities such as coral reefs or submerged aquatic vegetation (SAV).  Different species have different requirements regarding the type of sediment, such as clay, sand, gravel, rock, natural or artificial reefs, coral, or submerged aquatic vegetation.  Third, "necessary" means the habitat required to support a managed species or assemblage at a target production level, reflecting conscientious stewardship.  HC is considering how best to tie "necessary" to the idea of rebuilding depleted stocks or maintaining stocks that are in good shape.  Historic EFH may come into play if habitat is a limiting factor for a depleted stock.  Fourth, " spawning, breeding, feeding or growth to maturity " covers a species' full life cycle.  The inclusion of "feeding" may serve to include the transitional phases in a species' life cycle that were not specifically covered by spawning, breeding, and growth to maturity.  

Finally, EFH may include habitat for individual species or an assemblage of species, depending on the species and their FMP's.  Some FMP's include many more than one species, so it could be easier to consolidate the habitats into one EFH designation.