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South Carolina Fishing Reports - - Digest of Federal Resource Laws of Interest to the U.S. Fish - History of Magnuson : http://www.southcarolina-offshore.com/ftopict-2501.html
South Carolina Offshore Fishing :: View topic - Magnuson–Stevens Fishery Conservation and Management Act
Posted: Tue Mar 02, 2010 5:17 pm Post subject: Magnuson–Stevens Fishery Conservation and Management Act
What is the Magnuson–Stevens Fishery Conservation and Management Act
The Magnuson-Stevens Fishery Conservation and Management Act, commonly referred to as the Magnuson-Stevens Act, is the primary law governing marine fisheries management in the U.S. The law is named after Warren G. Magnuson, former U.S. Senator from Washington state, and Ted Stevens, the former Senator from Alaska.
The Magnuson-Stevens Act was originally passed as the Magnuson Fishery Conservation and Management Act of 1976. The U.S. Congress later passed two major sets of amendedments to the law, first with the Sustainable Fisheries Act of 1996 and then 10 years later with the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006.
Magnuson-Stevens Reauthorization Act of 2006
The Magnuson-Stevens Fishery Conservation and Management Act (MSA) is the primary law governing marine fisheries management in United States federal waters. The Act was first enacted in 1976 and amended in 1996. Most notably, the Magnuson-Stevens Act aided in the development of the domestic fishing industry by phasing out foreign fishing. To manage the fisheries and promote conservation, the Act created eight regional fishery management councils. The 1996 amendments focused rebuilding overfished fisheries, protecting essential fish habitat, and reducing bycatch.
President George W. Bush, through his Ocean Action Plan, made reauthorizing the Magnuson-Stevens Act a top priority. The President called for a hard deadline to end overfishing, increased use of market-based management tools, creation of a national saltwater angler registry, and an emphasis on ecosystem approaches to management.
Posted: Tue Mar 02, 2010 5:18 pm Post subject: Over View of the Magnuson-Stevens Act
Over View of the Magnuson-Stevens Act
Magnuson-Stevens Fishery Conservation and Management Act
Principal law governing marine fisheries in the U.S.
Created in 1976 to phase out foreign fishing along the U.S. coastline; created the 200 mile Exclusive Economic Zone
Reauthorized in 1996 and included provisions to:
– End overfishing
– Rebuild overfished stocks
– Minimize bycatch
– Protect essential fish habitat
Coastal states continue to manage fisheries in waters to 3 miles from their shore (W. Fla. and Texas - 9 miles)
The Magnuson Fishery Conservation and Management Act is the
principal law governing marine fisheries in the United States. The
Act was created in 1976 to phase out foreign fishing near the U.S.
coastline and created a 200 nautical mile limit (Exclusive Economic
Zone) of U.S. control over waters that were once heavily fished by
foreign vessels.
The Magnuson Act was reauthorized by Congress in 1996. During
this reauthorization, provisions to the Act were incorporated that
contained new mandates to end overfishing, rebuild overfished
stocks, minimize bycatch, and protect essential fish habitat.
Each coastal state manages their fisheries out to 3 nautical miles in
the Atlantic and the Gulf of Mexico (state jurisdiction extends to 9
miles from shore along Texas and west Florida), and each
coordinates with federal management where joint management
plans are in place.
Magnuson-Stevens Fishery Conservation Management Reauthorization Act of 2006
Reauthorization Act of 2006 Passed in 109th Congress
Signed into Law by President Bush on January 12, 2007
Provisions of Particular Relevance to the Reauthorization Act of 2006
─ Catch limits
─ Council appointments
─ National registry of recreational anglers
─ Limited Access Privilege Programs (LAPP)
─ Improved data collection of recreational fisheries
The Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006 was passed by the 109th United States
Congress in December 2006 and signed into law on January 12,
2007. There are several provisions of the Reauthorization Act that
are of particular relevance to regarding its management of marine recreational and commercial fisheries.
These provisions:
1) Implement catch limits of federally-managed fish stocks.
2) Amend the process by which appointments to the fishery management councils are made.
3) Establish a regionally-based national registry of recreational anglers.
4) Establish Limited Access Privilege Programs (LAPP)
5) Effect improvements to programs collecting data on recreational fisheries.
Summary of Reauthorization Act Implications to Coastal State
Catch limits-Coastal States will be asked to provide consistency to curtail overfishing, over-capacity
Council appointments-Stipulates qualification requirements for nominees
National registry of anglers-Requires anglers to be registered, unless Coastal State has suitable registry (e.g., license database)
Limited Access Privilege Programs (LAPPs)-May need to improve, update commercial landings collection programs
Recreational data collection-Coastal States involvement in MRFSS revision process, Coastal States responsible for implementation of revisions in there States.
Posted: Tue Mar 02, 2010 5:20 pm Post subject: THE MAGNUSON-STEVENS FISHERY CONSERVATION
THE MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
The Magnuson-Stevens Fishery Conservation and Management Act, Public Law 94-265 as amended (Magnuson-Stevens Act), provides for the conservation and management of fishery resources within the U.S. Exclusive Economic Zone (EEZ). It also provides for fishery management authority over continental shelf resources and anadromous species beyond the EEZ, except when they are found within a foreign nation's territorial sea or fishery conservation zone (or equivalent), to the extent that such sea or zone is recognized by the United States.
The EEZ extends from the seaward boundary of each of the coastal States (generally 3 nautical miles from shore for all but two States) to 200 nautical miles from shore. The seaward boundaries of Texas, Puerto Rico, and the Gulf coast of Florida are 3 marine leagues (9 nautical miles).
GOVERNING INTERNATIONAL FISHERY AGREEMENTS
Under the Magnuson-Stevens Act, the Secretary State, in cooperation with the Secretary of Commerce, negotiates Governing International Fishery Agreements (GIFAs) with foreign nations requesting to fish within the EEZ. After a GIFA is signed, it is transmitted by the President Congress for ratification.
FOREIGN FISHING PERMITS
Title II of the Magnuson-Stevens Act governs foreign fishing in the EEZ. The process applied to foreign fishing has been described in prior issues of this publication. As U.S. fishing capacity grew, foreign participation in directed fisheries, as well as in foreign joint ventures in which U.S. vessels delivered U.S. harvested fish to permitted foreign vessels in the EEZ diminished until, in 1991, foreign vessels no longer were permitted to conduct any harvesting or processing operations in the EEZ. This marked the achievement of one of the objectives of the Magnuson-Stevens Act, that is, the development of the U.S. fishing industry to take what were in 1976 underutilized species, and the displacement of the foreign fishing effort in the EEZ by 1991.
As a result of the above, there has been no total allowable level of foreign fishing since 1991, although 25,000 mt of Atlantic mackerel and 40,000 mt of Atlantic herring were available for joint venture fishing in 1997. However, no joint venture permits were issued in 1997 because no foreign nations elected to participate in joint venture fishing in 1997. NMFS continues to maintain certain regulations pertaining to foreign fishing, such as the foreign fishing fee schedule, should there be a situation in the future in which allowing limited foreign fishing in an underutilized fishery would be of advantage to the U.S. Fishing industry.
FMPs and PMPs
Under the Magnuson-Stevens Act, eight Regional Fishery Management Councils are charged with preparing Fishery Management Plans (FMPs) for the fisheries needing management within their areas of authority. After the Councils prepare FMPs that cover domestic and foreign fishing efforts, the FMPs are submitted to the Secretary of Commerce (Secretary) for approval and implementation. The Department, through NMFS agents and the U.S. Coast Guard, is responsible for enforcing the law and regulations.
The Secretary is empowered to prepare FMPs in the Atlantic and Gulf of Mexico for highly migratory species. Where no FMP exists, Preliminary Fishery Management Plans (PMPs), which only cover foreign fishing efforts, are prepared by the. Secretary for each fishery for which a foreign nation requests a permit. The Secretary is also empowered to produce an FMP for any fishery that a Council has not duly produced. In this latter case, the Secretary's FMP covers domestic and foreign fishing.
As of December 31, 1996, five Preliminary Fishery Management Plans (PMPs) were in effect, many of which have been amended since first being implemented.
Foreign Trawl Fisheries of the Northwest Atlantic
Hake Fisheries of the Northwest Atlantic
Bering Sea/Northeast Pacific Herring
Bering Sea Snails
Atlantic Herring of the Northwestern Atlantic
The Atlantic swordfish, Atlantic sharks, and billfish fisheries are currently being managed by the Secretary under the Magnuson-Stevens Act and the Western Atlantic bluefin tuna fishery is managed under the Atlantic Tunas Convention Act.
FISHERY MANAGEMENT PLANS (FMPs)
Under section 304 of the Magnuson-Stevens Act, all Council-prepared FMPs must be reviewed for approval by the Secretary. After FMPs have been approved under section 304 of the Magnuson-Stevens Act, they are implemented by Federal regulations, under section 305 of the Act. As of December 31, 1996, there are 39 FMPs in place. Of these, three are Secretarial FMPs for Atlantic highly migratory species. The 36 FMPs Council prepared are listed below. The FMPs are amended by the Councils and the amendments are submitted for approval under the same Secretarial review process as new FMPs. Most of the FMPs listed have been amended since initial implementation. Those marked with adouble asterisk (**) were amended in 1996.
Northeast Multispecies (**)
American Lobster (**)
Atlantic Bluefish
Atlantic Coast Red Drum
Atlantic Mackerel, Squid, and Butterfish (**) Atlantic
Salmon
Atlantic Sea Scallops (**)
Atlantic Surf Clams and Ocean Quahogs (**)
Summer Flounder, Scup, and Black Sea Bass (**)
Gulf and South Atlantic Spiny Lobster
Gulf of Mexico Reef Fish (**)
Gulf of Mexico Corals
South Atlantic Corals
South Atlantic Golden Crab
Caribbean Coral Reef Resources
Gulf of Mexico Shrimp
Gulf of Mexico Stone Crab
Gulf of Mexico Red Drum
Coastal Migratory Pelagics
Caribbean Queen Conch
Caribbean Spiny Lobster
South Atlantic Snapper/Grouper
South Atlantic Shrimp (**)
Northern Anchovy
King and Tanner Crab
Commercial and Recreational Salmon
High Seas Salmon
Pacific Coast Groundfish
Gulf of Alaska Groundfish (**)
Bering Sea and Aleutian Islands
Groundfish (**)
Alaska Scallops (**)
Western Pacific Crustaceans (**)
Western Pacific Precious Corals
Western Pacific Bottomfish and Seamount
Groundfish
Western Pacific Pelagics
Posted: Tue Mar 02, 2010 5:31 pm Post subject: Digest of Federal Resource Laws of Interest to the U.S. Fish
Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service
Fishery Conservation and Management Act of 1976
Fishery Conservation and Management Act of 1976 -- Public Law 94-265, approved April 13, 1976; 16 U.S.C. 1801-1882; 90 Stat. 331; as amended by numerous subsequent public laws listed and identified in the U.S. Code.
Also known as Magnuson Fishery Conservation and Management Act, this law established a 200-mile fishery conservation zone, effective March 1, 1977, and established Regional Fishery Management Councils comprised of Federal and State officials, including the Fish and Wildlife Service. The concept of a fishery conservation zone was subsequently dropped by amendment and the geographical area of coverage was changed to the Exclusive Economic Zone (EEZ), with the inner boundary being the seaward boundary of the coastal States.
The Act provides for management of fish and other species in the EEZ under plans drawn up by the Regional Councils and reviewed and approved by the Secretary of Commerce. It provides for regulation of foreign fishing in the management zone under GIFA's (governing international fishing agreements) and vessel fishing permits. It also provides a mechanism for preemption of State law by the Secretary of Commerce.
Section 107 of P.L. 101-627, the Fishery Conservation Amendments of 1990, approved November 28, 1990, amended section 206 of the Act to incorporate and expand upon provisions of the Driftnet Act. (For more information, see that entry.)
Title IX of Public Law 102-567, signed October 29, 1992 (102 Stat. 4270) amends the Act to provide for the restoration of New England groundfish and includes the following provisions of interest to the Service:
Allows the Secretary of Commerce to reimburse a State for certain expenses incurred while enforcing a groundfish management plan;
Requires the Secretary of Commerce to establish the Northwest Atlantic Ocean Fisheries Reinvestment Program in order to promote development of commercial fisheries and underutilized fisheries in the northwest Atlantic Ocean; and
Requires the New England Fishery Management Council to develop fishery management plans for underutilized fisheries in the northwest Atlantic Ocean in order to prevent overfishing of these species.
Major amendments to the Act were enacted on October 11, 1996. Those amendments, the Magnuson-Stevens Fishery Conservation and Management Act (P.L. 104-297), more popularly known as the Sustainable Fisheries Act made important changes in Federal efforts to conserve marine fishery resources. Major provisions include:
Requires national fishery conservation and mangement standards to: provide for the sustained participation of fishery dependent communities and minimize economic impacts to those communities and minimize bycatch and its mortality.
Modifies operation of established Fishery Management Councils.
Mandates that the Secretary of Commerce shall take actions to identify overfished species and take action to rebuild those stocks.
Mandates the Secretary of Commerce to promulgate guidelines for identification of essential fish habitat by Fishery Management Councils. Other Federal agencies are required to consult with the Secretary when actions they take impact designated essential fish habitat.
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South Carolina Fishing Reports - - Digest of Federal Resource Laws of Interest to the U.S. Fish - History of Magnuson : http://www.southcarolina-offshore.com/ftopict-2501.html
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