Source: Source::// f.jpg Source:

Source: http://www.pbs.org

Source:http://http://www.mainemaritimemuseum.org/uploads/slideshow_images/fisheries_kids_gif.jpg

Source: http://deadliestreports.wordpress.com/2007/08/18/the-fv-aleutian-ballad-bids-farewell-to-commerical-fishing/

Source:http://http://farm4.static.flickr.com/3216/2523041820_4f604a5ab2.jpg?v=0

Background History Purpose Provisions Case Study Effectiveness Resources

Table of ContentsI. BackgroundII. History

I. What was the main reason Congress enacted the MSA?

II. Prior to MSAIII. MSAIV. Sustainable Fisheries Act AmendmentV. MSA & Sustainable Fisheries Act ControversyVI. Controversial IssuesVII. Subsequent Enactments

III. PurposeI. Why did Congress enact the MSA?II. ConservationIII. How will the Act achieve these goals?

IV. ProvisionsI. National Fishery ProgramII. The Powers of the SecretaryIII. State JurisdictionIV. Prohibited ActsV. Civil Penalties and Permit SanctionsVI. Criminal OffensesVII. Civil ForfeituresVIII. Fisheries Research

V. Case StudyVI. EffectivenessVII. Resources & Glossary


In a sentence, what is the MSA?

AN ACT

To provide for the conservation and management of the fisheries, and for other purposes.

Background


Who were Magnuson & Stevens?

Trivia

Alaska Sen. Ted Stevens, the longest-serving Republican in the Senate

Washington Sen. Warren Magnuson, Democrat, serving from 1944 until 1981

Background


Congress made findings that:

fish off the U.S. coasts, highly migratory species of the high seas, U.S. Continental Shelf species and anadromous species that spawn in U.S. rivers are valuable and renewable natural resources

the survival of some of these fish is threatened by increased fishing pressure and loss of essential fish habitat

Background

What factors prompted the creation of the MSA?


In Summary:

The valuable fish populations off the coasts were in danger of extinction.

Background

What factors prompted the creation of the MSA?


History of the Act

Source: http://www.claybennett.com/images/archivetoons/procrastination.jpg

History


What was the main reason Congress enacted the MSA?

History

The increasing foreign use of waters off the coast of the United States.


What was the basis of Congress’ decision?

That the fish off the coasts of the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities.

That “certain stocks of fish have declined to the point where their survival is threatened,” and other stocks of fish have been so substantially reduced in number that they could become similarly threatened.

History


What was the basis of Congress’ decision?

These harmful effects were caused by: Increased fishing pressure Inadequacy of fishery resource conservation and

management practices and controlsDirect and indirect habitat losses which have resulted in a

diminished capacity to support existing fishing levels.

Source: http://www.allamericanpatriots.com/files/images/seattle-fish-market.jpg

History


In 1945, President Truman issued a proclamation claiming U.S. jurisdiction over U.S. continental shelf resources adjacent to the U.S. coast. This has generally been viewed as the advent of coastal nations extending territorial seas and declaring fishery and economic zones.

Shortly thereafter several Latin American nations proclaimed marine jurisdictions extending 200 miles off their Pacific coasts.

Image Source: http://www.sos.mo.gov/archives/exhibits/TrumanProject/close.asp

History

Prior to MSA


In the1960s increasing numbers of foreign fishing vessels were catching the substantially unexploited living marine resources. The United States then claimed only a 3-mile jurisdiction on fishing.

U.S. fishermen disliked this "foreign encroachment" and alleged that overfishing was causing stress on, or outright depletion of, fish stocks.

So we put the Act into effect on April 13, 1976. Under the MSA, on March 1, 1977, marine fishery resources beyond state jurisdiction but within 200 miles of all U.S. coasts came under federal jurisdiction. (Soon to become the exclusive economic zone)

A new regional management system began allocating fishing privileges with priority given to domestic enterprise.

History

Prior to MSA


The MSA created Eight Regional Fishery Management Councils and their associated Advisory Committees.

These councils prepare Fishery Management Plans (FMPs) for those fisheries that they determine require management.

The MSA

History


Sustainable Fisheries Act Amendment• In 1996 the Sustainable Fisheries Act amended the MSA with new

requirements to:

• (1) conserve fish stocks and restore overfished populations,

• (2) assure that membership on regional councils is fair and balanced,

• (3) impose a moratorium on creating new individual fishing quota programs,

• (4) increase emphasis on social benefits that might better preserve traditional small-scale fishermen, and

• (5) strengthen provisions to minimize bycatch (incidental catch) and restore and protect habitat.

Source:http://www.cmar.csiro.au/news/media/archive/03releases/28jul03.htm

History


Sustainable Fisheries Act AmendmentMain Goal:

• The key purpose of the Amendment was to change the focus of the MSA from merely protecting fishery stocks to beginning to repair the damage that had been done to them.

Source:http://www.cmar.csiro.au/news/media/archive/03releases/28jul03.htm

History


MSA & Sustainable Fisheries Act Controversy

Many environmental groups and some Members of Congress are particularly concerned with the progress of the regional councils in implementing SFA requirements. Often critical that the councils have failed to comply with the law, rather than fully embracing the new goals and objectives.

Some commercial fishermen contend that the standards established by NMFS guidelines are unrealistic, given the dearth of scientific information. They contend that this has resulted in assumption-based and model-based goals that are at odds with implementing meaningful protection.

History


MSA & Sustainable Fisheries Act Controversy

Both groups desire long term protection of the fishery stocks, but some feel that every possible action should be taken to protect the stocks, while others believe the economic harm from acting in absence of confirmed scientific data is too much to risk. Fishery resources account for a massive amount of money. In 2008, sports fishermen alone spent over $45 billion on equipment, transportation, and lodging for their hobby.

History


Source: http://www.mt-gatervpark.com/NorthernCaliforniaFishing.aspx

Controversial Issues

Some of the more controversial issues associated with the MSA:

whether to further specify the approaches to address bycatch and bycatch mortality;

how to define, manage, and protect unique habitats; whether to legislate the designation of marine protected areas; how to assure that necessary data are collected; how to manage marine ecosystems; how to assure that regional council decisions are fair and balanced; how to implement and finance fishing capacity reduction programs; whether to establish national standards for individual fishing quota

management programs; and whether to authorize user fees and other charges that could be used

for conservation, management, and enforcement.

History


Subsequent Enactments

The MSA has been amended and modified a number of times to address specific concerns. Examples include:

Establishing protocols for fishermen's and fish processor's cooperatives in the Bering Sea and Aleutian Islands walleye Pollock fishery

Creating a moratorium on specific fishing actions until regional action is taken

Altering provisions relating to the applicability of U.S. ownership standards to banks holding commercial fishing vessel mortgages

Creating a West Coast Groundfish Fishing Capacity Reduction Program

Requiring the Coast Guard and NOAA to improve consultations with each other and with state and local authorities in coordinating fishery law enforcement

History


What are the main problems the Act must overcome?

Source: http://www.cybersalt.org/cl_images/1zzzzxa/c/constructionsink.jpg

Purpose


Why did Congress enact the MSA?

Congress found that: Fishery resources are finite but renewable. If placed

under sound management before overfishing has caused irreversible effects, the fisheries can be conserved and maintained so as to provide optimum yields on a continuing basis.

A necessary step to accomplish this was the establishment of a national program for the conservation and management.

Purpose



In summary: The purpose of the MSA was to manage fisheries in

such a way that they became renewable and sustainable, so they would become a perpetual resource, much like replanting after deforesting.

Purpose


Congress also wanted to create the basis for a national program for the development of fisheries which are underutilized or not utilized by the United States fishing industry.

Source: http://i207.photobucket.com/albums/bb125/Cheeriotown/school.jpg

Purpose



As a part of this Act, Congress noted that:

• The collection of reliable data was essential to the effective conservation, management, and scientific understanding of the fishery resources of the United States.

• That one of the greatest long-term threats to the viability of commercial and recreational fisheries is the continuing loss of marine, estuarine, and other aquatic habitats. Habitat considerations were therefore given increased attention for the conservation and management of fishery resources of the United States.

Purpose



HABITAT DEGRADATION: Most fish and shellfish require high-quality habitat in which to live and reproduce. Habitat quality depends upon physical conditions. Including temperature and sediments. It also depends on chemical and biological factors. Human activities along coastal areas, in upstream drainages, and from offshore activities can, and has, degraded oceanic habitat. Many methods of fishing, such as bottom trawling, have the potential to damage habitat. (For more information, see CRS Report 93-679 ENR, Marine Ecosystem Management.)

Source:http://travel.mongabay.com/pix/peru/aerialhttp://photos.mongabay.com/06/1124Trawling_Drawing.jpg

Source:http://travel.mongabay.com/pix/peru/aerial-rainforest-F light_1022_1555.html

Source:http://plantandsoil.unl.edu/croptechnology2005/UserFiles/Image/siteImages/Gulfhypoxia-LG.jpg

PurposeConservation Issues


OVERFISHING: Although fish and shellfish are renewable resources, each population's productivity is limited, and at some point excessive catches can depress a population's ability to sustain its historic productivity. Abundant fish and shellfish populations entice fishers with the promise of large and lucrative landings. As increasing numbers of fishers seek to catch any particular population, managers find it increasingly difficult to keep fishing efforts in balance with a fishery's ability to sustain its production. If fishing efforts are not controlled, overfishing often results. If overfishing continues for years, a population's reproductive capacity may be diminished, or destroyed. Overfishing also alters the natural balance among species in an ecosystem, sometimes leading to a dramatic shift in species dominance to yield more abundant lower-valued species.

Source: http://jasminembla.googlepages.com/real.htm



BYCATCH: In the process of catching marketable seafood, non-targeted organisms are also captured; this incidental catch is often termed bycatch. Bycatch varies widely with different fishing techniques and different target species, and in some fisheries can be as much as ten times the volume of the targeted species taken. Bycatch may include juveniles of the targeted population as well as a variety of non-targeted organisms. Many of these organisms taken incidentally are killed.

Source: http://www.greenpeace.org.uk/files/images/frontpage/oceans/sustainable_seafood/bycatch_2.jpg



FUNDING: Fishery managers find themselves responsible for increasing work related to more species to manage, habitat protection measures, increased friction among fishers using different gear or between sport and commercial fishers, socioeconomic analysis, and many other tasks. At the same time, availability of increased funding is problematic due to deficit and budgetary concerns. The increasing complexity of marine resource and ecosystem management taxes the ability of managers to craft equitable approaches, within the bounds of financial constraints.

Source: http://images.businessweek.com/ss/06/07/money/image/penny.jpg



How will the Act achieve these goals?

By promoting commercial and recreational fishing under sound conservation and management principles

Providing fishery management plans which will achieve and maintain, on a continuing basis, optimum yields

Establishing Regional Fishery Management Councils to prepare, monitor, and revise the plans

And to promote the protection of essential fish habitat

Source: http://www.cartoonstock.com/directory/s/shark_bite.asp

Purpose


National Fishery Program

How does it work?

http://www.cartoonstock.com/directory/c/complicated.asp

Provisions


Provisions & Administration

The Act created eight Regional Fishery Management Councils to manage the Exclusive Economic Zone.

The Councils prepare fishery management plans (FMPs) for those fisheries that they determine require active federal management. After public hearings, revised FMPs are submitted to the Secretary of Commerce for approval.

NMFS and the Coast Guard share responsibility for federal fishery enforcement under the MSA, with assistance from states through cooperative agreements.

Enforcement of fishery regulations is poor in most areas and, with the current lack of resources, is one of the major impediments to improved fishery management.

Provisions

National Fishery Program - Administration


The term "exclusive economic zone" is a zone 200 miles from the coasts. However, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the coastal States.

Image Source:http://coastalmap.marine.usgs.gov/regional/contusa/

What does it manage?

Provisions



Structure under the Act

The Act

The Secretary

Committees

Management Plan

(Enforcement)

NMFS

Coast Guard

Provisions

Council



Funding

The funds authorized to be appropriated to the Secretary to carry out the provisions of this Act are as follows—

(1) $337,844,000 for fiscal year 2007;

(2) $347,684,000 for fiscal year 2008;

(3) $357,524,000 for fiscal year 2009;

(4) $367,364,000 for fiscal year 2010;

(5) $377,204,000 for fiscal year 2011;

(6) $387,044,000 for fiscal year 2012;

(7) $396,875,000 for fiscal year 2013.

Image Source:http://www.dreamprogram.org/mentors/fundraisers.htm

Provisions



What do the councils do?

For each fishery under their authority that requires conservation and management, councils:

Prepare and submit to the Secretary a fishery management plan, and amendments that are necessary from time to time

Conduct public hearings so as to allow all interested persons an opportunity to be heard

Develop annual catch limits for each of its managed fisheries that may not exceed the fishing level recommendations of its scientific and statistical committee

Develop multi-year research priorities for fisheries, fisheries interactions, habitats, and other areas of research

Provisions

National Fishery Program - Councils


Established Councils:

NEW ENGLAND COUNCIL: Covering Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut.

Council consisting of 17 voting members

Link to a Fisheries Management Program: http://www.nefmc.org/crab/fmp/rcfw1_sec03.PDF

Provisions




MID-ATLANTIC COUNCIL: The Mid-Atlantic Fishery Management Council consists of the States of New York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia, and North Carolina.

SOUTH ATLANTIC COUNCIL: The South Atlantic Fishery Management Council consists of the States of North Carolina, South Carolina, Georgia, and Florida.

http://www.safmc.net/

Provisions



http://www.caribbeanfmc.com/

Provisions



CARIBBEAN COUNCIL: The Caribbean Fishery Management Council consists of the Virgin Islands and the Commonwealth of Puerto.

GULF COUNCIL: The Gulf of Mexico Fishery Management Council consists of the States of Texas, Louisiana, Mississippi, Alabama, and Florida


http://www.pcouncil.org/

Provisions



PACIFIC COUNCIL.—The Pacific Fishery Management Council consists of the States of California, Oregon, Washington, and Idaho.

NORTH PACIFIC COUNCIL.—The North Pacific Fishery Management Council shall consist of the States of Alaska, Washington, and Oregon.


http://www.wpcouncil.org/

Provisions



WESTERN PACIFIC COUNCIL: The Western Pacific Fishery Management Council shall consist of the States of Hawaii, American Samoa, Guam, and the Northern Mariana Islands.

Council has 13 voting members.


What happens if an issue affects more than one council? Who decides?

Trivia

Provisions



The affected councils can establish a COUNCIL COORDINATION COMMITTEE – a joint committee to discuss issues relevant to all councils.

Provisions


Trivia

What happens if an issue affects more than one council? Who decides?


Each Council must: establish, maintain, and appoint the members of a scientific and statistical

committee to assist it in the development, collection, evaluation, and peer review of such statistical, biological, economic, social, and other scientific information as is relevant to such Council's development and amendment of any fishery management plan.

Each scientific and statistical committee must: provide their Council ongoing scientific advice for fishery management

decisions. Members appointed by the Councils to the scientific and statistical committees shall be Federal employees, State employees, academics, or independent experts and shall have strong scientific or technical credentials and experience

Each advisory panel shall: participate in all aspects of the development of the plan or amendment; be

balanced in its representation of commercial, recreational, and other interests; and consist of not less than 7 individuals who are knowledgeable about the fishery for which the plan or amendment is developed

Provisions

National Fishery Program – Councils, Committees, and Advisory PanelsNo time to discuss this as a committee! - Han Solo

Image source: http://www.criticalgamers.com/archives/cat_collectable_card_games.php?page=4


Which all leads to: Fishery Management Plans

Fishery Management Plans are governed in specific terms by the Act. They are comprised of two main sections: (1) Required content and (2) discretionary content.

(1) Required Content

The plan must:• contain the conservation and management measures necessary . . .

for the conservation and management of the fishery to prevent overfishing and rebuild overfished stocks, and to protect, restore, and promote the long-term health and stability of the fishery

• contain a description of the fishery including the number of vessels involved, the type and quantity of fishing gear used, the species of fish involved and their location, the cost likely to be incurred in management, actual and potential revenues from the fishery, any recreational interest in the fishery, and the nature and extent of foreign fishing and Indian treaty fishing rights, if any

ProvisionsNational Fishery Program – FMPs



The plan must:. . . • assess and specify the present and probable future condition of, and

the maximum sustainable yield of the fishery

• consider and provide for temporary adjustments, after consultation with the Coast Guard and persons utilizing the fishery, regarding access to the fishery for vessels otherwise prevented from harvesting because of weather or other ocean conditions affecting the safe conduct of the fishery

• describe and identify essential fish habitat for the fishery based on the guidelines established by the Secretary minimize adverse effects on them

• include a fishery impact statement for the plan that assesses the likely effects, if any, including the cumulative conservation, economic, and social impacts, of the conservation and management measures on, and possible mitigation measure.



The plan must:. . . • assess the type and amount of fish caught and released alive

during recreational fishing under catch and release fishery management programs and minimize mortality and ensure the extended survival of such fish

• include a description of the commercial, recreational, and charter fishing sectors which participate in the fishery, including its economic impact




• Require a permit to be obtained from, and fees to be paid to, the Secretary, with respect to fishing vessels, the operators of such vessels or any United States fish processor who first receives fish that are subject to the plan

• Designate zones of time and place where fishing shall be limited, or shall not be permitted, or shall be permitted only by specified types of fishing vessels

• Establish a limited access system

• Require fish processors who first receive fish to submit data which are necessary for the conservation and management of the fishery


(2) Discretionary Content

Any fishery management plan which is prepared by any Council, or by the Secretary, with respect to any fishery, may:


. . .• Require that observers be carried on board a vessel of the United

States engaged in fishing for species that are subject to the plan, for the purpose of collecting data

• Reserve a portion of the allowable biological catch for use in research

• Prescribe other measures, requirements, or conditions and restrictions as are determined to be necessary and appropriate for the conservation and management


(2) Discretionary Content

Any fishery management plan which is prepared by any Council, or by the Secretary, with respect to any fishery, may:


• The councils may create Limited Access Privilege programs for fisheries. These programs are systems where federal permits are issued to harvest a quantity of fish. The MSA outlines three specific types of LAP and the requirements for them:

• Individual Fishing Quotas, • Community Quotas• Regional Fishery Association Quotas.

• However, the broad language means that so long as the council meets the statutory requirements, and LAP could be granted to almost any entity.

Provisions

National Fishery Program – Limited Access Privilege Programs


Cannot create any right, title, or property interest, and in fact are considered to be revocable permits.

Must promote fishing safety, fishery conservation and management, and social and economic benefits

Must require all fish harvested under it to be processed on vessels of the United States or on United States soil

Must specify the goals of the program

Must include provisions for regular monitoring and review

And must include an effective system for enforcement, monitoring, and management

Provisions


A council can submit for approval a LAP program to the secretary at any time, provided it meets the requirements. So what is required? Generally, the LAP:


Provisions



Under the Act, the Secretary is the main organizing force, and the central authority for action to be taken. (The main priority of the councils is to create Fishery Management Plans.)

• First Review: Once created, the council must send the plan to the Secretary for review. The Secretary must then approve or deny the plan based on a review of whether it is consistent with national standards, the other provisions of the Act, and other applicable law.

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Provisions

The Powers of the Secretary


Once the first review has been conducted the Secretary then publishes a notice in the Federal Register stating the availability of the plan/amendment and providing a means for information, views, opinions, or comments to be submitted for a 60 day period. No later than 30 days from this point the Secretary will conduct a final review.

• Second Review: In the next review, the Secretary considers all of the information and views received, consultation with the Secretary of State, consultation with the Secretary of the department in which the Coast Guard is operating, and other applicable information. Then the Secretary may approve, deny, or partially approve the plan.

Failure to approve or deny after 30 days results in automatic approval.

Image Source: http://civilizer.wordpress.com/about/

Provisions



The applicable law with which the plan or amendment is inconsistent, the nature of such inconsistencies

Recommendations concerning the actions that could be taken by the Council to conform such plan or amendment to the requirements of applicable law.

Image Source: http://jezebel.com/382838/judge-judy-does-not-approve-of-american-apparel+inspired-photography

Key Provisions


If the Secretary denies the plan, he must inform the council of:

Note: The Council may always submit a revised plan or amendment to the Secretary for review.


Upon receiving proposed regulations the Secretary initiates a similar review as to whether the regulation is consistent with the FMP. Within 15 days the Secretary must affirm (and publish for comment) the regulations, or deny them. If denied, the Secretary must notify the council of the inconsistencies and make recommendations to repair the defects.

The Secretary also has the ability to make necessary changes to the proposed regulations of his own accord and then publish them for comment.

Image Source: http://jezebel.com/382838/judge-judy-does-not-approve-of-american-apparel+inspired-photography

Key Provisions


The Secretary Review of Proposed Regulations:


The Secretary has the authority

to create his own FMP when:

• (1) the appropriate Council fails to develop and submit a fishery management plan

• (2) the Secretary disapproves or partially disapproves any such plan and the Council involved fails to submit a revised or further revised plan or amendment.

Image Source: http://www.cedmagic.com/featured/he-man/he-man-power.html

Key Provisions



The Secretary must also conduct public hearings and seek council comments on any FMP he creates.

However, the Secretary does not have the authority to create a LAP without approval of the appropriate council.

The Secretary may also propose regulations in the Federal Register.

Image Source: http://www.cedmagic.com/featured/he-man/he-man-power.html

Key Provisions



As a part of the Act, the Secretary reports annually to the Congress and the Councils on the status of United States Fisheries. As a part of this identification he must specify those fisheries that are overfished or are approaching a condition of being overfished.

If the Secretary determines at any time that a fishery is overfished, the Secretary must immediately notify the appropriate Council and request that action be taken to end overfishing.

Carlos M. Gutierrez

Image Source: http://www.commerce.gov/CommerceSecretary/index.htm

Key Provisions



While councils have the ability to establish joint committees to deal with common areas, the Secretary has the authority to designate which council will handle the fishery. Including the creation of the FMP. He may also require the councils to act jointly. In geographical disputes between councils, the Secretary is in charge of setting the boundary authorities of the councils.

Carlos M. Gutierrez

Image Source: http://www.commerce.gov/CommerceSecretary/index.htm

Key Provisions



As a part of the Act, the Secretary reports annually to the Congress and the Councils on the status of United States Fisheries. As a part of this identification he must specify those fisheries that are overfished or are approaching a condition of being overfished.

Carlos M. Gutierrez

Key Provisions


If the Secretary determines at any time that a fishery is overfished, the Secretary must immediately notify the appropriate Council and request that action be taken to end overfishing

While councils have the ability to establish joint committee ‘s to deal with common areas, the Secretary has the authority to designate which council will handle the fishery. Including the creation of the FMP. He may also require the councils to act jointly. In geographical disputes between councils, the Secretary is in charge of setting the boundary authorities of the councils.


Highly Migratory Species

The Secretary is responsible for preparing fishery plans for highly migratory species. In doing so he must consult for comments the affected Councils, commissioners, and advisory groups. He must also establish his own advisory panel and evaluate the likely effects of his conservation measures.

Image Source: http://www.sea-way.org/blog/flying_fish2.JPG

Key Provisions



Repeal or Revocation

of a

Fishery Management Plan

The Secretary may only repeal or revoke an FMP created by a Council (and passed) with the authority of the Council by a three fourths majority of voting members.

Key Provisions



Seizing a Fishery

If the Secretary finds, after notice and an opportunity for a hearing any State has taken any action, or omitted to take any action, the results of which will substantially and adversely affect the carrying out of fishery management plan the Secretary must promptly notify such State and the appropriate Council of such finding and of his intention to regulate the applicable fishery within the boundaries of such State

Key Provisions



Seizing a Fishery . . .

If the Secretary assumes responsibility for the regulation of any fishery, the State involved may at any time thereafter apply to the Secretary for reinstatement of its authority over such fishery. If the Secretary finds that the reasons for which he assumed such regulation no longer prevail, he must promptly terminate such regulation.

Key Provisions



• The Act is not meant to infringe on the authority of a State within its boundaries, and includes 'pockets' of waters within the State's coastline

• States may also regulate fishing vessels outside their boundaries if:

• The Vessel is registered under State law• There is no federal management program or• The State laws and regulations are consistent with Federal

Management

• But if the Secretary determines the law is not consistent he promptly notifies the State and the appropriate council, to provide the state an opportunity to correct the deficiency. Otherwise, the State's retention of authority is revoked until it has been corrected.

Key Provisions

State Jurisdiction


Specifically, they are allowed to adopt and enforce State laws and regulations governing fishing and processing in the exclusive economic zone adjacent to that State in any Dungeness crab fishery for which there is no fishery management plan in effect. These rights terminate immediatley if a federal FMP is created.

Key Provisions

State Jurisdiction

For example, the Act recognizes the authority of Washington, Oregon, and California to Manage their local Dungeness Crab Fisheries.


Prohibited Acts

Key Provisions


In summary, it is unlawful (with civil and potentially criminal penalties) for anyone to violate the Act itself, or any of the regulations created under it. This means that the FMP’s have the force of law with significant penalties for their violation.

Prohibited ActsKey Provisions


In detail, it is unlawful for any person:

to violate any provision of this Act or any regulation or permit issued pursuant to this Act;

to use any fishing vessel to engage in fishing after the revocation, or during the period of suspension, of an applicable permit issued pursuant to this Act;

to refuse to permit any officer authorized to enforce the provisions of this Act to board a fishing vessel subject to such person's control for the purposes of conducting any search or inspection to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer);

to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this Act or any regulation



It is unlawful for any person:. . .

• to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section

• to steal or to negligently and without authorization remove, damage, or tamper with—

• (i) fishing gear owned by another person, which is located in the exclusive economic zone or fish contained in such fishing gear

• to engage in large-scale driftnet fishing that is subject to the jurisdiction of the United States, including use of a fishing vessel of the United States to engage in such fishing beyond the exclusive economic zone of any nation



It is unlawful for any person:. . .

• to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any fish taken, possessed, transported, or sold in violation of any foreign law or regulation



It is unlawful:. . .

• for any vessel other than a vessel of the United States, and for the owner or operator of any vessel other than a vessel of the United States, to engage—

• in fishing within the boundaries of any State, except—• (i) permitted recreational fishing• (ii) permitted fish processing• (iii) permitted transshipment at sea of fish or fish products

within the boundaries of any State



It is unlawful:. . .

• for any vessel of the United States to transfer at sea directly or indirectly any United States harvested fish to any foreign fishing vessel, while such foreign vessel is within the exclusive economic zone or within the boundaries of any State

• for any fishing vessel other than a vessel of the United States to operate in the exclusive economic zone or within the boundaries of any State, if—

• all fishing gear on the vessel is not stored below deck or in an area where it is not normally used, or;

• all fishing gear on the vessel which is not so stored is not secured and covered so as to render it unusable for fishing



If the MSA itself or one of the regulations spawned from it are violated, what are the penalties?

Key Provisions

Civil Penalties and Permit Sanctions


Source: http://bigpicture.typepad.com/photos/uncategorized/2008/03/16/penalty_flag_3.jpg

Any person who is found to have committed prohibited act is laible for up to $100,000 for each violation.

Each day of a continuing violation constitutes a separate offense.

The amount of the penalty is decided by the Secretary, taking into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require.

Key Provisions



Challenging your $200,000 bill for 2 days of illegal fishing.

After being assessed a penalty by the Secretary, you have a right to review in a United States district court by filing a complaint directly against the secretary. Any request for review needs to be filed within 30 days. At the review the secretary needs to demonstrate his decision was based on ‘substantial evidence’.

Key Provisions



What if you don’t pay? If any person fails to pay an assessment of a civil penalty after it has

become a final and unappealable order the Secretary shall refer the matter to the Attorney General of the United States.

What can they take? Any fishing vessel (including its fishing gear, furniture, appurtenances,

stores, and cargo) used in the commission of a prohibited act shall be liable in rem for any civil penalty assessed for such violation.

Key Provisions



However, the Secretary retains a sort of ‘pardon power’ with respect to the civil penalties. He may compromise, modify, or remit any civil penalty that has been imposed.

Key Provisions



Source: http://libbypardon.net/MCard.jpg

Penalties that affect fishing permits: In any case in which a vessel has been used in the commission of a

prohibited act, and any civil penalty or criminal fine has not been paid and is overdue, the Secretary may—

revoke any permit issued with respect to such vessel or person

suspend such permit for a period of time considered by the Secretary to be appropriate;

deny such permit; or . . .

Key Provisions



PERMIT SANCTIONS.— . . . the Secretary may—

impose additional conditions and restrictions on any permit

In imposing a sanction under this subsection, the Secretary shall take into account— the nature, circumstances, extent, and gravity of the prohibited acts

for which the sanction is imposed; and with respect to the violator, the degree of culpability, any history of

prior offenses, and such other matters as justice may require.

Key Provisions



The MSA also authorizes civil forfeitures under certain circumstances.

Any fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) in connection with a prohibited act shall be subject to forfeiture to the United States. All or part of such vessel may, and all such fish (or the fair market value thereof) shall, be forfeited to the United States pursuant to a civil proceeding under this section.

Key ProvisionsCivil Forfeitures


In other words, if a vessel is used in a prohibited act, such as fishing in a prohibited area or at a prohibited time under an FMP, the United States may seize the vessel, its gear, and its fish.



The MSA creates a rebuttable presumption that:• all fish found on board a fishing vessel which is seized in

connection with a prohibited act were taken and retained in violation of the Act.

• any fish of a species which spawns in fresh or estuarine waters and migrates to ocean waters that is found on board a vessel is of United States origin if the vessel is within the migratory range of the species during that part of the year to which the migratory range applies.

• any vessel that is shoreward of the outer boundary of the exclusive economic zone of the United States or beyond the exclusive economic zone of any nation, and that has gear on board that is capable of use for large-scale driftnet fishing, is engaged in such fishing.



OFFENSES.— A person is guilty of an offense if he commits an act which is criminally prohibited under the MSA.

PUNISHMENT.— A fine up to $100,000 Imprisonment for not more than 6 months If the person uses a dangerous weapon or engages in conduct

that causes bodily injury the offense is punishable by a fine up to $200,000 and imprisonment for not more than 10 years.

JURISDICTION.— The Act grants Federal jurisdiction over any offense

described.

Key Provisions

Criminal Offenses

Image Source: pro.corbis.com


A major goal of the MSA was the improvement of fisheries research. Such research is integral to understanding how to combat dangers to fish populations and how to properly sustain them. As such, the MSA makes several provisions that encourage research.

Key Provisions

Fisheries Research


The Secretary is required to initiate and maintain a comprehensive program of fishery research to carry out the purposes, policy, and provisions of the Act.

The programs are designed to acquire knowledge and information, including statistics, on fishery conservation and management and on the economics and social characteristics of the fisheries.

Key Provisions

Fisheries Research


The MSA includes requirements on the Secretary to create and produce research plans for the FMP’s. Every three years the Secretary must develop and publish in the Federal Register a strategic plan for fisheries research for the following 5 years.

The plan must:

(1) identify and describe a comprehensive program with a limited number of priority objectives for research

(2) indicate goals and timetables for the program

(3) provide a role for commercial fishermen in such research, including involvement in field testing;

Key Provisions

Fisheries Research


STRATEGIC PLAN.— . . .

The plan must:

. . .

(4) provide for collection and dissemination, in a timely manner, of complete and accurate information concerning fishing activities, catch, effort, stock assessments, and other research conducted under this section; and

(5) be developed in cooperation with the Councils and affected States, and provide for coordination with the Councils, affected States, and other research entities.

Key Provisions

Fisheries Research


AREAS OF RESEARCH.—The MSA dedicates crucial areas of research as follows:

Research to support fishery conservation and management, including but not limited to, biological research concerning the abundance and life history parameters of stocks of fish, the interdependence of fisheries or stocks of fish, the identification of essential fish habitat, and the impact of pollution on fish populations.

Conservation engineering research, including the study of fish behavior and the development and testing of new gear technology and fishing techniques to minimize bycatch and any adverse effects on essential fish habitat and promote efficient harvest of target species.

Key Provisions

Fisheries Research


AREAS OF RESEARCH.—Areas of research are as follows:. . .

• Research on the fisheries, including the social, cultural, and economic relationships among fishing vessel owners, crew, United States fish processors, associated shoreside labor, seafood markets and fishing communities.

• Information management research, including the development of a fishery information base and an information management system that will permit the full use of information in the support of effective fishery conservation and management.

Key Provisions

Fisheries Research


Commercial Fisherman:

A crucial aspect of the research is public notice and involvement. The MSA requires that the Secretary consult with relevant Federal, State, and other agencies, including scientific experts and those who are interested and involved in the health of the fisheries. Commercial fishermen especially are required to be involved in the creation of the plan pertaining to research.

Key Provisions

Fisheries Research


Case Study – Atlantic Salmon


Atlantic Salmon are a fish species native to the North Eastern and North Western coasts of the Atlantic Ocean. This Anadromous fish species spends 1-3 years in freshwater rivers before moving to sea, traveling to the coast of Greenland and feeding for an additional 1-3 years. During this marine growth period fish become reproductively mature and return to native rivers to spawn. Most fish spawn and die but few are iteroparous, having the ability to “drop-back” or return to sea, before having another freshwater spawning bout.

Photo credit: Fish Base

Information Source: Andrew Gingerich, Atlantic Salmon Imperilment in North Eastern US - Learning Module



Leave for the ocean

Return from the 0cean mature




Atlantic Salmon is Disappearing

• In Maine and much of the New England coast the US Fish and Wildlife listed this species under the Endangered Species Act due to significant decreases in returning salmon. Historically more than 500 000 fish returned to these rivers. However, estimates over the last few years remain low around 2000 fish. In Maine, research has shown that a distinct population segment (DPS) of fish exist, having novel life history traits.

• These DPS fish are at critically low numbers in recent years having only about 33 estimated fish return to 8 rivers in Maine (2002). Many factors are thought to be responsible for their decline including, but not limited to dams, pour stocking practices, air pollution, habitat degradation invasive species introduction, and marine mortality. Stake holders have interest in restoring this species to New England.




What the MSA has done:

• The MSA gives regional fishery management councils the authority to prepare plans for the conservation and management of each federally managed fishery in the EEZ, including the establishment of necessary habitat conservation measures.

• In 1987, a fishery management plan for Atlantic salmon was implemented by the New England Fishery Management Council (NEFMC) and the Assistant Administrator for Fisheries

Information Source: http://training.fws.gov/LIBRARY/salmon/asalmon74.html



Effectiveness of Conservation Efforts

• In the early 1800’s half a million adult Atlantic Salmon were returning to US rivers annually.

• In 2001 the estimate was 1,050 returning fish.

• 780 (90%) of which returned to only one river in Maine called the Penobscot

• In 2002 871 (estimate returned)

• In Nov 2000 US F&W listed Atlantic Salmon as endangered under the Endangered Species Act

• Returns in 2007 were estimated at 940 salmon and more than double at 2,000 fish in 2008.

• Still, that’s less than 0.5% of the original number of returning fish.




Effectiveness of Conservation EffortsThe returning stocks of salmon offer some evidence of the effective use of the FMP’s. However the levels, even years later, remain far from healthy numbers.

http://www.kharlovka.com/images/KP10.gif

Atlantic salmon stocks



Effectiveness of Conservation EffortsThis should be taken in conjunction with the fact that Salmon stocks across North America are in dire straights, long after the MSA was passed.

http://www.canada.com/vancouversun/news/story.html?id=f8ef35ae-a09d-4738-8c4a-589864473b00

http://www.nmfs.noaa.gov/sfa/domes_fish/StatusoFisheries/2007/2007StatusofUSFisheries_Report_to_Congress.pdf

Effectiveness

How is the Act progressing towards its goals?


http://www.pcouncil.org/newsreleases/PFMC_FINAL_PressRel.pdf

How is the Act progressing towards its goals?

Effectiveness


Resources and Glossary

Glossary

Background

History Purpose Provisions Case Study Effectiveness

Resources

anadromous fish – fish which spawn in fresh water and spend a portion of their lives in the ocean (biology-online.org/dictionary)

Federal Register - Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents. Available online at http://www.gpoaccess.gov/fr/index.html

fishery – 1. a place where fish are bred; fish hatchery.2. a place where fish or shellfish are caught.3. the occupation or industry of catching, processing, or selling fish or shellfish.4. Law. the right to fish in certain waters or at certain times

MSA – The Magnuson-Stevens Fishery Conservation and Management Act is the principal law governing marine fisheries in the United States. It was originally adopted to extend control of U.S. waters to 200 nautical miles in the ocean, to phase out foreign fishing activities within this zone, to prevent overfishing, and to conserve and manage fishery resources. Congress passed the original Magnuson Act in 1976. It has since been amended several times, most recently in 2006.


Glossary

Background


Resources

NMFS – National Marine Fisheries Service – NOAA's National Marine Fisheries Service is the federal agency, a division of the Department of Commerce, responsible for the stewardship of the nation's living marine resources and their habitat. It is responsible for the management, conservation and protection of living marine resources within the United States' Exclusive Economic Zone (water three to 200 mile offshore). Using the tools provided by the Magnuson-Stevens Act, the NMFS assesses and predicts the status of fish stocks, ensures compliance with fisheries regulations and works to reduce wasteful fishing practices. (http://www.nmfs.noaa.gov/aboutus.htm)

NOAA – The National Oceanic and Atmopheric Administration is “an agency that enriches life through science.” “From daily weather forecasts, severe storm warnings and climate monitoring to fisheries management, coastal restoration and supporting marine commerce, NOAA’s products and services support economic vitality and affect more than one-third of America’s gross domestic product. NOAA’s dedicated scientists use cutting-edge research and high-tech instrumentation to provide citizens, planners, emergency managers and other decision makers with reliable information they need when they need it. (http://www.noaa.gov/about-noaa.html)


Resources

Background


Resources

MSA – Magnuson Steven ActText of the statute available at: http://www.nmfs.noaa.gov/sfa/magact/Background information:• NOAA Fisheries Feature: http://www.nmfs.noaa.gov/msa2005/• U.S. Fish and Wildlife Service:

http://www.fws.gov/laws/lawsdigest/fishcon.htmlNational Fishery Program, Fishery Management Council websites:• NEW ENGLAND COUNCIL: http://www.nefmc.org/• MID-ATLANTIC COUNCIL: http://www.mafmc.org/mid-atlantic/mafmc.htm• SOUTH ATLANTIC COUNCIL: http://www.safmc.net/• CARIBBEAN COUNCIL: http://www.caribbeanfmc.com/• GULF COUNCIL: http://www.gulfcouncil.org/• PACIFIC COUNCIL: http://www.pcouncil.org/• NORTH PACIFIC COUNCIL: http://www.fakr.noaa.gov/npfmc/• WESTERN PACIFIC COUNCIL: http://www.wpcouncil.org/

NOAA – National Oceanic and Atmospheric AdministrationWebsite: http://www.noaa.gov/

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Background


Resources

Documents

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