Magnuson-Stevens Act Provisions; National Standard Guidelines

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The Magnuson-Stevens Act Provisions is necessary to help compliance the requirements of the MSA to end and prevent overfishing, rebuild overfished stocks, and achieve maximum yield [1]

Contents

NOAA Fisheries stock status of 2015 Overfished US stocks 2015.png
NOAA Fisheries stock status of 2015

Background

In 2006, the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act was established to end and prevent overfishing though the use of annual catch limits and accountability measurements. [2] Some reasons for why the Magnuson-Stevens Fishery Conservation and Management Reauthorization act was created was because of:

National Standard 1 - Optimum Yield

The National Standard 1 pertains:

National Standard 2 - Scientific Information

The counsel may decide to allow this type of overfishing if the fishery is not overfished and if all of the following lower conditions are satisfied:

National Standard 3 - Management Units

The SAFE report provides information to the Councils for determining annual harvest levels for each stock. To the extent practicable, an individual stock of fish shall be managed as a unit throughout its range, and interrelated stocks of fish shall be managed as a unit or in close coordination. [5] National Standard 3 is to induce a comprehensive approach to fishery management. The geographic scope of the fishery, for planning purposes, should cover the entire range of the stocks of fish and to not be overly constrained by Political boundaries. Whenever possible, a Fishery Management Plan should manage interrelated stocks of fish. [5]

National Standard 4 - Allocations

Defined by National Oceanic and Atmospheric Administration's (NOAA) National Marine Fisheries Service (NMFS), Allocation is "a direct and deliberate distribution of the opportunity to participate in a fishery among identifiable, discrete user groups or individuals" [6]

National Standard 4 pertains to the conservation and management measures avoiding discrimination between residents of different states. If it is or becomes necessary to assign fishing privileges among various U.S. fishermen, such allocation shall be:

  1. Fair and equitable to all such fishermen
  2. Reasonably calculated to promote conservation
  3. Managed in a manner that no particular individual, corporation or other entity squires an excessive share of such privileges

A Fishery Management Plan may not differentiate amount U.S. citizens, nationals, resident aliens, or corporations on the basis of their state or residence. [7]

National Standard 5 - Efficiency

Conservation and Management measures shall, where practicable, consider efficiency in the utilization of fishery resources; except that no measure shall have economic allocation of its sole purpose. [8] The term "utilization", is meant to be interpreted as; harvesting, processing, marketing, and nonconsumptive use of the resource. In theory, an efficient fishery would harvest the optimal yield with the minimum use of economic inputs as labor, capital, interest and fuel.

This standard highlights one process that a fishery can/should contribute to the planet's benefit with a low effect society:

Another efficient Fishery Management Plan includes:

National Standard 6 - Variations and Contingencies

Conservation and management measures shall take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catch. [9] The phrase "Conservation and management" implies the wise use of fishery resources through a management plan that includes some protection against the following uncertainties: Timely respond to resource, industry, and other national and regional needs.

Fishery Management Plans should consist of a suitable impact in favor of conservation. Allowances for uncertainties should be factored into the backbone of a Fishery Management Plan. [9] Examples include:

National Standard 7 - Costs and Benefits

Conservation and management measures shall, where practicable, minimize costs and avoid unnecessary duplication. [10] The Magnuson-Stevens Act requires Councils to prepare Fishery Management Plans for overfished fisheries and for other fisheries where regulation will be beneficial according to cost whether its in the present or future.

The following factors shall be considered, among others to implement a Fishery Management Plan: [10]

National Standard 8 - Communities

Conservation and Management measures shall, consistent with the conservation requirements with the Magnuson-Stevens Act (including the prevention of overfishing and rebuilding of overfished stocks), take into account the importance of fishery resources to fishing communities by utilizing economic and social data that are based upon the best scientific information available in order to:

  1. Provide for the sustained participation of such communities; and
  2. To the extent practicable, minimize adverse economic impacts on such communities. [11]

This standard is meant to take into account the importance of fishery resources to fishing communities from a Fishery Management Plan. This consideration, however, is within the context of the conservation requirements of the Magnuson-Stevens Act. Careful consideration regarding the importance of fishery resources to affected fishing communities, thus, must not compromise the achievement of conservation requirements and goals of the Fishery Management Plan. [11]

National Standard 9 - Bycatch

Conservation and management measures shall, to the extent practicable:

  1. Minimize bycatch; and
  2. To the extent by catch cannot be avoided, minimize the mortality of such bycatch. [12]

The term "bycatch" is to be interpreted as fish that are harvested in a fishery, but are not sold or kept for personal use.

National Standard 9 requires Councils to consider the bycatch effects of existing and planned conservation and management measures. Bycatch may delay or prevent efforts to protect marine ecosystems, efforts to achieve sustainable fisheries and delay or prevent the full benefits they may provide to the Nation.

Bycatch can increase substantially the uncertainty concerning total fishing-related mortality, which increases difficulty to assess the status of stocks, to set the appropriate Optimal Yield and define overfishing levels. and to ensure that Optimal Yields are attained and overfishing levels are not exceeded. Bycatch may also preclude other more productive uses of fishery resources. [12]

National Standard 10 - Safety of Life at Sea

Conservation and management measures shall, to the extent practicable, promote the safety of human life at sea. [13] National Standard 10 promotes Councils to reduce the risk in crafting their management measures. If the management measures can meet the other national standards and the legal and practical requirements of conservation and management then there should be no problem. This standard is not meant to give preference to one method of managing a fishery over another.

Non-inclusive list of safety considerations that shall be considered in evaluating management measures under national standard 10:

  1. Operating environment shall be put into consideration of a Fishing Management Plan that should try to avoid creating situations resulting in vessels going out further, fishing longer, or fishing in weather worse than if there were no management measures.
  2. Gear and vessel loading requirements shall be put into consideration of a Fishing Management Plan that should consider the safety and stability of fishing vessels when required specific gear or requiring the removal of gear from the water.
  3. Limited season and area fisheries shall be put into consideration of a Fishing Management Plan that should attempt to reduce the impacts of fishermen fishing in bad weather and overlaid their vessel with catch and/or gear. [13]

Related Research Articles

<span class="mw-page-title-main">Overfishing</span> Removal of a species of fish from water at a rate that the species cannot replenish

Overfishing is the removal of a species of fish from a body of water at a rate greater than that the species can replenish its population naturally, resulting in the species becoming increasingly underpopulated in that area. Overfishing can occur in water bodies of any sizes, such as ponds, wetlands, rivers, lakes or oceans, and can result in resource depletion, reduced biological growth rates and low biomass levels. Sustained overfishing can lead to critical depensation, where the fish population is no longer able to sustain itself. Some forms of overfishing, such as the overfishing of sharks, has led to the upset of entire marine ecosystems. Types of overfishing include: growth overfishing, recruitment overfishing, ecosystem overfishing.

<span class="mw-page-title-main">Sustainable fishery</span> Sustainable fishing for the long term fishing

A conventional idea of a sustainable fishery is that it is one that is harvested at a sustainable rate, where the fish population does not decline over time because of fishing practices. Sustainability in fisheries combines theoretical disciplines, such as the population dynamics of fisheries, with practical strategies, such as avoiding overfishing through techniques such as individual fishing quotas, curtailing destructive and illegal fishing practices by lobbying for appropriate law and policy, setting up protected areas, restoring collapsed fisheries, incorporating all externalities involved in harvesting marine ecosystems into fishery economics, educating stakeholders and the wider public, and developing independent certification programs.

<span class="mw-page-title-main">Fisheries management</span> Regulation of fishing

The goal of fisheries management is to produce sustainable biological, environmental and socioeconomic benefits from renewable aquatic resources. Wild fisheries are classified as renewable when the organisms of interest produce an annual biological surplus that with judicious management can be harvested without reducing future productivity. Fishery management employs activities that protect fishery resources so sustainable exploitation is possible, drawing on fisheries science and possibly including the precautionary principle.

<span class="mw-page-title-main">Magnuson–Stevens Fishery Conservation and Management Act</span>

The Magnuson–Stevens Fishery Conservation and Management Act (MSFCMA), commonly referred to as the Magnuson–Stevens Act (MSA), is the legislation providing for the management of marine fisheries in U.S. waters. Originally enacted in 1976 to assert control of foreign fisheries that were operating within 200 nautical miles off the U.S. coast, the legislation has since been amended, in 1996 and 2007, to better address the twin problems of overfishing and overcapacity. These ecological and economic problems arose in the domestic fishing industry as it grew to fill the vacuum left by departing foreign fishing fleets.

<span class="mw-page-title-main">National Marine Fisheries Service</span> Office of the U.S. National Oceanic and Atmospheric Administration

The National Marine Fisheries Service (NMFS), informally known as NOAA Fisheries, is a United States federal agency within the U.S. Department of Commerce's National Oceanic and Atmospheric Administration (NOAA) that is responsible for the stewardship of U.S. national marine resources. It conserves and manages fisheries to promote sustainability and prevent lost economic potential associated with overfishing, declining species, and degraded habitats.

<span class="mw-page-title-main">Atlantic menhaden</span> Species of fish

The Atlantic menhaden is a North American species of fish in the herring family, Clupeidae.

<span class="mw-page-title-main">Unsustainable fishing methods</span> Fishing methods with expected lowering of fish population

Unsustainable fishing methods refers to the utilization of the various fishing methods in order to capture or harvest fish at a rate which sees the declining of fish populations over time. These methods are observed to facilitate the destructive fishing practices that destroy ecosystems within the ocean, and more readily results in overfishing, the depletion of fish populations at a rate that cannot be sustained.

<span class="mw-page-title-main">Environmental impact of fishing</span>

The environmental impact of fishing includes issues such as the availability of fish, overfishing, fisheries, and fisheries management; as well as the impact of industrial fishing on other elements of the environment, such as bycatch. These issues are part of marine conservation, and are addressed in fisheries science programs. According to a 2019 FAO report, global production of fish, crustaceans, molluscs and other aquatic animals has continued to grow and reached 172.6 million tonnes in 2017, with an increase of 4.1 percent compared with 2016. There is a growing gap between the supply of fish and demand, due in part to world population growth.

<span class="mw-page-title-main">Alaska salmon fishery</span>

The Alaska salmon fishery is a managed fishery that supports the annual harvest of five species of wild Pacific Salmon for commercial fishing, sport fishing, subsistence by Alaska Native communities, and personal use by local residents. The salmon harvest in Alaska is the largest in North America and represents about 80% of the total wild-caught catch, with harvests from Canada and the Pacific Northwest representing the remainder In 2017 over 200 million salmon were caught in Alaskan waters by commercial fishers, representing $750 million in exvessel value. Salmon fishing is a nearly ubiquitous activity across Alaska, however the most valuable salmon fisheries are in the Bristol Bay, Prince William Sound and Southeast regions.

Sustainable seafood is seafood that is caught or farmed in ways that consider the long-term vitality of harvested species and the well-being of the oceans, as well as the livelihoods of fisheries-dependent communities. It was first promoted through the sustainable seafood movement which began in the 1990s. This operation highlights overfishing and environmentally destructive fishing methods. Through a number of initiatives, the movement has increased awareness and raised concerns over the way our seafood is obtained.

<span class="mw-page-title-main">Friend of the Sea</span> Sustainable seafood organization

Friend of the Sea is a project of the World Sustainability Organization for the certification and promotion of seafood from sustainable fisheries and sustainable aquaculture. It is the only certification scheme which, with the same logo, certifies both wild and farmed seafood.

<span class="mw-page-title-main">Fishing industry in the United States</span>

As with other countries, the 200 nautical miles (370 km) exclusive economic zone (EEZ) off the coast of the United States gives its fishing industry special fishing rights. It covers 11.4 million square kilometres, which is the second largest zone in the world, exceeding the land area of the United States.

<span class="mw-page-title-main">Stock assessment</span> Process used in fisheries management

Stock assessments provide fisheries managers with the information that is used in the regulation of a fish stock. Biological and fisheries data are collected in a stock assessment.

<span class="mw-page-title-main">International Seafood Sustainability Foundation</span>

International Seafood Sustainability Foundation (ISSF) was formed in 2009 as a global, non-profit partnership among the tuna industry, scientists and World Wide Fund for Nature. The multistakeholder group states its mission is "to undertake science-based initiatives for the long-term conservation and sustainable use of tuna stocks, reducing bycatch and promoting ecosystem health". Regional Fisheries Management Organizations (RFMOs) are primarily responsible for managing the world's tuna stocks—skipjack, yellowfin and albacore tuna, the species most commonly processed for canned and shelf-stable tuna products, but their parliamentary procedures too often allow the short-term economic and political interests of nations to prevent sustainable measures from being adopted. ISSF works to ensure that effective international management practices are in place to maintain the health of all the tuna stocks.

Sustainable sushi is sushi made from fished or farmed sources that can be maintained or whose future production does not significantly jeopardize the ecosystems from which it is acquired. Concerns over the sustainability of sushi ingredients arise from greater concerns over environmental, economic and social stability, and human health.

<span class="mw-page-title-main">Sustainable Fisheries Act of 1996</span>

The Sustainable Fisheries Act of 1996 is an amendment to the Magnuson-Stevens Fishery Conservation and Management Act, a law governing the management of marine fisheries in the United States. Another major amendment to this legislation was later made under the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006. The SFA was enacted to amend the outdated MSFCMA of 1976. The amendment included changes to the purpose of the act, definitions, and international affairs, as well as many small changes.

The following outline is provided as an overview of and topical guide to fisheries:

The North Pacific Fishery Management Council (NPFMC) is one of eight regional councils established by the Magnuson–Stevens Fishery Conservation and Management Act in 1976 to manage the fisheries of the United States. With jurisdiction over the 900,000-square-mile (2,300,000 km2) Exclusive Economic Zone (EEZ) off Alaska, the Council has primary responsibility for groundfish management in the Gulf of Alaska, Bering Sea and Aleutian Islands, including cod, pollock, flatfish, mackerel, sablefish, and rockfish species. Other large Alaska fisheries such as salmon, crab and herring are managed primarily by the State of Alaska.

High seas fisheries management refers to the governance and regulation of fishing activities in areas beyond national jurisdiction, often referred to as the 'high seas'. The 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the 1995 United Nations Fish Stock Agreement (UNFSA) provide the international legal framework for the regulation of fishing activities in areas beyond national jurisdiction. The United Nations Fish Stock Agreement delegates responsibility for conservation and management of fish stocks to regional fisheries management organizations (RFMOs) each governing a geographical area of the high seas.

<i>Billfish in the Indian Ocean</i> Species of billfish found in the Indian ocean

Of the twelve species of billfish, there are six species of Billfish in the Indian Ocean.

References

  1. "Magnuson-Stevens Act Provisions; National Standard Guidelines". Federal Register. 2016-10-18. Retrieved 2017-03-10.
  2. Fisheries, Office of Sustainable. "National Standard 1 – Related Resources :: Office of Sustainable Fisheries". www.nmfs.noaa.gov. Retrieved 2017-03-10.
  3. "Magnuson-Stevens Fishery Conservation and Management Act" (PDF).
  4. 1 2 Fisheries, Office of Sustainable. "2016 Revisions to National Standard 1 Guidelines :: Office of Sustainable Fisheries". www.nmfs.noaa.gov.
  5. 1 2 "Fishery Conservation and Management" (PDF). Retrieved May 12, 2017.
  6. "Review of Laws, Guidance, Technical Memorandums and Case Studies Related to Fisheries Allocation" (PDF). Retrieved March 16, 2017.
  7. "Fishery Conservation and Management" (PDF). Retrieved May 12, 2017.
  8. 1 2 3 "Fishery Conservation and Management" (PDF). Retrieved May 11, 2017.
  9. 1 2 "Fishery Conservation and Management" (PDF). Retrieved May 11, 2017.
  10. 1 2 3 "Fishery Conservation and Management" (PDF). Retrieved May 11, 2017.
  11. 1 2 "Fishery Conservation and Management" (PDF). Retrieved May 11, 2017.
  12. 1 2 "Fishery Conservation and Management" (PDF). Retrieved May 11, 2017.
  13. 1 2 "Fishery Conservation and Management" (PDF). Retrieved May 12, 2017.

This article uses public domain US Government sources.