This is the third in a series of updates on NMFS implementation of SFA amendments
to the
Magnuson-Stevens Act. Throughout issues of the SFA Bulletin, "MSA §",
followed by a section
number, will identify specific sections of the Magnuson-Stevens Act. Sections
of the Sustainable
Fisheries Act are identified by "SFA §". Acronyms commonly used in
the Update include: AP
(Advisory Panel), EFH (Essential Fish Habitat), FMP (fishery management plan),
and HMS
(Highly Migratory Species).
Section 304(e)(1) of the Magnuson-Stevens Fishery Conservation and Management
Act
(Magnuson Stevens-Act) [SFA §109(e)] requires the Secretary of Commerce (Secretary)
to report
to Congress and the Councils annually on the status of the fisheries in each
Council's geographical
area of authority and to identify those fisheries (stocks) that are overfished
or are approaching an
overfished condition. Whether or not a fishery is overfished is determined using
the overfishing
definition in the Fishery Management Plan (FMP) or international agreement for
that fishery. A
fishery is considered to be approaching an overfished condition if, considering
trends in fishing
effort, resource size, and other pertinent factors, the Secretary estimates
the fishery will be
overfished within 2 years. In the Report, NMFS identified 76 overfished and
10 approaching-
overfished stocks covered by an FMP, and ten overfished stocks not covered by
an FMP.
Although the Report contains a significant number of fisheries defined as
overfished, it is likely
that it represents the minimum number of overfished fisheries and understates
the number of
fisheries that will eventually be determined to be overfished. By this time
next year, the
overfishing definitions currently used by a majority of FMPs will have been
changed to reflect the
Magnuson-Stevens Act definition of overfishing. Currently, most FMP overfishing
definitions
rely entirely or partially on a fishing mortality rate (the rate at which fish
die as a result of fishing
activity). This type of definition assesses fishery/species status based on
whether or not
overfishing is taking place. In contrast, the Magnuson-Stevens Act defines "overfished"
and
"overfishing" as a rate or level of fishing mortality that jeopardizes
a fishery's capacity to produce
maximum sustainable yield (MSY) on a continuing basis. Therefore, many of the
species that are
now classified as "not overfished" on the basis of existing FMP overfishing
definitions probably
will be reassessed as "overfished" under the new definition in future
Reports.
Within 1 year of the notification of overfished fisheries, the appropriate Councils,
or the Secretary
in the case of Atlantic highly migratory species, are required to submit an
FMP, an FMP
amendment, or proposed regulations for those fisheries that were found to be
overfished (by
September 30, 1998) [MSA § 304(e)(3)]. These new FMPs, FMP amendments or proposed
regulations must set a timeline for ending overfishing in the fishery and for
rebuilding the fishery.
The timeline must be as short as possible, taking into account several factors,
but cannot normally
exceed 10 years, except under certain specific conditions [MSA §304(e)(4)].
Copies of the Report on the Status of the Fisheries of the United States are
available from George
Darcy, Office of Sustainable Fisheries, Domestic Fisheries Division, 1315 East-West
Hwy., Silver
Spring, MD 20910. The report is also available on the Internet at <<http://www.nmfs.noaa.gov/sfa>>.
Congress included in the Sustainable
Fisheries Act (SFA) a requirement that the Secretary establish
regulations for fishing vessels that carry observers. In response to this requirement,
NMFS
published a proposed rule in the Federal Register on September 22, 1997, that
would establish
regulations that ensure fishing vessels are safe and adequate to carry an observer
and to permit
observer functions.
Section 403(a)(1) of the Magnuson-Stevens
Act [SFA §205] requires the Secretary to establish
regulations with guidelines for deciding when a vessel should not carry observers
due to the
inadequacy of the vessel's facilities or because of unsafe conditions. The vessel
must be safe and
adequate for observer lodging and necessary observer functions, and cannot threaten
observer
health and safety or jeopardize the safe operation of the vessel [MSA §403(a)(1);
SFA §205]. The
Magnuson-Stevens Act also requires the regulations to have guidelines for determining
actions the
vessel owner or operator may be required to do to make those facilities adequate
and safe [MSA
§403(a)(2)].
The proposed rule would apply to mandatory
and voluntary observer programs under the
Magnuson-Stevens Act, the Marine Mammal Protection Act (MMPA), the Atlantic
Tunas
Convention Act (ATCA), the South Pacific Tuna Act (SPTA) or any other U.S. law.
Since
vessels in fisheries with mandatory observer programs must have observer(s)
aboard to fish
legally, those vessels that do not meet the safety requirements in the proposed
regulation would not
be permitted to fish until those requirements are met and the observer(s) is
(are) on board. The
observer's purpose is to collect data for fishery and protected species conservation
and
management, monitor bycatch mortality and injury to marine mammals and protected
species,
and/or monitor adherence to Federal regulations.
The proposed rule would require fishing
vessels to, at a minimum, meet U.S. Coast Guard
(USCG) safety standards to be considered safe and adequate for carrying observers.
Vessels
would go through USCG safety inspections and display a decal or certificate
indicating compliance
with USCG safety regulations. The vessel owner would be able to schedule the
inspections,
which would occur at dockside at no cost to the vessel owner, at a time that
is most convenient to
the vessel owner.
The proposed regulations are provided
in the Federal Register notice (62 FR 49463). The
notice is available online via the SFA Homepage at <<http://www.nmfs.noaa.gov/sfa>>
or by searching the Federal Register through GPO Access at
<<http://www.access.gpo.gov/su_docs/aces/aces140.html
>> . Comments on the
proposed rule should be sent by October 22, 1997 to Gary Matlock, Director,
NMFS Office
of Sustainable Fisheries, 1315 East-West Hwy., Silver Spring, MD 20910.
NMFS has formed three advisory panels
(APs) to assist in identifying and evaluating options for
future management in the fisheries for Atlantic tunas, swordfish, sharks and
billfish. Two of the
panels, the Billfish AP and the Highly Migratory Species (HMS) AP, will assist
NMFS in
preparing fishery management plans (FMPs) and plan amendments for Atlantic HMS
[MSA
§304(g); SFA §107(e)]. The third panel, the Pelagic Longline AP, will help NMFS
prepare a
report to Congress on the feasibility of implementing a comprehensive management
system for the
pelagic longline fishery [MSA §304 note; SFA §109(h)].
At its second meeting, the Billfish
AP reviewed a draft issues and options paper that will be used
this fall in a series of public meetings to gather the public's input on development
of an amendment
to the FMP for Atlantic Billfish. The Pelagic Longline AP identified issues
that are important to
consider in evaluating the feasibility of implementing a comprehensive management
plan for the
fishery at its second meeting. The Pelagic Longline AP also attended a technical
workshop at
which scientists from the NMFS Southeast Fishery Science Center and the Louisiana
Cooperative
Extension Service discussed science and management issues in the longline fishery.
The HMS AP was recently formed to assist
NMFS in developing a fishery management plan for
Atlantic tunas, swordfish and sharks. Currently, sharks and swordfish are managed
under their
own FMPs; Atlantic tunas are managed under the Atlantic Tunas Convention Act.
The new FMP
will build on the existing FMPs for sharks and swordfish and will add a new
management
framework for tunas. The fisheries for Atlantic tunas, swordfish and sharks
share many issues,
participants and concerns. Management under a single FMP will integrate common
issues, ease
the regulatory burden on fishery participants, and promote more holistic management
of Atlantic
HMS. However, each of these species groups has unique biological and management
issues that
will be carefully considered by break-out groups of AP members who have expertise
with a
particular species. All meetings of the AP, including species break-out sessions,
are open to the
public. The HMS AP held its first meeting on October 16 and 17, 1997, in Building
SSMC2,
1325 East-West Highway, Silver Spring, Maryland.
The first step in the development of an FMP for Atlantic HMS and an amendment
to the Billfish
FMP is to get input from the public on important issues in the fishery and on
management options
to address those issues. NMFS has scheduled a series of public scoping meetings
in 19 cities in
October and November of this year to gather public input on issues and options
for HMS
management. A document outlining several of the issues and options will be available
in advance
of, as well as at, each scoping meeting. Both the meeting schedule and the issues/options
document are available online at <<http://www.nmfs.noaa.gov/sfa>>,
or by contacting Liz Lauck
by fax (301) 713-1917 or by phone (301) 713-2347.
Director, Office of Sustainable Fisheries: Gary C. Matlock, Ph.D.
Editors: Richard Surdi, Peter Fricke, Aliçon Morgan
Design and Layout: Aliçon Morgan