Mr. Colvin noted the following aspects of the recent reauthorization of the federal Magnuson-Stevens Fishery Conservation and Management Act that will be of especial interest to the several coastal states:

Regional Fishery Management Councils & Science

• Councils must develop annual catch limits for each species not exceeding the fishing level recommendations (i.e., TACs) of the Scientific and Statistical Committees
• there is no requirement to deduct harvest quota overages from the following year
• Councils must establish a mechanism for specifying annual catch limits in fishery management plans (including multi-year plans), implementing regulations, and annual specifications at levels that do not allow overfishing to occur
• takes effect in 2010 for fisheries where overfishing is occurring and 2011 for all other fisheries
• does not apply to a fishery for species that have a life cycle of one year or less unless overfishing is occurring

Overfishing and Rebuilding

• Within two years of an overfishing determination, a Council must prepare and implement a plan to end overfishing immediately
• takes effect 30 months after enactment
• Rebuilding timeline of 10 years remains except for summer flounder
• rebuilding timeframe extended to 2013 if overfishing is not occurring and biomass is increasing

Limited Access Privilege Programs (LAPPs)

• Authorizes Councils to design and implement LAPPs (i.e. Individual Fishery Quotas)
• Provides national standards and guidelines for LAPPsNational Environmental Policy Act (NEPA)
• The Secretary of Commerce, with the regional fishery management councils and the federal Council on Environmental Qualaity, must revise and update agency procedures for compliance with NEPA within 6 months of enactment

Enforcement

• The governor of an eligible state may apply to the Secretary to execute a joint enforcement agreement that will authorize the deputization and funding of state law enforcement officers.
• Establishes improved data sharing with states from information collected from vessel monitoring systems

Other

• Groundfish – Secretary of Commerce must determine if fishing in state waters without a New England multispecies groundfish permit on species with the complex is inconsistent with the FMP
  • if it is inconsistent, the Secretary must develop and implement measures to fix the inconsistency
• Marine recreational registry – Secretary of Commerce must implement 8 regional marine recreational fishery registries for the purpose of improved collection of marine recreational fishery data.  There will be no fee for registration before January 1, 2011.  The Commissions and states may use confidential information obtained through the registry program and MRFSS.
• Cooperative research – Secretary of Commerce must establish a cooperative research and management program and funding.
• Herring study – Allows the Secretary of Commerce to conduct a cooperative herring research program to study abundance, distribution, and herring’s role as a filter-feeder
  • authorizes appropriations of $2M for FY2007 through FY2009.
• Reauthorization of Atlantic Striped Bass Act – authorizes appropriations of $1M to the Secretary of Commerce and $250K to the Secretary of Interior for each FY2007 through FY2010.
• Reauthorization of the Interjurisdictional Fisheries Act – Authorizes appropriations of $5M to the Secretary for each FY2007 through FY2012 and $900K for the development of management plans for each FY2007 through FY2012.
• Reauthorization of the Andadromous Fish Conservation Act – Authorizes appropriations not to exceed $4.5M for each FY2007 through FY2012.

 

Page last modified Tuesday, February 27, 2007 by George E. Carroll