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1995-06-11
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THE MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT
The Magnuson Fishery Conservation and Management Act (MFCMA),
Public Law 94-265 as amended (Magnuson Act), provides for the
conservation and management of all 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 Act, the Secretary of State, in cooperation
with the Secretary of Commerce (Secretary), negotiates Governing
International Fishery Agreements (GIFAs) with foreign countries
wishing to fish within the EEZ. After a GIFA is signed, it is
transmitted by the President to the Congress for ratification.
FOREIGN FISHING PERMITS
Foreign flagged fishing vessels whose flag nation has a GIFA with
the U.S. may submit a permit application to fish in the EEZ for
surplus fishery resources managed under the Magnuson Act after
the Department of State (DOS) has offered and the vessels flag
nation has: (1) accepted an allocation; and (2) a fishing permit
has been issued to the flag nation. Permit applications must
also be submitted to DOS for foreign flagged vessels that receive
U.S. harvested fish in the EEZ and for any other operation in
support of fishing in EEZ. The U.S. Coast Guard, the appropriate
Regional Fishery Management Council and the National Marine
Fisheries Service are provided copies for review and
recommendation. The DOS will also publish in the Federal
Register a summary of all permit applications received from
foreign nations requesting fishing permits to fish in the U.S.
EEZ.
FEES
Foreign nations engaged in fisheries subject to U.S. jurisdiction
are charged permit fees, poundage fees, a foreign fee surcharge,
and an observer fee.
The permit fees recover costs of issuing permits, based upon a
standard administrative charge of $354 for each foreign permit
application.
Poundage fees are charged for the fish harvested by foreign
vessels. Poundage fees vary in relation to the exvessel values
of the species harvested by a nation's vessels. Poundage fees
are not currently charged for U.S. harvested fish received by
foreign vessels.
The surcharge is to capitalize a fund to compensate U.S.
fishermen operating in the EEZ whose vessels or gear are lost or
damaged because of conflicts with foreign vessels. The surcharge
on poundage and permit fees was waived in 1992 because the fund
was fully capitalized.
The observer fee covers U.S. costs including salary, per diem,
training, transportation, and support costs and overhead for U.S.
observers on board foreign vessels. The fee is computed on the
basis of actual observer trips.
FOREIGN ALLOCATIONS
The total allowable level of foreign fishing (TALFF), if any, for
any fishery subject to the exclusive fishery management authority
of the United States is that portion of the optimum yield (OY) of
such fishery that will not be harvested by vessels of the United
States.
Each assessment of OY and each assessment of the anticipated U.S.
harvest is reviewed during the fishing season. Adjustments to
TALFFs are based on updated information relating to status of
stocks, estimated and actual performance of domestic and foreign
fleets, and other relevant factors.
FMPs and PMPs
Under the Magnuson 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 develop FMPs which cover domestic
and foreign fishing efforts, the FMPs are submitted to the
Secretary of Commerce 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 of Commerce is empowered to prepare plans 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, 1992, 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 Northwestern Atlantic
Pacific Billfishes and Oceanic Sharks
Bering Sea Herring
Bering Sea Snails
The Atlantic swordfish and Atlantic billfish fisheries are
currently being managed by the Secretary under the Magnuson 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 Act, all Council-prepared FMPs
must be reviewed by the Secretary of Commerce. After FMPs have
been approved under section 304 of the Magnuson Act, they are
implemented by federal regulations, under section 305 of the Act.
As of December 31, 1992, there are 32 fishery management plans in
place. The FMPs are listed below. Many FMPs are amended by the
Council and submitted for approval under the same Secretarial
review process as new FMPs. Many of the FMPs listed have been
amended since initial implementation. Those marked with a double
asterisk (**) were amended in 1992.
Northeast Multispecies
American Lobster
Atlantic Billfishes
Atlantic Bluefish
Atlantic Coast Red Drum
Atlantic Mackerel, Squid, and Butterfish (**)
Atlantic Salmon
Atlantic Sea Scallops
Atlantic Surf Clams and Ocean Quahogs fisheries
Summer Flounder (**)
Swordfish
Gulf and South Atlantic Spiny Lobster
Caribbean Shallow Water Reef Fish
Gulf and South Atlantic Corals
Gulf of Mexico Reef Fish (**)
Gulf of Mexico Shrimp (**)
Gulf of Mexico Stone Crab
Coastal Migratory Pelagics (**)
Caribbean Spiny Lobster
Snapper/Grouper (**)
Northern Anchovy
King and Tanner Crab
Commercial and Recreational Salmon
High Seas Salmon
Pacific Groundfish (**)
Gulf of Alaska Groundfish (**)
Bering Sea and Aleutian Islands Groundfish (**)
Western Pacific Crustaceans (**)
Western Pacific Precious Corals
Western Pacific Bottomfish and Seamount Groundfish
Gulf of Mexico Red Drum (**)
Western Pacific Pelagics (**)
During 1992, 544 regulatory actions were processed via the
Federal Register to implement FMP fishery management actions and
rules for foreign fishing. This number includes hearings,
meetings, and correction notices.