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                                         NOAA\                                                       
                                         FISHERIES\                                                  
                                         SERVICE                                                     

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                                         The Sustainable Fisheries Division provides stewardship of  
                                         living marine resources through science-based conservation  
                                         and management and the promotion of healthy marine          
                                         ecosystems.                                                 
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Implementing the Magnuson-Stevens

Reauthorization Act of 2006

On January 12, 2007, President Bush signed into law the Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act of 2006 (MSRA).
The new law (P.L. 109-479) is groundbreaking in several respects: it
mandates the use of annual catch limits and accountability measures to
end overfishing, it provides for widespread market-based fishery
management through limited access programs, and it calls for increased
international cooperation.

NOAA's National Marine Fisheries Service (NOAA Fisheries) is working to
fully implement the MSRA. The MSRA requires a variety of new reports,
studies, Secretarial determinations, and other activities to be
completed by specific dates. There are also many required provisions
that do not have specific due dates, but must be implemented. The Office
of Sustainable Fisheries (SF) has been tracking the implementation of
all these activities. For tracking purposes, SF has divided all tasks
associated with implementation of MSRA into 3 priority levels:

-   Priority 1 -- Time constrained -- date-specified in the Act

-   Priority 2 -- Required to be implemented but no specific date

-   Priority 3 -- Action is authorized, but not required

This report documents the status of all tasks related to the
implementation of the MSRA.

Additional details on individual tasks can be found on the NOAA
Fisheries MSRA implementation website at:

<http://www.nmfs.noaa.gov/msa2007>

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Implementing MSRA

[Status]{.underline}

**The following Priority 1 tasks were due within the first 12-months.**

*[Within 30 days (February 12, 2007)]{.underline}*

-   Framework 42 Report (Section 215(b)) -- **Completed**

*[Within 60 days (March 12, 2007)]{.underline}*

-   Secretarial determination of Federal and State consistency related
    to groundfish management in New England and Hawaii (Section 110)
    **-- Completed**

*[Within 90 days (April 12, 2007)]{.underline}*

-   Define the term "illegal, unreported, or unregulated fishing"
    (Section 403) -- **Completed**

-   Amend the FMP for Bering Sea Aleutian Islands King and Tanner Crabs
    (Section 122a) -- **Completed**

-   Establish a process for monitoring and certifying contractor
    performance regarding any contract to construct or deploy tsunami
    detection equipment (Section 804) -- **Completed**

*[Within 6 months (July 12, 2007)]{.underline}*

-   Develop a recovery plan for Klamath River Coho salmon (Section
    113(b))-- **Completed**

-   Develop a training course for new Council members (Section 103(g))
    -- **Completed**

-   Promulgate regulations to establish an expedited, uniform, and
    regionally-based process for issuing Exempted Fishing Permits
    (Section 204) -- Pending

    -   A proposed rule published December 21, 2007 and accepted public
        comments through March 20, 2008. A final rule is under
        development.

-   Report on the impacts of Hurricanes Katrina, Rita, & Wilma on
    commercial and recreational fisheries in the states of Alabama,
    Louisiana, Florida, Mississippi, and Texas (Section 213) --
    **Completed**

-   Report on the impacts of Hurricanes Katrina, Rita, & Wilma on
    fisheries habitat in the states of Alabama, Louisiana, Florida,
    Mississippi, and Texas (Section 213) -- **Completed**

-   Propose revised NEPA-MSA procedures for compliance with NEPA
    (Section 107)

    -   A Proposed rule published May 14, 2008. Public comments are
        accepted until August 12, 2008.

-   Report on the state of science for integration of ecosystem
    considerations in regional fisheries management (Section 210) --
    Pending

    -   The report is expected during the fall of 2008.

*[Within 8 months (September 12, 2007)]{.underline}*

-   Assess Post-Baccalaureate education in fisheries sciences
    (Section 217) -- Pending

    -   This report is currently under review within the agency.

*[Within 9 months (October 12, 2007)]{.underline}*

-   Report on Council Management Coordination (Completed by MAFMC)
    (Section 216) -- **Completed**

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*[Within 1 year (January 12, 2008)]{.underline}*

-   Conflict of Interest Report to Congress (January 1, 2008) (Section
    103(i)(4) -- **Completed**

-   Develop IFQ referenda guidelines (Section 106(a)) -- Pending

    -   A proposed rule was published April 23, 2008, and is open for
        public comment through June 23, 2008 (see 73 FR 21893).

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-   Develop revised NEPA-MSA procedures (Section 107) -- Pending

    -   A proposed rule was published May 14, 2008, and is open for
        public comment through August 12, 2008 (see 73 FR 27998).

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-   Deep Sea Coral Report to Congress -- **Completed**

-   Excess Harvesting Capacity Report to Congress (112(a)(8)) --
    **Completed**

-   Establish a Bycatch Reduction Engineering Program (Section 116(a))
    -- **Completed**

-   Joint report to Congress on vessel monitoring systems, with USCG
    (due August 2008) -- Pending

**The following Priority 1 tasks are ongoing and are due within 2 or
more years.**

*[Within 2 years (January 12, 2009)]{.underline}*

-   Establish a program to improve recreational fisheries data.

    -   A proposed rule to establish the process and requirements for
        anglers and for-hire vessels to register with NMFS if they fish
        in the EEZ was published on June 12, 2008, with comments
        accepted through August 11, 2008.

    -   Pilot projects for 2008 have been selected.

-   Publish the 1st Illegal, Unreported, or Unregulated (IUU) Biennial
    Report, procedures, & certification. This report will be issued
    *biennially after its initial issuance.*

    -   A proposed rule on a procedure for certifying IUU fishing flag
        states and a procedure for certifying flag states whose fishing
        vessels are responsible for unacceptable levels of bycatch of
        protected living marine resources is expected in the summer of
        2008.

-   Designate a Senate-confirmed, senior official within NOAA to perform
    the duties of the Secretary with respect to international agreements
    involving fisheries and other living marine resources.

-   Pacific Fishery Management Council will develop a proposal for an
    appropriate rationalization program for the Pacific trawl groundfish
    and whiting fisheries, including the shore-based sector of the
    Pacific whiting fishery.

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-   Report on recovery progress and actions taken to implement the
    Klamath River Coho salmon recovery plan. *January 12, 2009, annual
    report thereafter.*

    -   The recovery plan was completed and made available to the
        public.

    -   Actions are being taken under the plan, and a report is being
        drafted.

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-   Implement data-sharing measures accessible by enforcement agencies
    (October, 12, 2009)

-   Report to the Congress evaluating the current status of tsunami
    detection, forecasting, and warning (1/31/10)

-   Report to Congress tsunami technology transfer (1/12/10)

> *[Beyond 2 years (2010 and beyond)]{.underline}*

-   Amend all fishery management plans to meet annual catch limit (ACLs)
    requirements. ACLs are required in fishing year 2010 for stocks
    subject to overfishing and in fishing year 2011 for all others.

    -   A proposed rule to revise the guidelines for National Standard 1
        providing guidance on how to comply with new ACL and
        accountability measure (AM) requirements was published on June
        9, 2008. Comments are accepted through September 8, 2008.

**In Summary, during the first year and a half of implementation:**

-   **15** Priority 1 tasks are **Complete**

-   **10** tasks are **on track** for completion by statutory deadlines
    or are in final stages of completion.

-   **5** tasks are **delayed**

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The agency is also implementing, to the extent practicable, other tasks
under the MSRA that are either required or authorized. Below is a
summary of those tasks, identified as Priority 2 (required) and Priority
3 (authorized).

**Priority 2**[^1] **tasks** (**44**) **& Priority 3**[^2] **tasks (6)**
-- Summary as of June 12, 2008

24 tasks are **complete** or require **no specific action** to be
effective (for instance, are self-implementing under the law or are
statements of intent).

1.  *CDQ Bycatch limitations*

2.  *Cooperative Research and Management Program*

3.  *Council Coordination Committeee*

4.  *Economic impacts -- Revises text with regards to analyses*

5.  *Emergency regulations - Extends the second emergency period from
    180 days to 186 days.*

6.  *Fisheries Hurricane Assistance Program - Establishes an assistance
    program for the Gulf of Mexico commercial and recreational fishing
    industry*

7.  *Guidance to U.S. Commissioners to International Fishery Management
    Efforts*

8.  *Habitat Restoration due to Hurricane Effects on Shrimp and Oyster
    Fisheries and Habitats*

9.  *Joint Enforcement Agreements -- Revises JEAs*

10. *Observers - Revises observer requirements for foreign fisheries in
    the Pacific Insular Area.*

11. *Oregon and California Salmon Fishery - 2006 fall Chinook salmon
    fisheries eligible to receive direct assistance*

12. *Summer Flounder Rebuilding - Allows Secretary to extend the time
    for rebuilding of summer flounder under certain conditions*

13. *Western Pacific Sustainable Fisheries Fund - Requires certain fines
    and penalties be deposited into the Western Pacific Sustainable
    Fisheries Fund*

14. *Findings with illegal, unreported, and unregulated (IUU) Fishing --
    Congress finds that international cooperation is necessary to
    address IUU fishing*

15. *International Overfishing and Domestic Equity- requires us to
    immediately take appropriate action at the international level to
    end overfishing*

16. *Northern Pacific Halibut Act - Amends the Northern Pacific Halibut
    Act to increase penalties.*

17. *Prohibited Acts- adds prohibitions to the law*

18. *Puget Sound Regional Shellfish Settlement -- implements the
    settlement*

19. *Regional Ecosystem-based Management & Research*

20. *SEAK Capacity Redux -- Appropriations - For SE Alaska Fisheries
    Communities Capacity Reduction*

21. *Shark Feeding - Prohibits feeding of sharks to attract sharks for
    purposes other than harvest in the EEZ off Hawaii*

22. *Data Collection -- Authorizes collection of proprietary and
    economic info*

23. *Reauthorization of other fisheries acts*

24. *Western Pacific Fishery Demonstration Projects -- revises
    requirements*

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-   1 task is in **final review**

    1.  *Fisheries Conservation and Management Fund*

-   16 tasks are **in progress.**

1.  *Access to Certain Information - Revises provisions specifying
    access to confidential information.*

2.  *Community-Based Habitat Restoration Program*

3.  *Council SOPPs Revisions -- Incorporates various changes from MSRA
    that impact Council SOPPs*

4.  *Deep Sea Coral Research/Management - Establish a Deep Sea Coral
    Research and Technology Program & submits information to the
    appropriate Councils*

5.  *Fishery Impact Statement Requirements - Revises text with regards
    to analyses*

6.  *Fishing Capacity Reduction -- Revises provisions under which a FCR
    can operate*

7.  *Implementation of Western and Central Pacific Fisheries Convention*

8.  *Investment in Seafood Processing --* a project plan is currently
    being developed

9.  *Multi-Year Research Priorities -- Requires regularly updated
    research priorities*

10. *Pacific Whiting - Implements the Agreement between the Government
    of the United States and the Government of Canada on Pacific
    Hake/Whiting signed in Nov. 2003.*

11. *Peer Review -- Authorizes establishment of a process that satisfies
    IQA*

12. *Regional Disaster Relief and Evaluation -- establishes a regional
    economic transition program*

13. *Rockfish Demonstration Program - Amends program from 2 years to 5
    years.*

14. *Technical Revisions to 50 CFR 600*

15. *WP and NP Community Development - Establishes regionally-based
    pilot programs*

16. *Use of Fishery Finance Program for Sustainable Purposes -- amends
    USC*

-   4 items currently have **no funding** associated with them, so no
    activities are being conducted for them at this time.

    1.  *Restoration study - Authorizes a study to update scientific
        information and protocols needed to improve restoration
        techniques for coastal habitat.*

    2.  *Study on the acidification of oceans*

    3.  *Impact of TEDs on Shrimping*

    4.  *Herring study*

-   4 tasks are **waiting or** **delayed**. Revised schedules may be
    developed to implement these projects at a later date.

    1.  *Hurricane grants*

    2.  *North Pacific Fisheries Convention*

    3.  *LAPPs -- Provides guidance on the implementation of limited
        access privilege programs*

    4.  *Stipends -- payment of a stipend to SSC members under certain
        restrictions*

[^1]: Required without a due date

[^2]: Authorized, but not required