# Presentation: 500333

## Alan Risenhoover, Director
NOAA Fisheries Office of Sustainable Fisheries

- NOAA Fisheries Office of Sustainable Fisheries

- New Mandates for Improving the Management of Marine Fisheries in the United States

## Magnuson-Stevens Fishery Conservation and Management Act (MSA)

- Governs marine fisheries management in U.S. federal waters
- Enacted in 1976
- Amended in 1996 and 2007 (MSRA)
- Original Goals
- Conserve and manage U.S. fisheries
- Phase out foreign fishing, develop domestic capacity
- Provide stakeholders a role in management (Councils)

## Goals of 1996 Amendments

- Achieve optimum yield (OY) in all fisheries
- Social, economic, and ecological considerations
- End overfishing
- Rebuild overfished fisheries
- Minimize bycatch
- Protect fisheries habitat

## Goals of 2007 Amendments (MSRA)

- End and prevent overfishing
- Improve science and its role in decision-making
- Promote market-based management approaches
- Promote international cooperation to address IUU fishing and bycatch of protected living marine resources

## Status of U.S. Fisheries:Where are we now?

## What is the difference?

_**Overfishing**_** – **Rate of harvest is unsustainable.
- Left alone, leads to overfished stocks

_**Overfished**_** – **Stock size has fallen below a sustainable level

**Notes:**
-If ended promptly, overfishing will not lead to “overfished”.  
-If not ended, overfishing can lead to “overfished”.  Then a stock needs a rebuilding plan and restrictions in harvest.
-A stock can be “overfished” AND “subject to overfishing”.  In this case, overfishing must be ended AND a rebuilding plan is needed to increase the stock size again.

## Stocks “Subject to Overfishing” (43) – as of 3rd quarter 2007

- _New England:_
- Cod – Gulf of Maine
- Cod – Georges Bank
- Yellowtail flounder – Georges Bank
- Yellowtail flounder – Southern New England/Middle Atlantic
- Yellowtail flounder – Cape Cod/Gulf of Maine
- White Hake
- Winter Flounder – Georges Bank
- Winter Flounder – Southern New England/Middle Atlantic

_**Stocks “Subject to Overfishing” (43)**__** – as of 3**__**rd**__** quarter 2007**_

- _Mid-Atlantic:_
- Summer flounder
- Scup

- _South Atlantic:_
- Vermilion Snapper
- Red Snapper
- Snowy Grouper
- Golden Tilefish
- Red Grouper
- Black Sea Bass
- Gag
- Black Grouper
- Speckled Hind
- Warsaw Grouper
- *Red Drum

- _Gulf of Mexico:_
- Red Snapper
- Greater Amberjack
- Gag
- Gray Triggerfish

- _Caribbean:_
- Snapper Unit 1
- Grouper Unit 1
- Grouper Unit 4
- Queen Conch
- *Parrotfishes

- _Pacific:_
- Petrale sole
- Yellowfin Tuna – Eastern Pacific

- _Western Pacific_
- Bottomfish Multi-Species Complex – Hawaiian Archipelago

- _Highly Migratory _
- _Species:_
- Blue Marlin – Atlantic
- White Marlin – Atlantic
- Sailfish – West Atlantic
- Bigeye Tuna – Atlantic
- Albacore – North Atlantic
- Bluefin Tuna – West Atlantic
- Sandbar Shark
- Finetooth Shark
- Dusky Shark

- Note:  * indicates non-FSSI stock

- _Pacific__** and **__Western Pacific_
- Bigeye Tuna – Pacific

**Notes:**
Of the 230 most important managed stocks:
18% are “subject to overfishing”

## Overfished Stocks (47) – as of 3rd quarter 2007

- _New England:_
**Cod – Gulf of Maine**
**Cod – Georges Bank**
- Haddock – Gulf of Maine
- Haddock – Georges Bank
- American Plaice
**Yellowtail flounder – Georges Bank**
**Yellowtail flounder – Southern New England/Middle Atlantic**
**Yellowtail flounder – Cape Cod/Gulf of Maine**
**White Hake**
- Windowpane Flounder – Southern New England/Middle Atlantic
**Winter Flounder – Southern New England/Middle Atlantic**
- Ocean Pout
- Atlantic Halibut
- Winter skate
- Thorny skate
- *Atlantic Salmon

_**Overfished Stocks (47)**__** – as of 3**__**rd**__** quarter 2007**_

- _New England/_
- _Mid Atlantic:_
- Monkfish – North
- Monkfish – South

- _Mid-Atlantic:_
**Summer Flounder**
**Scup**
- Butterfish (Atlantic)

- _South Atlantic:_
- Pink shrimp
**Snowy grouper**
**Black Sea Bass**
- Red Porgy

- _Gulf of Mexico:_
**Red Snapper**
**Greater Amberjack**

- _Caribbean:_
**Grouper Unit 1**
- Grouper Unit 2
**Grouper Unit 4**
**Queen Conch**

- _Pacific:_
- Bocaccio
- Darkblotched Rockfish
- Cowcod
- Yelloweye Rockfish

- _Western Pacific_
- Seamount Groundfish Complex – Hancock Seamount

- _North Pacific:_
- Blue King Crab – Pribilof Islands
- Blue King Crab – Saint Matthews Island

- _Highly Migratory _
- _Species:_
**Blue Marlin – Atlantic**
**White Marlin – Atlantic**
**Sailfish – West Atlantic**
**Bigeye Tuna – Atlantic**
**Albacore – North Atlantic**
**Bluefin Tuna – West Atlantic**
**Sandbar Shark**
- Porbeagle Shark
**Dusky Shark**

- Note:  * indicates non-FSSI stock
- Blue = stocks also “subject to overfishing”

**Notes:**
Of the 230 most important managed stocks:
20% are “overfished”

## Domestic Provisions of MSRA

## End and Prevent Overfishing

- Annual Catch Limits
- Set at limits “such that overfishing does not occur”
- May not exceed recommendations of Councils’ scientific committees (SSCs)
- Accountability
- Required for stocks currently undergoing overfishing by 2010; all other stocks in 2011

**Notes:**
2 exemptions:
Stocks with annual life cycles, unless subject to overfishing
Stocks managed under international fishery agreements (e.g. ICATT)

## Promote Market-Based Approaches

- Additional management tool
- Transferable permit specifying the amount of catch a privilege holder may harvest
- Goals:  rebuild overfished stocks, reduce overcapacity, promote safety
- Seek to provide social and economic benefits
- Allocations must be “fair and equitable” and prevent acquisition of excessive shares

## Improve Science for Management

- Recreational Fisheries Data
- New program to improve the collection, analysis, and use of recreational fisheries data
- Registry of recreational fishermen

**Notes:**
New requirements:
A new program to improve the current Marine Recreational Fisheries Statistics Survey (MRFSS) by 2009
A registry of recreational fishermen – like a phonebook.  Will improve surveys of recreational fishers and estimates of recreational catch. 

## Improve Science for Management (cont.)

- Stronger role for scientific and statistical committees
- Enhanced review of scientific information
- New regional pilot programs for ecosystem research
- New Research Programs
- Deep Sea Coral Research and Technology Program
- Bycatch Reduction Engineering Program
- Cooperative Research and Management Program

## Deep Sea Corals in MSRA

- Required new Deep Sea Coral Research and Technology Program
- Additional authority for Councils and NOAA to designate zones to protect corals from damage from fishing gear

- Deep sea coral habitats are biologically diverse, fragile, and a U.S. priority for protection

**Notes:**
Zones may be designated by Councils and NOAA to protect deep sea corals from physical damage from fishing gear
This is in addition to existing bycatch and essential fish habitat authorities under which corals could be protected. 
Requires a new Deep Sea Coral Research and Technology Program – major NMFS priority 

## The State of Deep Coral Ecosystems of the United States

- Released December 10, 2007.
- Basis of upcoming Report to Congress (January 2008)
- Highlights deep coral
- distribution and ecology
- threats they face, and
- U.S. conservation actions
- Addresses MSRA requirement to “identify existing research on and known locations of deep sea corals”

**Notes:**
NEW REPORT RELEASED, DEC 10, 2007.
The second major priority that the NMFS Deep Coral Team has undertaken has been to assess and organize information on U.S. Deep Coral Ecosystems.
This forms a key foundation for all future research and management efforts
First peer-reviewed State of the Seep Coral Ecosystems of the United States.
The report includes a National Overview and seven regional chapters detail the state of our knowledge of deep coral communities, including 
Abundance and distribution of major taxa of structure-forming corals
Associated species
Threats
Current management and conservation measures
Priority regional information needs
This Report addresses the first requirement of the New Magnuson-Stevens mandated Deep Sera Coral Research and Technology Program. 
This report also provides a foundation for working with international partners to share knowledge and to collaborate on mutually beneficial exploration, research, and management efforts.

## Bycatch Reduction

- A new Bycatch Reduction Engineering Program
- Incentives to reduce bycatch, seabird interactions, and post-release mortality
- Coordination on seabird interactions
- Annual report to Congress (starting 2009)

**Notes:**
The New Program (REQUIRED)
Must be established by mid-January 2008
In cooperation with Councils and other affected interests
Grants component—coordination with cooperative research program
Focused on Federally managed fisheries
Regionally based
Must provide information and outreach
Must provide for routine consultation with Councils
Incentives (authorization)
An FMP may establish incentives to reduce bycatch, seabird interactions, post-release mortality: Could include measures:
To incorporate bycatch into quotas,
To promote gear with verifiable and monitored low bycatch rates, and
That, based on best scientific information available, reduce bycatch and seabird interactions, mortality, or regulatory discards.
Coordination on seabird interactions (authorization)
Outreach to industry on new technologies and methods,
Projects to mitigate seabird mortality, and
Actions at appropriate international fishery organizations to reduce seabird interactions in fisheries.
Reports to Congress (REQUIRED)
1st report due around January 2009; must describe:
Funding provided to implement S 316,
Developments in gear technology achieved under S 316, and 
Improvements and reduction in bycatch and seabird interactions as well as proposals to address remaining bycatch or seabird problems.

## Bycatch Reduction Research Example

- To reduce interactions of sharks with fishing gear, research on Electropositive (E+) metals:
- E+ metals react with seawater, producing large electric fields, unlike inert metals such as lead.
- Large electric fields may disrupt the electric sense of sharks, making them avoid bait associated with E+ metal alloys.

**Notes:**
An example of the type of research that will be funded under this new program: 
Shark bycatch in a variety of fisheries is a major problem with several populations of sharks undergoing substantial decreases.
In experiments conducted in Hawaii, we are investigating the use of E+ metals as a potential strategy to reduce interactions of sharks with fishing gear.  E+ metals react with seawater, producing large Electric fields.  It is thought that these large Electric fields disrupt the electric sense of sharks, making them  avoid bait when associated with E+ metal alloys  - but not when associated with inert metals such as lead.
Show video
Sharks in the control video attack the bait.
Sharks in the E+ metal video approach bait and will show an aversion to the bait as they approach the bait.

## NEPA-MSA Streamlining

- Requires revised Agency procedures for compliance with the National Environmental Policy Act (NEPA) to:
- conform to the timelines for review and approval of fishery management actions
- integrate environmental analytical procedures and time frames for public input
- The Secretary must work with the Regional Councils and the Council on Environmental Quality (CEQ)

## Other Provisions

- Strengthens conflict of interest rules for Councils
- Improve fisheries enforcement through state and federal cooperation
- Address impacts to fisheries and fishing communities from recent hurricanes

## International Provisions 

## International Fisheries & Protected Living Marine Resources

- Actions must be taken to:
- Address international overfishing
- Reduce bycatch of protected living marine resources (LMRs)
- Strengthen international organizations with fisheries management oversight
- Combat illegal, unreported, or unregulated (IUU) fishing
- Promote improved monitoring and compliance of international fisheries

**Notes:**
The MSRA envisions a multilateral process to implement effective measures to address IUU fishing and reduce bycatch of protected living marine resources
The U.S. will continue to support nations with the adoption of regulatory measures comparable to U.S., taking into account conditions that may bear on their effectiveness and feasibility

## Biennial Report to Congress

- Must include:
- Status of international living marine resources (LMRs)
- Identify nations whose vessels engage in IUU fishing or bycatch of protected LMRs
- Identify measures taken by nations or international fishery management organizations to end IUU fishing or reduce bycatch of LMRs
- Corrective actions taken or encouraged domestically or abroad

**Notes:**
BIENNIAL REPORT:  1st due January 2009
To include:
Status Information: Status of international living marine resources
Identification of Nations: List of nations whose vessels have been identified as engaging in IUU fishing or bycatch of protected living marine resources
U.S. Commerce Secretary must consider in the report:
Whether an international organization regulates the IUU fishing activity in question or bycatch
Actions by an international organization to address IUU fishing or bycatch
Whether identified nations are party to or maintain cooperating status with the relevant organization
U.S. Commerce Secretary also is directed to consider:
Whether identified nations have adopted a program to end or reduce bycatch that is comparable to U.S. program

## Identification of Nations 

- After identification, U.S. government will:
*Notify* nations of their identification and the Act’s requirements to address IUU fishing and bycatch
- Initiate *consultations* with those nations
*Notify* relevant international organizations of U.S. actions to address IUU fishing
- Seek *international agreements* to reduce bycatch

## Certification Procedures

- U.S. Commerce Secretary must *certify* whether corrective action has been taken
- Nations must be notified and provided an opportunity to comment
- Identified nations will receive either  “positive” or “negative” certification

**Notes:**
Certification procedures
Secretary must certify if nations are taking appropriate actions to address IUU fishing and bycatch of protected LMRs
Nations could be subject to sanctions under the High Seas Driftnet Fisheries Enforcement Act
To grant a nation a positive certification, U.S. Commerce Secretary must determine if:
For IUU fishing: Nation has taken corrective action or the relevant international organization has implemented effective measures to address IUU fishing 
For bycatch: Nation has adopted regulations comparable to the U.S. to address bycatch and established a management plan to collect data
If determined a negative certification:
Deny entry of fishing vessels to U.S. ports 
With exceptions, prohibit importations of certain fish or fish products from that country

## International Cooperation and Assistance

- Support efforts to build capacity in other countries for fisheries management and enforcement
- U.S. has supported workshops on:
- Methods to prevent and mitigate incidental take of marine turtles, mammals, seabirds, and other resources
- Marine mammal stranding response
- Enforcement and preventing IUU fishing

## Summary of the MSRA

## Domestic Provisions

- End and prevent overfishing
- Additional fisheries management tools
- Enhanced role for science in management

**Notes:**
Strengthens requirements to end and prevent overfishing
Expands the types of fisheries management tools that may be used
Provides a larger, stronger role for science in the management process

## International Provisions

- Opportunities and challenges to improve fisheries management globally
- Multilateral process to address IUU fishing and bycatch
- Requires our commitment to strengthen international fishery organizations and capacity building

**Notes:**
Provides opportunities and challenges for the United States to improve fisheries management globally
Envisions multilateral process to address IUU fishing and bycatch 
Implementation requires a commitment to strengthening international organizations and capacity building efforts

## Stay Informed:www.nmfs.noaa.gov/msa2007/