Evaluating the Effectiveness of Fish Stock Rebuilding Plans in the United States (2014) / Chapter Skim
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2 U.S. Fisheries Management and the Law
2 U.S. Fisheries Management and the Law
Pages 15-28
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From page 15... ...
. States claimed exclusive fishery management authority over 4 Pub.
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From page 16... ...
The law was amended in 1990 to RFMCs are responsible for preparing Fishery Management make the EEZ applicable to highly migratory species subject to international Plans (FMPs) for achieving Optimum Yield and for satisfying treaties ratified by Congress (Fishery Conservation Amendments of 1990, the National Standards.18 The federal government reviews the Pub.
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From page 17... ...
• Required Fishery Management Plans (FMPs) in accordance with National Standards • Established co-management between eight Regional Fishery Management Councils and the federal government • Made provisions for foreign fishing to continue off the United States until fisheries were Americanized Rebuilding 1996-2006 • Changed definition of OY to deem F≥FMSY to be overfishing • Required overfished stocks to be rebuilt • Limited the rebuilding time to 10 years with exceptions Accountability 2007-present • Called for overfishing to end immediately • Required annual catch limits (ACLs)
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From page 18... ...
. Species Division of the National Marine Fisheries Service is The FCMA effectively reduced foreign fishing within responsible for managing Atlantic highly migratory species the U.S.
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definitions of overfishing and the most important aspects of the 1996 amendments were highlighted the need to avoid "recruitment overfishing," as follows: which is generally understood to mean avoiding reductions in spawning stock size that jeopardize future recruitment.24 The • A change in the definition of optimum yield from MSY concept focuses on fishing activities and stock responses to as "modified" by ecological, economic, and social factors be avoided, not on targets or objectives such as MSY and/or to as "reduced" by these factors,27 OY. However, the 602 guidelines lacked a precise scientific • The requirement to rebuild overfished fisheries,28 and or legal definition, which meant the occurrence of recruit- • The requirement to identify and attempt to conserve ment overfishing was usually debatable.
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From page 20... ...
In these limited stocks of fish; or (B) to prevent overfishing from occurring in cases, the allowable rebuilding time was the time necessary the fishery whenever such fishery is identified as approaching to rebuild with a 50% probability, given zero fishing mortalan overfished condition."32 Furthermore, ity plus the mean generation time of the species.36 The NS1G also called for FMPs to specify an "MSY For a fishery that is overfished, any fishery management plan, amendment, or proposed regulations prepared .
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From page 21... ...
, implement- rebuilding plans, even though there is no means for doing ing regulations, or annual specifications, at a level such that so and the word "uncertainty" is absent from the MSFCMA. overfishing does not occur in the fishery, including measures The revised NS1G also modifies the default biomass level to ensure accountability."44 associated with an overfished stock, stating that it should be In response to the 2006 amendment, the federal govern- the greater of either ½ BMSY or the minimum stock size at ment issued new guidelines for the NS1G in 2009.45 These which rebuilding can occur within 10 years with no fishing guidelines interpret the annual catch limit language in the Act mortality.
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From page 22... ...
The Accept- If catch exceeds the ACL for a given stock or stock complex able Biological Catch (ABC) is a reduced catch to account more than once in the last four years, the system of ACLs and for scientific uncertainty in OFL.
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TTARGET, rebuilding measures should be revised, if necessary, On May 3, 2012, the National Marine Fisheries Service such that the stock or stock complex will be rebuilt by TMAX. announced it would consider revising the NS1G, and it solic If the stock or stock complex has not rebuilt by TMAX, then ited comments to be submitted by October 12, 2012, which the fishing mortality rate should be maintained at Frebuild or have since been summarized.54 75 percent of the MFMT, whichever is less.51 TTARGET is the rebuilding time used in a rebuilding plan, and International Provisions of the MSFCMA TMAX is the maximum rebuilding time allowed.
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From page 24... ...
.55 3, which defines terms, says overfishing and over • Requirements for reporting to Congress on the fished mean a rate or level of fishing mortality that performance of international fisheries management jeopardizes the capacity of a fishery to produce the include details on the efforts to eliminate illegal, maximum sustainable yield on a continuing basis.59 unreported, and unregulated fishing (IUU) .56 The Act is silent on the stock size that qualifies as • The United States will promote the provisions of the being overfished and in need of rebuilding.
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From page 25... ...
. overfished stocks.61 Although the MSFCMA uses the terms The NS1G acknowledge the mixed-stock problem by overfished and overfishing interchangeably, the NS1G indi- providing an exception (referred to as the "mixed-stock cate that overfishing occurs when fishing mortality exceeds exception")
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From page 26... ...
a higher allowable fishing mortality rate. This occurs when The longer the mean generation time, the longer it the more pessimistic assessment means a stock can no longer will take to rebuild, all other factors being equal.
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From page 27... ...
In the case of generation time for the stock exceeds 10 years, then the rebuilding plans, the catch must be reduced below OFL to maximum time allowable for rebuilding a stock to its rebuild the stock within the rebuilding period with an accept Btarget is the minimum time for rebuilding that stock, plus able probability.
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From page 28... ...
since 1977 when the United States extended its jurisdiction to 200 miles. The evolution has been in the direction of being 2.2: National 1 Standard Guidelines operationalize the more prescriptive and precautionary in efforts to prevent MSFCMA with respect to overfishing and other aspects of overfishing and rebuild overfished fisheries.
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