MFCN Winter 2007
MFCN Winter 2007
MFCN Winter 2007
12, Issue 1
Network News
March 2007
In this Issue...
President Signs Magnuson-Stevens Act
Letter from the
Executive Director 2
Federal Government
Receives B+ on
Fisheries 3
New Developments
at the Network 4-5
New Network
Member 5
Pacific Update 6
Gulf of Mexico
Update 6
White House photo by Paul Morse
Mid-Atlantic President George W. Bush prepares to sign H.R. 5946, the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, Friday, Jan. 12, 2007 in the Oval Office at the White House. President Bush is joined
Update 7 by, from left, Sen. Ted Stevens of Alaska, Sen. Olympia Snow of Maine, Rep. Nick Rahall of West Virginia., Rep. Jim
Saxton of New Jersey, Rep. Frank Pallone of New Jersey, Rep. Don Young of Alaska, U.S. Commerce Secretary Carlos
Gutierrez, and Rep. Wayne Gilchrest of Maryland.
South Atlantic
Update 7 In early December 2006, the last hours of the 109th provide regional fishery management councils
Congress saw the passage of the Magnuson- with scientific recommendations for setting
Calendar 8 Stevens Fishery Conservation and Management fishing levels and for the councils to follow the
Reauthorization Act of 2006. The President recommendations. The law also established a
signed the bill into law on January 12th, finalizing Fishery Management and Conservation Trust
~~~~~~ reauthorization of the MSA, which increases
protections for fishermen, ocean wildlife, and
Fund to provide financial assistance to fishermen
and improve fishery data.
marine environments around the country.
The Marine Fish While the reauthorization makes important
Conservation Network The Network would like to thank Congress, improvements to current fisheries law, it falls
(Network) is a coalition of
particularly Senators Stevens and Inouye, short of including some of the key
more than 190 environmental
organizations, commercial Representatives Rahall, Allen, and Farr, and their recommendations from the U.S. Commission on
and recreational fishing staff for all of their hard work on the legislation. Ocean Policy. For example, there are no specific
associations, and marine The Network also thanks President Bush for his measures to broaden council representation to
science groups that advocates strong stance against overfishing throughout the include more members of the public.
national policies to achieve process.
healthy oceans and The true test of the law’s value lies with its
productive fisheries. Please One of the most important improvements in the implementation. Congress has made important
visit: law is the provision that requires an end to strides toward responsible management on
www.conservefish.org
overfishing on depleted fish populations within paper; now, the National Marine Fisheries Service
two years. Another significant provision (NMFS) needs to take action to effectively
requires Science and Statistical Committees to implement those improvements. NMFS should
(continued on page 2)
MARINE FISH CONSERVATION NETWORK
First and foremost, the final bill did not contain any of the provisions advocated by former Representative Richard Pombo to exempt
Magnuson-Stevens Act actions from coverage under NEPA or the rebuilding requirements of the Magnuson-Stevens Act. Add to that
new requirements to establish annual science-based catch limits that prevent overfishing and new requirements to end overfishing on
depleted fish populations within two years, and the bill solidly advances conservation. Finally, the bill contains a detailed set of standards
for limited access privilege programs (LAPPs) to help enhance conservation and protect fishermen and fishing communities. These
protections are necessary because poorly designed LAPPs, like the recently established Bering Sea and Aleutian Island crab fishery, can
devastate fishing communities. In that crab fishery more than 1000 people lost their jobs, and bycatch actually increased. Thanks to the
hard work of Representative Allen and Rahall, Congress created protections to help ensure that these problems are not replicated in other
fisheries.
But passing a law is only half the battle. NMFS must now implement it. Preliminary indications regarding the NEPA and catch limit
requirements are very encouraging. The news for LAPPs is not as good. Even though the bill contains 22 pages of language describing
how LAPPs should be established and conducted, amazingly NMFS has no plans to write regulations. Instead, NMFS plans to release a
report describing implementation options. Given the amount of effort that Congress put into the LAPP standards, it’s clear that Congress
intended for these standards to be put into practice. We will be working closely with Congress to encourage NMFS to develop LAPP
regulations.
So, while we’ve finished one chapter of the Magnuson book, another is just beginning. Let’s hope that this chapter also has a happy
ending.
Lee R. Crockett
take this bill as a clear message from Congress and from President The National Oceanic and Atmospheric Administration announced
Bush that our oceans and the people who depend on them require on February 8 that the agency requested a total budget of $3.8
better management of our ocean fisheries. billion, which is an increase of 3.4 percent from the Administration’s
2007 request. Despite the additional funds, Admiral James D.
The Magnuson-Stevens Act can only be as strong as the support it Watkins, co-chair of the JOCI, stated that, “I don’t think anybody
is given. One of the weakest links in that support is funding. The should be misled that that’s enough to solve our problem.” Of
Joint Ocean Commission Initiative (JOCI) issued a report card which NOAA’s total budget, $17.1 million is dedicated to implementation
gave the federal government an F for new funding for ocean policy of the revised Magnuson-Stevens Act.
MARINE
and programs. The sobering report card explains how “chronic FISH CONSERVATION NETWORK
underinvestment has left much of our ocean-related infrastructure A portion of this funding should be used for improving scientific
in woefully poor condition, management programs struggling to data used in fishery management decisions. Some fishermen
meet the information demands of decision makers, [and] ocean currently object to following scientific recommendations because
scientists competing for a smaller percentage of the federal research they believe these recommendations are based on old or less than
budget.” (For more information on the JOCI report card, see article, comprehensive data. Increased funding will give Science and
page 3). (continued on page 3)
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MARINE FISH CONSERVATION NETWORK
Statistical Committees updated data to make informed and We encourage NMFS to create regulations that clearly require
responsible decisions about the various ecosystems and fish regional councils to follow the spirit of the law and maintain
populations for which they are responsible. sustainable fisheries. The Network plans to participate in listening
sessions and public hearings, and we will also encourage Congress
The Network plans to take advantage of the various opportunities to hold oversight hearings if federal fishery managers do not fully
in the NMFS implementation process to provide recommendations implement the law in a timely manner.
about the new fishery regulations. Specifically, the Network will
work with NMFS as it develops regulations for National Standard 1 The President’s signing of this important law was an occasion for
of the Magnuson-Stevens Act, which mandates against celebration, but federal fishery managers have much work left to do.
overfishing, and for complying with the National Environmental The Network looks forward to working with NMFS and the regional
Policy Act. The Network will also be pushing for regulations for councils to successfully implement the revised Magnuson-Stevens
limited access privilege programs (LAPPs). The failure to set strong Act in order to move our ocean fisheries toward a healthier and
regulations for LAPPs would allow councils to implement programs more sustainable future.
that could ultimately hurt fishermen and the fish populations on
which they rely.
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MARINE FISH CONSERVATION NETWORK
Jay Nelson, Pew Charitable Trusts (President of the Network Gerald Leape, National Environmental Trust (Co-Chair of the
Board of Directors) – Jay Nelson is employed with the Pew Network) – In addition to Co-Chairing the Network, Gerry serves as
Charitable Trusts as director of the Ocean Legacy Project, an effort Chairman of the Board of Directors for the Antarctic and Southern
to protect large ocean ecosystems. He was previously Oceana’s Ocean Coalition. He is vice president of the Marine Conservation
Vice President for North American Oceans and prior to that was a program at the National Environmental Trust (NET) and prior to
program officer with the Pew Charitable Trusts responsible for their that, he was primary spokesperson for whale and fisheries issues at
marine conservation portfolio. Jay was also working on contract to Greenpeace U.S.A. Gerry has been involved in politics, fundraising,
the Regional Marine Conservation Project to achieve permanent and advocacy for twenty-three years.
and full protection of the Northwest Hawaiian Islands, which were
recently designated as a national monument. This designation is a Peter Huhtala, Pacific Marine Conservation Council (Co-Chair of
historic conservation success and a point of pride for the Bush the Network) – A native of Astoria, Oregon, Peter Huhtala is Senior
Administration and the many, including Jay, who helped make it Policy Director for Pacific Marine Conservation Council (PMCC), a
possible. West Coast non-profit organization that advocates for sustainable
fisheries and a healthy marine environment. Peter coordinates
Michelle Pilliod, Pilliod Meeting Planning – Michelle has owned PMCC’s directed work with state and federal managers, legislators,
and operated her full-service, strategic planning and incentives and allied groups. He is an active member of the board of advisors
company, Pilliod Meeting Planning, for the past fourteen years. She for Columbia Riverkeeper, where he previously served as president.
provides custom, professional meeting designs for an impressively Peter has strong ties to the West Coast fishing community and is
diverse clientele. She was honored in 2000 as the Marriot well-known for his voracious advocacy on behalf of estuary and
Corporation’s Meeting Planner of the Year and was the company marine environments. He somehow finds time to write songs,
keynote speaker the annual Marriott TQM meeting in Cancun, perform, and record.
Mexico. She has published articles in meeting and planning trade
magazines, and she regularly coaches seminars at companies with
in-house conference planning departments on how to plan and
execute effective and budget-friendly meetings and incentive
programs.
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MARINE FISH CONSERVATION NETWORK
New Initiatives
MSA Implementation
After the passage of the 1996 Sustainable Fisheries Act, the Network disbanded, believing its work was done. Less than two years later,
the Network was re-established when its founders realized that effective implementation of the law was a conspicuous problem and
challenge. We have learned our lesson, and with this year’s reauthorization of the Magnuson-Stevens Act, we will continue to work with
federal fishery managers to ensure that they properly and rigorously implement the law. We call on the National Marine Fisheries Service
to enact strong regulations to protect our fish stocks. We are also calling on the Congress to dedicate more funding to our oceans so that
the financial resources are in place to make certain that the spirit of the Magnuson-Stevens Act is realized.
Oregon Ocean
5151 NW Cornell Road
Portland, OR 97210
[email protected]
www.oregonocean.org
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MARINE FISH CONSERVATION NETWORK
Pacific Update
showing that bigeye and albacore tuna are experiencing
Overfishing on yellowfin tuna overfishing.
The Pacific Council manages five
tuna species. Only one, north Pacific Council moves toward ecosystem-based management?
albacore, has significant (greater The council directed its habitat committee and a sub-committee of
than 10 percent of Pacific-wide total) its scientific and statistical committee to undertake a literature
catches in the council’s jurisdiction. review of ecosystem-based fishery management efforts. The
In December 2004, NMFS notified committees completed the task and requested permission from the
the council that bigeye tuna was council to meet again to make recommendations to the council on
experiencing overfishing, triggering a the utility of pursuing an umbrella fishery ecosystem plan that
one-year timeframe for the council to would support existing fishery management plans. The council
end overfishing on the stock. approved the request. In its final newsletter of 2006, the council
Photo: NOAA Nevertheless, the council took two declared its intention to develop a fishery ecosystem plan that
years to take action to end would not change any of the single species fishery management
overfishing. Unfortunately, the council has another opportunity to plans in place, but act as an umbrella to inform those single-species
meet the one-year requirement to end overfishing on a tuna plans.
species; NMFS notified the council in October 2006 that yellowfin
tuna is experiencing overfishing. Previously, the council and NMFS Council rejects proposals to reduce bycatch in groundfish fishery
claimed that they did not know whether yellowfin tuna was The council rejected a proposal to allow groundfish trawl permit
experiencing overfishing because they did not have reference holders to switch from high-bycatch trawl gear to low-bycatch fixed
points to make such a determination. gear (hook and line gear). The decision amplifies the council’s
earlier decision to approve a bycatch reduction plan that does
Council pushes forward on plans for increasing fishing on nothing to reduce bycatch immediately and presupposes success
populations experiencing overfishing based on development of an IFQ program. The Magnuson-Stevens
In November 2006, the council voted to proceed with required Act requires councils to minimize bycatch to the extent practicable.
analyses necessary to allow a new pelagic longline fishery for Despite multiple past and present practical proposals to minimize
swordfish, bigeye tuna, bluefin tuna, and albacore tuna despite the bycatch, the council insists on forcing fishermen to continue to use
likelihood of catching endangered sea turtles and despite evidence this highest-bycatch gear on its most valuable fishery.
Gulf of Mexico Update scenario from 10.2 million pounds to 17.2 million pounds when the
Red snapper red snapper population is fully rebuilt in 2032.
The existing rebuilding plan for red
snapper calls for ending overfishing Neither of these scenarios is promising in the short-term for
between 2009 and 2010. In order to fishermen, but short-term thinking is exactly what put the Gulf
meet this goal, NMFS is projecting Council in the current situation. Remember, when the Gulf Council
much lower annual quotas for red developed the existing rebuilding plan for red snapper, it did not set
snapper for the next three years in the annual quota in line with scientific recommendations. Instead,
order to meet the Gulf Council’s the Gulf Council set the annual quota 50 percent higher than
rebuilding goal of 2032. recommended in the hopes that shrimp trawl bycatch would go
down due to the economic hardships on that fishery. As one Gulf
NMFS proposed two scenarios. Council member said during the January meeting, “you pay now or
Photo: NOAA One scenario reduces the amount of you pay later.” This is clearly the case.
red snapper killed in shrimp trawls
by 50 percent compared to the amount killed between 2001 and Limited access privilege programs
2003. Under this scenario, the annual quota between 2008 and 2010 On January 1, 2007, commercial fishermen in the Gulf of Mexico got
should be set no higher than 2.8 to 3.3 million pounds. For their first taste of a new management scheme known as a limited
comparison, in 2006 the annual quota for recreational and access privilege program (LAPP), or specifically, an individual
commercial fishermen was 9.12 million pounds. In 2032, when the fishing quota (IFQ) program, which is the most common type of
stock is rebuilt, fishermen will be able to catch 10.2 million pounds LAPP. LAPPs allocate a set percentage of the total annual quota
annually. for a population of fish exclusively to individuals or businesses as
quota shares. The LAPP designed by the Gulf Council and
The second scenario is tougher on shrimpers and realizes higher approved by NMFS will give fishermen exclusive privileges to catch
catches for recreational and commercial fishermen in the short-term and sell a percentage of the red snapper total allowable catch.
and the long-term. By reducing the amount of red snapper killed in
shrimp trawls by 74 percent, the annual quota for red snapper In addition, the Gulf Council has asked the commercial grouper fleet
fishermen can be set no higher than 4.5 to 5.3 million pounds for to come up with recommendations for creating a grouper LAPP by
2008 through 2010. In the long-term, annual catches improve in this the March council meeting.
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MARINE FISH CONSERVATION NETWORK
South Atlantic Update rebuilding snowy grouper, black sea bass, and red porgy, all of
Limited access privilege programs which are overfished. Adding bycatch mortality will allow more
The South Atlantic Fishery accurate estimates of fishing mortality, which will increase the
Management Council is considering probability of rebuilding. However, the council also approved a
Photo by NOAA
the development of a limited access provision that would allow for up to 20 percent of the allowed catch
privilege program (LAPP) in the to be carried over into the next year if it is not caught in the first
commercial snapper grouper fishery year. Allowing these “underages” can damage already depleted
as a way to reduce capacity and populations that need enough undisturbed individuals to
address chronic overfishing. In reproduce. An underage may also indicate that fish population is
January 2007, the Controlled Access more diminished than originally thought. The council is scheduled
Committee met to discuss preliminary to approve the amendment containing these rebuilding plans at its
steps, as well as potential goals, June 2007 meeting, followed by a suite of public hearings.
Photo: NOAA challenges, and benefits of such a
program. The committee made Mackerel
nominations for membership of a Controlled Access Steering In a preventative step to protect king and Spanish mackerel from
Committee, which under current design would be a workgroup overfishing, the council approved a new amendment to the Coastal
consisting of various and wide-ranging fishing interests from all Migratory Pelagics Fishery Management Plan that reduces the
four states in the South Atlantic, as well as one environmental quota or total allowable catch (TAC) for both species. This
representative, most likely from Environmental Defense. The amendment will go through public hearings in early 2007.
workgroup would also potentially include non-voting members, one
from the recreational fishing sector, and one to two from the NMFS Gag grouper
and from Sea Grant. The council determined that the recent SEDAR (Southeast Data,
Assessment, and Review) stock assessment, which found gag
Rebuilding plans grouper to be in critical danger of becoming overfished, has
The council took the advice of the Science and Statistical significant errors and must be redone. The new assessment should
Committee and added in estimates of bycatch mortality (the be available in February, with review and possible action taken in
incidental catching and killing of marine life while targeting other June of 2007.
species) to the calculations of fishing levels necessary for
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MARINE FISH CONSERVATION NETWORK
“...To Achieve Healthy Oceans and Productive Fisheries.”
Calendar of Events
FEBRUARY March 20-21 April 10-12 June 4-12
February 20-22 Caribbean Fishery Management New England Fishery Management North Pacific Fishery Management
Ad Hoc Groundfish Trawl Council Meeting Council Meeting Council Meeting
Individual Quota Committee Ponce, Puerto Rico Mystic, Connecticut Sitka, Alaska
Meeting http://www.caribbeanfmc.com/ http://www.nefmc.org/ http://www.fakr.noaa.gov/
Portland, Oregon
http://www.council.org/ March 26-30 April 17-19 June 10-15
Gulf of Mexico Fishery Mid-Atlantic Fishery Management Pacific Fishery Management
MARCH Management Council Meeting Council Meeting Council Meeting
March 4-9 Destin, Florida Ocean City, Maryland Foster City, California
Pacific Fishery Management http://www.gulfcouncil.org/ http://www.mafmc.org/ http://www.pcouncil.org/
Council Meeting
Sacramento, California March 26-30 JUNE June 11-15
http://www.pcouncil.org/ North Pacific Fishery June 2-9 South Atlantic Fishery
Management Council Meeting National Fishing and Boating Week Management Council Meeting
March 5-9 Anchorage, Alaska Key West, Florida
South Atlantic Fishery Management http://www.fakr.noaa.gov/ June 4-8 http://safmc.net/
Council Meeting Gulf of Mexico Fishery
Jekyll Island, Georgia APRIL Management Council Meeting June 18-21
http://www.safmc.net/ April 1-6 New Orleans, Louisiana Western Pacific Fisheries
Pacific Fishery Management http://www.gulfcouncil.org/ Management Council Meeting
March 13-16 Council Meeting TBA
Western Pacific Fishery Seattle, Washington http://www.wpcouncil.org/
Management Council Meeting http://www.pcouncil.org/
Honolulu, Hawaii
http://www. wpcouncil.org/
Fax: 202-543-5774
Phone: 202-543-5509
www.conservefish.org
Washington, DC 20003
600 Pennsylvania Avenue, SE, Suite 210
Marine Fish Conservation Network