Background
History
Source:http://http://www.mainemaritimemuseum
.org/uploads/slideshow_images/fisheries_kids_gi
f.jpg
Source: http://www.pbs.org
Purpose
Provisions
Case Study
Effectiveness
Resources
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?v=0
Source: http://deadliestreports.wordpress.com/2007/08/18/the-fv-aleutianballad-bids-farewell-to-commerical-fishing/
Background
History
Purpose
Provisions
Case Study
Table of Contents
I. Background
II. History
I.
II.
III.
IV.
V.
VI.
VII.
What was the main reason Congress enacted the
MSA?
Prior to MSA
MSA
Sustainable Fisheries Act Amendment
MSA & Sustainable Fisheries Act Controversy
Controversial Issues
Subsequent Enactments
III. Purpose
I.
II.
III.
Why did Congress enact the MSA?
Conservation
How will the Act achieve these goals?
IV. Provisions
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
National Fishery Program
The Powers of the Secretary
State Jurisdiction
Prohibited Acts
Civil Penalties and Permit Sanctions
Criminal Offenses
Civil Forfeitures
Fisheries Research
V. Case Study
VI. Effectiveness
VII. Resources & Glossary
Effectiveness
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Background
In a sentence, what is the MSA?
AN ACT
To provide for the conservation and management of the
fisheries, and for other purposes.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Background
Trivia
Who were Magnuson & Stevens?
Washington Sen. Warren
Magnuson, Democrat,
serving from 1944 until 1981
Alaska Sen. Ted Stevens,
the longest-serving Republican
in the Senate
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Background
What factors prompted the creation of the MSA?
 Congress made findings that:
 fish off the U.S. coasts, highly migratory
species of the high seas, U.S. Continental
Shelf species and anadromous species that
spawn in U.S. rivers are valuable and
renewable natural resources
 the survival of some of these fish is
threatened by increased fishing pressure and
loss of essential fish habitat
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Background
What factors prompted the creation of the MSA?
 In Summary:
 The valuable fish populations off the coasts
were in danger of extinction.
Resources
Background
History
Purpose
Provisions
Case Study
History
History of the Act
Source: http://www.claybennett.com/images/archivetoons/procrastination.jpg
Effectiveness
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
History
What was the main reason Congress enacted the MSA?
The increasing foreign use of waters off the coast
of the United States.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
History
What was the basis of Congress’ decision?
 That the fish off the coasts of the United States, and the
anadromous species which spawn in United States rivers or
estuaries, constitute valuable and renewable natural
resources. These fishery resources contribute to the food
supply, economy, and health of the Nation and provide
recreational opportunities.
 That “certain stocks of fish have declined to the point where
their survival is threatened,” and other stocks of fish have
been so substantially reduced in number that they could
become similarly threatened.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
History
What was the basis of Congress’ decision?
These harmful effects were caused by:
 Increased fishing pressure
 Inadequacy of fishery resource conservation and
management practices and controls
 Direct and indirect habitat losses which have resulted in a
diminished capacity to support existing fishing levels.
Source: http://www.allamericanpatriots.com/files/images/seattle-fish-market.jpg
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
History
Prior to MSA
 In 1945, President Truman issued a
proclamation claiming U.S. jurisdiction
over U.S. continental shelf resources
adjacent to the U.S. coast. This has
generally been viewed as the advent of
coastal nations extending territorial
seas and declaring fishery and
economic zones.
 Shortly thereafter several Latin
American nations proclaimed marine
jurisdictions extending 200 miles off
their Pacific coasts.
Image Source: http://www.sos.mo.gov/archives/exhibits/TrumanProject/close.asp
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
History
Prior to MSA
 In the1960s increasing numbers of foreign fishing vessels were
catching the substantially unexploited living marine resources. The
United States then claimed only a 3-mile jurisdiction on fishing.
 U.S. fishermen disliked this "foreign encroachment" and alleged
that overfishing was causing stress on, or outright depletion of, fish
stocks.
 So we put the Act into effect on April 13, 1976. Under the MSA, on
March 1, 1977, marine fishery resources beyond state jurisdiction
but within 200 miles of all U.S. coasts came under federal
jurisdiction. (Soon to become the exclusive economic zone)
 A new regional management system began allocating fishing
privileges with priority given to domestic enterprise.
Background
History
Purpose
Provisions
Case Study
Effectiveness
History
The MSA
 The MSA created Eight Regional Fishery Management
Councils and their associated Advisory Committees.
 These councils prepare Fishery Management Plans
(FMPs) for those fisheries that they determine require
management.
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
History
Sustainable Fisheries Act Amendment
•
In 1996 the Sustainable Fisheries Act amended the MSA with new
requirements to:
• (1) conserve fish stocks and restore overfished populations,
• (2) assure that membership on regional councils is fair and
balanced,
• (3) impose a moratorium on creating new individual fishing quota
programs,
• (4) increase emphasis on social benefits that might better preserve
traditional small-scale fishermen, and
• (5) strengthen provisions to minimize
bycatch (incidental catch) and
restore and protect habitat.
Source:http://www.cmar.csiro.au/news/media/archive/03releases/28jul03.htm
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
History
Sustainable Fisheries Act Amendment
Main Goal:
•
The key purpose of the Amendment was to change the focus of the
MSA from merely protecting fishery stocks to beginning to repair the
damage that had been done to them.
Source:http://www.cmar.csiro.au/news/media/archive/03releases/28jul03.htm
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
History
MSA & Sustainable Fisheries Act Controversy
 Many environmental groups and some Members of Congress
are particularly concerned with the progress of the regional
councils in implementing SFA requirements. Often critical that
the councils have failed to comply with the law, rather than fully
embracing the new goals and objectives.
 Some commercial fishermen contend that the standards
established by NMFS guidelines are unrealistic, given the
dearth of scientific information. They contend that this has
resulted in assumption-based and model-based goals that
are at odds with implementing meaningful protection.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
History
MSA & Sustainable Fisheries Act Controversy
 Both groups desire long term protection of the fishery stocks, but
some feel that every possible action should be taken to protect
the stocks, while others believe the economic harm from acting
in absence of confirmed scientific data is too much to risk.
Fishery resources account for a massive amount of money. In
2008, sports fishermen alone spent over $45 billion on
equipment, transportation, and lodging for their hobby.
Source: http://www.mt-gatervpark.com/NorthernCaliforniaFishing.aspx
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
History
Controversial Issues
Some of the more controversial issues associated with the MSA:
 whether to further specify the approaches to address bycatch and
bycatch mortality;
 how to define, manage, and protect unique habitats;
 whether to legislate the designation of marine protected areas;
 how to assure that necessary data are collected;
 how to manage marine ecosystems;
 how to assure that regional council decisions are fair and balanced;
 how to implement and finance fishing capacity reduction programs;
 whether to establish national standards for individual fishing quota
management programs; and
 whether to authorize user fees and other charges that could be used
for conservation, management, and enforcement.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
History
Subsequent Enactments
The MSA has been amended and modified a number of times
to address specific concerns. Examples include:
 Establishing protocols for fishermen's and fish processor's
cooperatives in the Bering Sea and Aleutian Islands walleye
Pollock fishery
 Creating a moratorium on specific fishing actions until regional
action is taken
 Altering provisions relating to the applicability of U.S. ownership
standards to banks holding commercial fishing vessel mortgages
 Creating a West Coast Groundfish Fishing Capacity Reduction
Program
 Requiring the Coast Guard and NOAA to improve consultations
with each other and with state and local authorities in
coordinating fishery law enforcement
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Purpose
What are the main problems the Act must overcome?
Source: http://www.cybersalt.org/cl_images/1zzzzxa/c/constructionsink.jpg
Background
History
Purpose
Provisions
Case Study
Effectiveness
Purpose
Why did Congress enact the MSA?
Congress found that:
 Fishery resources are finite but renewable. If placed
under sound management before overfishing has
caused irreversible effects, the fisheries can be
conserved and maintained so as to provide optimum
yields on a continuing basis.
 A necessary step to accomplish this was the
establishment of a national program for the
conservation and management.
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Purpose
Why did Congress enact the MSA?
In summary:
 The purpose of the MSA was to manage fisheries in
such a way that they became renewable and
sustainable, so they would become a perpetual
resource, much like replanting after deforesting.
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Purpose
Why did Congress enact the MSA?
 Congress also wanted to create the basis for a national
program for the development of fisheries which are
underutilized or not utilized by the United States fishing
industry.
Source: http://i207.photobucket.com/albums/bb125/Cheeriotown/school.jpg
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Purpose
Why did Congress enact the MSA?
As a part of this Act, Congress noted that:
• The collection of reliable data was essential to the effective
conservation, management, and scientific understanding of
the fishery resources of the United States.
• That one of the greatest long-term threats to the viability of
commercial and recreational fisheries is the continuing loss
of marine, estuarine, and other aquatic habitats. Habitat
considerations were therefore given increased attention for
the conservation and management of fishery resources of
the United States.
Background
History
Purpose
Purpose
Provisions
Case Study
Effectiveness
Resources
Conservation Issues
 HABITAT DEGRADATION: Most fish and shellfish require high-quality
habitat in which to live and reproduce. Habitat quality depends upon
physical conditions. Including temperature and sediments. It also
depends on chemical and biological factors. Human activities along
coastal areas, in upstream drainages, and from offshore activities can,
and has, degraded oceanic habitat. Many methods of fishing, such as
bottom trawling, have the potential to damage habitat. (For more
information, see CRS Report 93-679 ENR, Marine Ecosystem
Management.)
Source:http://travel.mongabay.com/pix/peru/aerialhttp:
//photos.mongabay.com/06/1124Trawling_Drawing.jpg
Source:http://travel.mongabay.com/pix/per
u/aerial-rainforest-F light_1022_1555.html
Source:http://plantandsoil.unl.edu/croptechnology2005/Use
rFiles/Image/siteImages/Gulfhypoxia-LG.jpg
Background
History
Purpose
Purpose
Provisions
Case Study
Effectiveness
Resources
Conservation Issues
 OVERFISHING: Although fish and shellfish are renewable resources,
each population's productivity is limited, and at some point excessive
catches can depress a population's ability to sustain its historic
productivity. Abundant fish and shellfish populations entice fishers with
the promise of large and lucrative landings. As increasing numbers of
fishers seek to catch any particular population, managers find it
increasingly difficult to keep fishing efforts in balance with a fishery's
ability to sustain its production. If fishing efforts are not controlled,
overfishing often results. If overfishing continues for years, a
population's reproductive capacity may be diminished, or destroyed.
Overfishing also alters the natural balance among species in an
ecosystem, sometimes leading to a dramatic shift in species dominance
to yield more abundant lower-valued species.
Source: http://jasminembla.googlepages.com/real.htm
Background
History
Purpose
Purpose
Provisions
Case Study
Effectiveness
Resources
Conservation Issues
 BYCATCH: In the process of catching marketable seafood, nontargeted organisms are also captured; this incidental catch is
often termed bycatch. Bycatch varies widely with different fishing
techniques and different target species, and in some fisheries
can be as much as ten times the volume of the targeted species
taken. Bycatch may include juveniles of the targeted population
as well as a variety of non-targeted organisms. Many of these
organisms taken incidentally are killed.
Source: http://www.greenpeace.org.uk/files/images/frontpage/oceans/sustainable_seafood/bycatch_2.jpg
Background
History
Purpose
Purpose
Provisions
Case Study
Effectiveness
Resources
Conservation Issues
 FUNDING: Fishery managers find themselves responsible for
increasing work related to more species to manage, habitat
protection measures, increased friction among fishers using
different gear or between sport and commercial fishers,
socioeconomic analysis, and many other tasks. At the same
time, availability of increased funding is problematic due to
deficit and budgetary concerns. The increasing complexity of
marine resource and ecosystem management taxes the ability of
managers to craft equitable approaches, within the bounds of
financial constraints.
Source: http://images.businessweek.com/ss/06/07/money/image/penny.jpg
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Purpose
How will the Act achieve these goals?
 By promoting commercial and recreational fishing under
sound conservation and management principles
 Providing fishery management plans which will achieve and
maintain, on a continuing basis, optimum yields
 Establishing Regional Fishery Management Councils to
prepare, monitor, and revise
the plans
 And to promote the
protection of essential
fish habitat
Source: http://www.cartoonstock.com/directory/s/shark_bite.asp
Background
History
Purpose
Provisions
Provisions
National Fishery Program
Provisions & Administration
How does it work?
http://www.cartoonstock.com/directory/c/complicated.asp
Case Study
Effectiveness
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Provisions
National Fishery Program - Administration
 The Act created eight Regional Fishery Management
Councils to manage the Exclusive Economic Zone.
 The Councils prepare fishery management plans (FMPs)
for those fisheries that they determine require active
federal management. After public hearings, revised FMPs
are submitted to the Secretary of Commerce for approval.
 NMFS and the Coast Guard share responsibility for
federal fishery enforcement under the MSA, with
assistance from states through cooperative agreements.
 Enforcement of fishery regulations is poor in most areas
and, with the current lack of resources, is one of the major
impediments to improved fishery management.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Provisions
National Fishery Program - Administration
What does it manage?
The term "exclusive economic zone" is a zone 200 miles from the
coasts. However, the inner boundary of that zone is a line
coterminous with the seaward boundary of each of the coastal States.
Image Source:http://coastalmap.marine.usgs.gov/regional/contusa/
Background
History
Purpose
Provisions
Case Study
Effectiveness
Provisions
National Fishery Program - Administration
Structure under the Act
The Act
The Secretary
Council
Committees
Management Plan
(Enforcement)
NMFS
Coast Guard
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Provisions
National Fishery Program - Administration
Funding
The funds authorized to be appropriated to the Secretary
to carry out the provisions of this Act are as follows—
(1) $337,844,000 for fiscal year 2007;
(2) $347,684,000 for fiscal year 2008;
(3) $357,524,000 for fiscal year 2009;
(4) $367,364,000 for fiscal year 2010;
(5) $377,204,000 for fiscal year 2011;
(6) $387,044,000 for fiscal year 2012;
(7) $396,875,000 for fiscal year 2013.
Image Source:http://www.dreamprogram.org/mentors/fundraisers.htm
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Provisions
National Fishery Program - Councils
What do the councils do?
For each fishery under their authority that requires conservation
and management, councils:
 Prepare and submit to the Secretary a fishery management
plan, and amendments that are necessary from time to time
 Conduct public hearings so as to allow all interested persons
an opportunity to be heard
 Develop annual catch limits for each of its managed fisheries
that may not exceed the fishing level recommendations of its
scientific and statistical committee
 Develop multi-year research priorities for fisheries, fisheries
interactions, habitats, and other areas of research
Background
History
Purpose
Provisions
Case Study
Effectiveness
Provisions
National Fishery Program - Councils
Established Councils:
 NEW ENGLAND COUNCIL: Covering Maine, New Hampshire,
Massachusetts, Rhode Island, and Connecticut.

Council consisting of 17 voting members
Link to a Fisheries Management Program:
http://www.nefmc.org/crab/fmp/rcfw1_sec03.PDF
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Provisions
National Fishery Program - Councils
Established Councils:
 MID-ATLANTIC COUNCIL: The Mid-Atlantic Fishery Management Council
consists of the States of New York, New Jersey, Delaware, Pennsylvania,
Maryland, Virginia, and North Carolina.
 SOUTH ATLANTIC COUNCIL: The South Atlantic Fishery Management Council
consists of the States of North Carolina, South Carolina, Georgia, and Florida.
http://www.safmc.net/
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Provisions
National Fishery Program - Councils
Established Councils:
 CARIBBEAN COUNCIL: The Caribbean Fishery Management Council
consists of the Virgin Islands and the Commonwealth of Puerto.
 GULF COUNCIL: The Gulf of Mexico Fishery Management Council consists
of the States of Texas, Louisiana, Mississippi, Alabama, and Florida
http://www.caribbeanfmc.com/
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Provisions
National Fishery Program - Councils
Established Councils:
 PACIFIC COUNCIL.—The Pacific Fishery Management Council consists
of the States of California, Oregon, Washington, and Idaho.
 NORTH PACIFIC COUNCIL.—The North Pacific Fishery Management
Council shall consist of the States of Alaska, Washington, and Oregon.
http://www.pcouncil.org/
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Provisions
National Fishery Program - Councils
Established Councils:
 WESTERN PACIFIC COUNCIL: The Western Pacific Fishery Management
Council shall consist of the States of Hawaii, American Samoa, Guam, and
the Northern Mariana Islands.
 Council has 13 voting members.
http://www.wpcouncil.org/
Background
History
Purpose
Provisions
Case Study
Effectiveness
Provisions
National Fishery Program - Councils
Trivia
What happens if an issue affects more than
one council? Who decides?
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Provisions
National Fishery Program - Councils
Trivia
What happens if an issue affects more than
one council? Who decides?
The affected councils can establish a
COUNCIL COORDINATION COMMITTEE –
a joint committee to discuss issues relevant
to all councils.
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Provisions
National Fishery Program – Councils, Committees,
and Advisory Panels
No time to discuss this as a committee! - Han Solo

Each Council must:


Each scientific and statistical committee must:


establish, maintain, and appoint the members of a scientific and statistical
committee to assist it in the development, collection, evaluation, and peer
review of such statistical, biological, economic, social, and other scientific
information as is relevant to such Council's development and amendment of
any fishery management plan.
provide their Council ongoing scientific advice for fishery management
decisions. Members appointed by the Councils to the scientific and statistical
committees shall be Federal employees, State employees, academics, or
independent experts and shall have strong scientific or technical credentials
and experience
Each advisory panel shall:

participate in all aspects of the development of the plan or amendment; be
balanced in its representation of commercial, recreational, and other interests;
and consist of not less than 7 individuals who are knowledgeable about the
fishery for which the plan or amendment is developed
Image source: http://www.criticalgamers.com/archives/cat_collectable_card_games.php?page=4
Background
History
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Case Study
Effectiveness
Resources
Provisions
National Fishery Program – FMPs
Which all leads to: Fishery Management Plans
Fishery Management Plans are governed in specific terms by the Act.
They are comprised of two main sections: (1) Required content and
(2) discretionary content.
(1) Required Content
The plan must:
• contain the conservation and management measures necessary . . .
for the conservation and management of the fishery to prevent
overfishing and rebuild overfished stocks, and to protect, restore, and
promote the long-term health and stability of the fishery
•
contain a description of the fishery including the number of vessels
involved, the type and quantity of fishing gear used, the species of
fish involved and their location, the cost likely to be incurred in
management, actual and potential revenues from the fishery, any
recreational interest in the fishery, and the nature and extent of
foreign fishing and Indian treaty fishing rights, if any
Background
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Provisions
National Fishery Program – FMPs
(1) Required Content
The plan must:
...
• assess and specify the present and probable future condition of, and
the maximum sustainable yield of the fishery
•
consider and provide for temporary adjustments, after consultation
with the Coast Guard and persons utilizing the fishery, regarding
access to the fishery for vessels otherwise prevented from harvesting
because of weather or other ocean conditions affecting the safe
conduct of the fishery
•
describe and identify essential fish habitat for the fishery based on the
guidelines established by the Secretary minimize adverse effects on
them
•
include a fishery impact statement for the plan that assesses the likely
effects, if any, including the cumulative conservation, economic, and
social impacts, of the conservation and management measures on,
and possible mitigation measure.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Provisions
National Fishery Program – FMPs
(1) Required Content
The plan must:
...
• assess the type and amount of fish caught and released alive
during recreational fishing under catch and release fishery
management programs and minimize mortality and ensure the
extended survival of such fish
•
include a description of the commercial, recreational, and
charter fishing sectors which participate in the fishery,
including its economic impact
Background
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Provisions
Case Study
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Resources
Provisions
National Fishery Program – FMPs
(2) Discretionary Content
Any fishery management plan which is prepared by any Council, or by the
Secretary, with respect to any fishery, may:
•
Require a permit to be obtained from, and fees to be paid to, the
Secretary, with respect to fishing vessels, the operators of such
vessels or any United States fish processor who first receives fish
that are subject to the plan
•
Designate zones of time and place where fishing shall be limited,
or shall not be permitted, or shall be permitted only by specified
types of fishing vessels
•
Establish a limited access system
•
Require fish processors who first receive fish to submit data which
are necessary for the conservation and management of the
fishery
Background
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Resources
Provisions
National Fishery Program – FMPs
(2) Discretionary Content
Any fishery management plan which is prepared by any Council, or by the
Secretary, with respect to any fishery, may:
...
• Require that observers be carried on board a vessel of the United
States engaged in fishing for species that are subject to the plan,
for the purpose of collecting data
•
Reserve a portion of the allowable biological catch for use in
research
•
Prescribe other measures, requirements, or conditions and
restrictions as are determined to be necessary and appropriate for
the conservation and management
Background
History
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Provisions
Case Study
Effectiveness
Resources
Provisions
National Fishery Program – Limited Access Privilege
Programs
• The councils may create Limited Access Privilege programs
for fisheries. These programs are systems where federal
permits are issued to harvest a quantity of fish. The MSA
outlines three specific types of LAP and the requirements for
them:
•
Individual Fishing Quotas,
• Community Quotas
• Regional Fishery Association Quotas.
• However, the broad language means that so long as the
council meets the statutory requirements, and LAP could be
granted to almost any entity.
Background
History
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Provisions
Case Study
Effectiveness
Resources
Provisions
National Fishery Program – Limited Access Privilege
Programs
A council can submit for approval a LAP program to the secretary at
any time, provided it meets the requirements. So what is required?
Generally, the LAP:
 Cannot create any right, title, or property interest, and in fact are
considered to be revocable permits.
 Must promote fishing safety, fishery conservation and management,
and social and economic benefits
 Must require all fish harvested under it to be processed on vessels
of the United States or on United States soil
 Must specify the goals of the program
 Must include provisions for regular monitoring and review
 And must include an effective system for enforcement, monitoring,
and management
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History
Purpose
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Case Study
Effectiveness
Resources
Provisions
National Fishery Program – Limited Access Privilege
Programs
Background
History
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Provisions
Case Study
Effectiveness
Resources
Provisions
The Powers of the Secretary
Under the Act, the Secretary is the main organizing force, and the
central authority for action to be taken. (The main priority of the
councils is to create Fishery Management Plans.)
•
First Review: Once created, the council must send the plan to the
Secretary for review. The Secretary must then approve or deny
the plan based on a review of whether it is consistent with national
standards, the other provisions of the Act, and other applicable
law.
Image Source: http://civilizer.wordpress.com/about/
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Provisions
The Powers of the Secretary
Once the first review has been conducted the Secretary then publishes
a notice in the Federal Register stating the availability of the
plan/amendment and providing a means for information, views,
opinions, or comments to be submitted for a 60 day period. No later
than 30 days from this point the Secretary will conduct a final review.
• Second Review: In the next review, the Secretary considers all of
the information and views received, consultation with the Secretary
of State, consultation with the Secretary of the department in which
the Coast Guard is operating, and other applicable information.
Then the Secretary may approve, deny, or partially approve the
plan.
Failure to approve or deny after 30 days results in automatic approval.
Image Source: http://civilizer.wordpress.com/about/
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
The Powers of the Secretary
If the Secretary denies the plan, he must inform the
council of:
 The applicable law with which the plan or
amendment is inconsistent, the nature of such
inconsistencies
 Recommendations concerning the actions that could be
taken by the Council to conform such plan or amendment to
the requirements of applicable law.
Note: The Council may always submit a revised
plan or amendment to the Secretary for review.
Image Source: http://jezebel.com/382838/judge-judy-does-not-approve-of-american-apparel+inspired-photography
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
The Powers of the Secretary
The Secretary Review of Proposed Regulations:
 Upon receiving proposed regulations the Secretary initiates a
similar review as to whether the regulation is consistent with
the FMP. Within 15 days the Secretary must affirm (and
publish for comment) the regulations, or deny them. If denied,
the Secretary must notify the council of the inconsistencies
and make recommendations to repair the defects.
 The Secretary also has the ability to make necessary
changes to the proposed regulations of his own accord and
then publish them for comment.
Image Source: http://jezebel.com/382838/judge-judy-does-not-approve-of-american-apparel+inspired-photography
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
The Powers of the Secretary
 The Secretary has the authority
to create his own FMP when:
• (1) the appropriate Council fails to develop and submit a
fishery management plan
• (2) the Secretary disapproves or partially disapproves
any such plan and the Council involved fails to submit a
revised or further revised plan or amendment.
Image Source: http://www.cedmagic.com/featured/he-man/he-man-power.html
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
The Powers of the Secretary
 The Secretary must also conduct public hearings and seek
council comments on any FMP he creates.
 However, the Secretary does not have the authority to create a
LAP without approval of the appropriate council.
 The Secretary may also propose regulations in the Federal
Register.
Image Source: http://www.cedmagic.com/featured/he-man/he-man-power.html
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
The Powers of the Secretary
As a part of the Act, the Secretary reports
annually to the Congress and the Councils on
the status of United States Fisheries. As a part
of this identification he must specify those
fisheries that are overfished or are approaching
a condition of being overfished.
Carlos M. Gutierrez
If the Secretary determines at any time that a
fishery is overfished, the Secretary must
immediately notify the appropriate Council and
request that action be taken to end overfishing.
Image Source: http://www.commerce.gov/CommerceSecretary/index.htm
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
The Powers of the Secretary
While councils have the ability to establish
joint committees to deal with common areas,
the Secretary has the authority to designate
which council will handle the fishery.
Including the creation of the FMP. He may
also require the councils to act jointly. In
geographical disputes between councils, the
Secretary is in charge of setting the
boundary authorities of the councils.
Carlos M. Gutierrez
Image Source: http://www.commerce.gov/CommerceSecretary/index.htm
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
The Powers of the Secretary
As a part of the Act, the Secretary reports
annually to the Congress and the Councils on the
status of United States Fisheries. As a part of this
identification he must specify those fisheries that
are overfished or are approaching a condition of
being overfished.
Carlos M. Gutierrez
If the Secretary determines at any time that a fishery is overfished, the
Secretary must immediately notify the appropriate Council and request
that action be taken to end overfishing
While councils have the ability to establish joint committee ‘s to deal
with common areas, the Secretary has the authority to designate which
council will handle the fishery. Including the creation of the FMP. He
may also require the councils to act jointly. In geographical disputes
between councils, the Secretary is in charge of setting the boundary
authorities of the councils.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
The Powers of the Secretary
Highly Migratory Species
The Secretary is responsible for
preparing fishery plans for highly
migratory species. In doing so he
must consult for comments the
affected Councils, commissioners,
and advisory groups. He must also
establish his own advisory panel
and evaluate the likely effects of his
conservation measures.
Image Source: http://www.sea-way.org/blog/flying_fish2.JPG
Background
History
Purpose
Provisions
Case Study
Effectiveness
Key Provisions
The Powers of the Secretary
Repeal or Revocation
of a
Fishery Management Plan
The Secretary may only repeal or revoke an FMP created
by a Council (and passed) with the authority of the Council
by a three fourths majority of voting members.
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Key Provisions
The Powers of the Secretary
Seizing a Fishery
 If the Secretary finds, after notice and an opportunity
for a hearing any State has taken any action, or
omitted to take any action, the results of which will
substantially and adversely affect the carrying out of
fishery management plan the Secretary must promptly
notify such State and the appropriate Council of such
finding and of his intention to regulate the applicable
fishery within the boundaries of such State
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Key Provisions
The Powers of the Secretary
Seizing a Fishery . . .
 If the Secretary assumes responsibility for the
regulation of any fishery, the State involved may at
any time thereafter apply to the Secretary for
reinstatement of its authority over such fishery. If the
Secretary finds that the reasons for which he
assumed such regulation no longer prevail, he must
promptly terminate such regulation.
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Key Provisions
State Jurisdiction
• The Act is not meant to infringe on the authority of a State
within its boundaries, and includes 'pockets' of waters within
the State's coastline
• States may also regulate fishing vessels outside their
boundaries if:
• The Vessel is registered under State law
• There is no federal management program or
• The State laws and regulations are consistent with Federal
Management
• But if the Secretary determines the law is not consistent he
promptly notifies the State and the appropriate council, to
provide the state an opportunity to correct the deficiency.
Otherwise, the State's retention of authority is revoked until it
has been corrected.
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
State Jurisdiction
For example, the Act recognizes the authority of Washington,
Oregon, and California to Manage their local Dungeness Crab
Fisheries.
Specifically, they are allowed to adopt and enforce State laws
and regulations governing fishing and processing in the
exclusive economic zone adjacent to that State in any
Dungeness crab fishery for which there is no fishery
management plan in effect. These rights terminate
immediatley if a federal FMP is created.
Background
History
Purpose
Provisions
Case Study
Key Provisions
Prohibited Acts
Effectiveness
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Prohibited Acts
In summary, it is unlawful (with civil and potentially criminal
penalties) for anyone to violate the Act itself, or any of the
regulations created under it. This means that the FMP’s have the
force of law with significant penalties for their violation.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Prohibited Acts
In detail, it is unlawful for any person:
 to violate any provision of this Act or any regulation or permit
issued pursuant to this Act;
 to use any fishing vessel to engage in fishing after the
revocation, or during the period of suspension, of an applicable
permit issued pursuant to this Act;
 to refuse to permit any officer authorized to enforce the
provisions of this Act to board a fishing vessel subject to such
person's control for the purposes of conducting any search or
inspection to forcibly assault, resist, oppose, impede, intimidate,
or interfere with any such authorized officer);
 to ship, transport, offer for sale, sell, purchase, import, export, or
have custody, control, or possession of, any fish taken or
retained in violation of this Act or any regulation
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Prohibited Acts
It is unlawful for any person:
...
• to interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person, knowing that such
other person has committed any act prohibited by this section
• to steal or to negligently and without authorization remove,
damage, or tamper with—
• (i) fishing gear owned by another person, which is located
in the exclusive economic zone or fish contained in such
fishing gear
• to engage in large-scale driftnet fishing that is subject to the
jurisdiction of the United States, including use of a fishing vessel
of the United States to engage in such fishing beyond the
exclusive economic zone of any nation
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Prohibited Acts
It is unlawful for any person:
...
• to import, export, transport, sell, receive, acquire, or purchase in
interstate or foreign commerce any fish taken, possessed,
transported, or sold in violation of any foreign law or regulation
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Prohibited Acts
It is unlawful:
...
• for any vessel other than a vessel of the United States, and for the
owner or operator of any vessel other than a vessel of the United
States, to engage—
• in fishing within the boundaries of any State, except—
• (i) permitted recreational fishing
• (ii) permitted fish processing
• (iii) permitted transshipment at sea of fish or fish products
within the boundaries of any State
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Prohibited Acts
It is unlawful:
...
• for any vessel of the United States to transfer at sea directly or
indirectly any United States harvested fish to any foreign fishing
vessel, while such foreign vessel is within the exclusive economic
zone or within the boundaries of any State
• for any fishing vessel other than a vessel of the United States to
operate in the exclusive economic zone or within the boundaries of
any State, if—
• all fishing gear on the vessel is not stored below deck or in an
area where it is not normally used, or;
• all fishing gear on the vessel which is not so stored is not
secured and covered so as to render it unusable for fishing
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Civil Penalties and Permit Sanctions
 If the MSA itself or one of the regulations spawned from it are violated,
what are the penalties?
Source: http://bigpicture.typepad.com/photos/uncategorized/2008/03/16/penalty_flag_3.jpg
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Civil Penalties and Permit Sanctions
 Any person who is found to have committed prohibited act is laible for
up to $100,000 for each violation.
 Each day of a continuing violation constitutes a separate offense.
 The amount of the penalty is decided by the Secretary, taking into
account the nature, circumstances, extent, and gravity of the
prohibited acts committed and, with respect to the violator, the
degree of culpability, any history of prior offenses, and such other
matters as justice may require.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Civil Penalties and Permit Sanctions
Challenging your $200,000 bill for 2 days of illegal fishing.
 After being assessed a penalty by the Secretary, you have a right to
review in a United States district court by filing a complaint directly
against the secretary. Any request for review needs to be filed within
30 days. At the review the secretary needs to demonstrate his
decision was based on ‘substantial evidence’.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Civil Penalties and Permit Sanctions
What if you don’t pay?
 If any person fails to pay an assessment of a civil penalty after it has
become a final and unappealable order the Secretary shall refer the
matter to the Attorney General of the United States.
What can they take?
 Any fishing vessel (including its fishing gear, furniture, appurtenances,
stores, and cargo) used in the commission of a prohibited act shall be
liable in rem for any civil penalty assessed for such violation.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Civil Penalties and Permit Sanctions
However, the Secretary retains a sort of ‘pardon power’ with
respect to the civil penalties. He may compromise, modify, or remit
any civil penalty that has been imposed.
Source: http://libbypardon.net/MCard.jpg
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Civil Penalties and Permit Sanctions
Penalties that affect fishing permits:
 In any case in which a vessel has been used in the commission of a
prohibited act, and any civil penalty or criminal fine has not been paid
and is overdue, the Secretary may—
 revoke any permit issued with respect to such vessel or person
 suspend such permit for a period of time considered by the
Secretary to be appropriate;
 deny such permit; or . . .
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Civil Penalties and Permit Sanctions
PERMIT SANCTIONS.—
 . . . the Secretary may—
 impose additional conditions and restrictions on any permit
 In imposing a sanction under this subsection, the Secretary shall take
into account—
 the nature, circumstances, extent, and gravity of the prohibited acts
for which the sanction is imposed; and
 with respect to the violator, the degree of culpability, any history of
prior offenses, and such other matters as justice may require.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Civil Forfeitures
The MSA also authorizes civil forfeitures under certain
circumstances.
 Any fishing vessel (including its fishing gear, furniture,
appurtenances, stores, and cargo) used, and any fish (or the fair
market value thereof) in connection with a prohibited act shall be
subject to forfeiture to the United States. All or part of such
vessel may, and all such fish (or the fair market value thereof)
shall, be forfeited to the United States pursuant to a civil
proceeding under this section.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Civil Forfeitures
In other words, if a vessel is used in a prohibited act, such as
fishing in a prohibited area or at a prohibited time under an FMP,
the United States may seize the vessel, its gear, and its fish.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Civil Forfeitures
The MSA creates a rebuttable presumption that:
• all fish found on board a fishing vessel which is seized in
connection with a prohibited act were taken and retained in
violation of the Act.
• any fish of a species which spawns in fresh or estuarine waters
and migrates to ocean waters that is found on board a vessel is of
United States origin if the vessel is within the migratory range of
the species during that part of the year to which the migratory
range applies.
• any vessel that is shoreward of the outer boundary of the
exclusive economic zone of the United States or beyond the
exclusive economic zone of any nation, and that has gear on
board that is capable of use for large-scale driftnet fishing, is
engaged in such fishing.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Criminal Offenses
OFFENSES.—
 A person is guilty of an offense if he commits an act
 which is criminally prohibited under the MSA.
PUNISHMENT.—
 A fine up to $100,000
 Imprisonment for not more than 6 months
 If the person uses a dangerous weapon or engages in conduct
that causes bodily injury the offense is punishable by a fine up
to $200,000 and imprisonment for not more than 10 years.
JURISDICTION.—
 The Act grants Federal jurisdiction over any offense described.
Image Source: pro.corbis.com
Background
History
Purpose
Provisions
Case Study
Effectiveness
Key Provisions
Fisheries Research
A major goal of the MSA was the improvement of fisheries
research. Such research is integral to understanding how to
combat dangers to fish populations and how to properly sustain
them. As such, the MSA makes several provisions that encourage
research.
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Fisheries Research
The Secretary is required to initiate and maintain a comprehensive
program of fishery research to carry out the purposes, policy, and
provisions of the Act.
The programs are designed to acquire knowledge and information,
including statistics, on fishery conservation and management and on
the economics and social characteristics of the fisheries.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Fisheries Research
The MSA includes requirements on the Secretary to create and
produce research plans for the FMP’s. Every three years the Secretary
must develop and publish in the Federal Register a strategic plan for
fisheries research for the following 5 years.
The plan must:
 (1) identify and describe a comprehensive program with a limited
number of priority objectives for research
 (2) indicate goals and timetables for the program
 (3) provide a role for commercial fishermen in such research,
including involvement in field testing;
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Fisheries Research
STRATEGIC PLAN.— . . .
The plan must:
...
 (4) provide for collection and dissemination, in a timely manner,
of complete and accurate information concerning fishing
activities, catch, effort, stock assessments, and other research
conducted under this section; and
 (5) be developed in cooperation with the Councils and affected
States, and provide for coordination with the Councils, affected
States, and other research entities.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Fisheries Research
AREAS OF RESEARCH.—The MSA dedicates crucial areas of
research as follows:
 Research to support fishery conservation and management,
including but not limited to, biological research concerning the
abundance and life history parameters of stocks of fish, the
interdependence of fisheries or stocks of fish, the identification of
essential fish habitat, and the impact of pollution on fish
populations.
 Conservation engineering research, including the study of fish
behavior and the development and testing of new gear
technology and fishing techniques to minimize bycatch and any
adverse effects on essential fish habitat and promote efficient
harvest of target species.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Fisheries Research
AREAS OF RESEARCH.—Areas of research are as follows:
...
• Research on the fisheries, including the social, cultural, and
economic relationships among fishing vessel owners, crew,
United States fish processors, associated shoreside labor,
seafood markets and fishing communities.
• Information management research, including the development of
a fishery information base and an information management
system that will permit the full use of information in the support of
effective fishery conservation and management.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Key Provisions
Fisheries Research
Commercial Fisherman:
A crucial aspect of the research is public notice and involvement.
The MSA requires that the Secretary consult with relevant
Federal, State, and other agencies, including scientific experts
and those who are interested and involved in the health of the
fisheries. Commercial fishermen especially are required to be
involved in the creation of the plan pertaining to research.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Case Study – Atlantic Salmon
Atlantic Salmon are a fish species native to the North Eastern
and North Western coasts of the Atlantic Ocean. This
Anadromous fish species spends 1-3 years in freshwater rivers
before moving to sea, traveling to the coast of Greenland and
feeding for an additional 1-3 years. During this marine growth
period fish become reproductively mature and return to native
rivers to spawn. Most fish spawn and die but few are iteroparous,
having the ability to “drop-back” or return to sea, before having
another freshwater spawning bout.
Photo credit: Fish Base
Information Source: Andrew Gingerich, Atlantic Salmon Imperilment in North Eastern US - Learning Module
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Case Study – Atlantic Salmon
Leave for the ocean
Return from the
0cean mature
Information Source: Andrew Gingerich, Atlantic Salmon Imperilment in North Eastern US - Learning Module
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Case Study – Atlantic Salmon
Atlantic Salmon is Disappearing
• In Maine and much of the New England coast the US Fish and
Wildlife listed this species under the Endangered Species Act
due to significant decreases in returning salmon. Historically
more than 500 000 fish returned to these rivers. However,
estimates over the last few years remain low around 2000 fish. In
Maine, research has shown that a distinct population segment
(DPS) of fish exist, having novel life history traits.
• These DPS fish are at critically low numbers in recent years
having only about 33 estimated fish return to 8 rivers in Maine
(2002). Many factors are thought to be responsible for their
decline including, but not limited to dams, pour stocking
practices, air pollution, habitat degradation invasive species
introduction, and marine mortality. Stake holders have interest in
restoring this species to New England.
Information Source: Andrew Gingerich, Atlantic Salmon Imperilment in North Eastern US - Learning Module
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Case Study – Atlantic Salmon
What the MSA has done:
• The MSA gives regional fishery management councils the
authority to prepare plans for the conservation and management
of each federally managed fishery in the EEZ, including the
establishment of necessary habitat conservation measures.
• In 1987, a fishery management plan for Atlantic salmon was
implemented by the New England Fishery Management Council
(NEFMC) and the Assistant Administrator for Fisheries
Information Source: http://training.fws.gov/LIBRARY/salmon/asalmon74.html
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Case Study – Atlantic Salmon
Effectiveness of Conservation Efforts
• In the early 1800’s half a million adult Atlantic Salmon were
returning to US rivers annually.
• In 2001 the estimate was 1,050 returning fish.
• 780 (90%) of which returned to only one river in Maine called
the Penobscot
• In 2002 871 (estimate returned)
• In Nov 2000 US F&W listed Atlantic Salmon as endangered under
the Endangered Species Act
• Returns in 2007 were estimated at 940 salmon and more than
double at 2,000 fish in 2008.
• Still, that’s less than 0.5% of the original number of returning
fish.
Information Source: Andrew Gingerich, Atlantic Salmon Imperilment in North Eastern US - Learning Module
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Case Study – Atlantic Salmon
Effectiveness of Conservation Efforts
The returning stocks of salmon offer some evidence of the effective
use of the FMP’s. However the levels, even years later, remain far
from healthy numbers.
Atlantic salmon stocks
http://www.kharlovka.com/images/KP10.gif
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Case Study – Atlantic Salmon
Effectiveness of Conservation Efforts
This should be taken in conjunction with the fact that Salmon stocks
across North America are in dire straights, long after the MSA was
passed.
http://www.canada.com/vancouversun/news/story.html?id=f8ef35ae-a09d-4738-8c4a-589864473b00
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Effectiveness
How is the Act progressing towards its goals?
http://www.nmfs.noaa.gov/sfa/domes_fish/StatusoFisheries/2007/2007StatusofUSFisheries_Report_to_Congress.pdf
Background
History
Purpose
Provisions
Case Study
Effectiveness
Effectiveness
How is the Act progressing towards its goals?
http://www.pcouncil.org/newsreleases/PFMC_FINAL_PressRel.pdf
Resources
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Resources and Glossary
Glossary
anadromous fish – fish which spawn in fresh water and spend a portion of their lives in
the ocean (biology-online.org/dictionary)
Federal Register - Published by the Office of the Federal Register, National Archives and
Records Administration (NARA), the Federal Register is the official daily publication for
rules, proposed rules, and notices of Federal agencies and organizations, as well as
executive orders and other presidential documents. Available online at
http://www.gpoaccess.gov/fr/index.html
fishery – 1. a place where fish are bred; fish hatchery.
2. a place where fish or shellfish are caught.
3. the occupation or industry of catching, processing, or selling fish or
shellfish.
4. Law. the right to fish in certain waters or at certain times
MSA – The Magnuson-Stevens Fishery Conservation and Management Act is the
principal law governing marine fisheries in the United States. It was originally adopted to
extend control of U.S. waters to 200 nautical miles in the ocean, to phase out foreign
fishing activities within this zone, to prevent overfishing, and to conserve and manage
fishery resources. Congress passed the original Magnuson Act in 1976. It has since
been amended several times, most recently in 2006.
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Resources and Glossary
Glossary
NMFS – National Marine Fisheries Service – NOAA's National Marine Fisheries Service is
the federal agency, a division of the Department of Commerce, responsible for the
stewardship of the nation's living marine resources and their habitat. It is responsible for
the management, conservation and protection of living marine resources within the United
States' Exclusive Economic Zone (water three to 200 mile offshore). Using the tools
provided by the Magnuson-Stevens Act, the NMFS assesses and predicts the status of
fish stocks, ensures compliance with fisheries regulations and works to reduce wasteful
fishing practices. (http://www.nmfs.noaa.gov/aboutus.htm)
NOAA – The National Oceanic and Atmopheric Administration is “an agency that enriches
life through science.” “From daily weather forecasts, severe storm warnings and climate
monitoring to fisheries management, coastal restoration and supporting marine
commerce, NOAA’s products and services support economic vitality and affect more than
one-third of America’s gross domestic product. NOAA’s dedicated scientists use cuttingedge research and high-tech instrumentation to provide citizens, planners, emergency
managers and other decision makers with reliable information they need when they need
it. (http://www.noaa.gov/about-noaa.html)
Background
History
Purpose
Provisions
Case Study
Effectiveness
Resources
Resources and Glossary
Resources
MSA – Magnuson Steven Act
Text of the statute available at: http://www.nmfs.noaa.gov/sfa/magact/
Background information:
• NOAA Fisheries Feature: http://www.nmfs.noaa.gov/msa2005/
• U.S. Fish and Wildlife Service:
http://www.fws.gov/laws/lawsdigest/fishcon.html
National Fishery Program, Fishery Management Council websites:
• NEW ENGLAND COUNCIL: http://www.nefmc.org/
• MID-ATLANTIC COUNCIL: http://www.mafmc.org/mid-atlantic/mafmc.htm
• SOUTH ATLANTIC COUNCIL: http://www.safmc.net/
• CARIBBEAN COUNCIL: http://www.caribbeanfmc.com/
• GULF COUNCIL: http://www.gulfcouncil.org/
• PACIFIC COUNCIL: http://www.pcouncil.org/
• NORTH PACIFIC COUNCIL: http://www.fakr.noaa.gov/npfmc/
• WESTERN PACIFIC COUNCIL: http://www.wpcouncil.org/
NOAA – National Oceanic and Atmospheric Administration
Website: http://www.noaa.gov/
Background
History
Purpose
Provisions
Case Study
Effectiveness
END
The Internet is not something you just dump
something on. It's not a truck. It's a series of
tubes. And if you don't understand, those tubes
can be filled. And if they are filled, when you put
your message in, it gets in line and it's going to
be delayed by anyone that puts into that tube
enormous amounts of material.
– Sen. Ted Stevens
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