1. Discussion Forum: Third Edition of Understanding Fisheries Management Stephanie Showalter Otts, Director Niki Pace, Research Counsel Mississippi-Alabama Sea Grant Legal Program CNREP 2010  New Orleans, LA  May 28, 2010

2. S ESSION G OALS Provide information on planned third edition of popular Mississippi-Alabama Sea Grant Legal Program publication “Understanding Fisheries Management.” Solicit feedback on planned revisions. ▫Anything missing? ▫Organizational concerns? ▫General comments

3. P ROJECT P ARTNERS Richard Wallace, Professor Emeritus, Auburn University Marine Extension and Research Center Matthew Freeman, Fisheries Economics Postdoctoral Researcher, Louisiana Sea Grant Rex Caffey, Director, LSU Center for Natural Resource Economics & Policy

4. B ACKGROUND Purpose of Understanding Fisheries Management ▫Inform users of the scientific basis of regulation. ▫Provide an overview of federal fisheries regulation that was accessible by anyone – fishermen, council member, general public. ▫Encourage members of fishing community to become an integral part of the regulatory process. First edition published in 1994, second edition in 2001

5. D RAFT T ABLE OF C ONTENTS Chapter 1: Fisheries Management and Biology Chapter 2: Fisheries Economics Chapter 3: Legal and Regulatory Framework Chapter 4: Development of FMPs Chapter 5: Enforcement of Fisheries Laws Chapter 6: State and Regional Fisheries Management

6. F ISHERIES M ANAGEMENT AND B IOLOGY Fisheries Biology Concepts ▫Age Structure of Stock ▫Spawning Potential Ratio ▫Carry Capacity Stock Assessment Process for Setting a Quota Marine Reserves

7. F ISHERIES E CONOMICS Valuing Fisheries (values and how obtained) Fisheries Harvest (Q=AEX, MSY vs. MEY, etc) Management Tools ▫Input Controls ▫Output Controls ▫Technical Restrictions ▫Catch Shares Buybacks (license, vessel) Cooperatives, sectors

8. L EGAL AND R EGULATORY F RAMEWORK Magnuson-Stevens Fishery Conservation and Management Act Regional Fisheries Management Councils FMP Legal Requirements National Standards ▫Extensive focus on NS 1, 2, 8, and 9 (standards most likely to trigger litigation) Essential Fish Habitat

9. P UTTING AN FMP T OGETHER Creation of FMP Modifying a FMP Opportunities for Public Participation Challenging an FMP

10. F ISHERIES E NFORCEMENT Notice of Violation and Assessment Burden of Proof in Administrative Hearings Observer Programs Vessel Monitoring Systems

11. S TATE /R EGIONAL M ANAGEMENT Interstate Fishery Commissions Role of States ▫Primary authority over stocks in state waters

12. T HOUGHTS /C OMMENTS ? Mississippi-Alabama Sea Grant Legal Program University of Mississippi School of Law Kinard Hall, Wing E – Room 256 University, MS 38677 (662) 915-7775 sshowalt@olemiss.edu http://masglp.olemiss.edu/