1 Magnuson-Stevens Act Reauthorization A Presentation to the NOAA Science Advisory Board Dr. William T. Hogarth Assistant Administrator for Fisheries National Oceanic and Atmospheric Administration November 9, 2005

2 Purpose Provide the SAB with: - Update on the Administration’s reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) - Information on portions of the bill relating to science and data collection activities Seek SAB feedback on MSA Science and Data Collection: - Current Proposal - Future Needs

3 Issue Relationship of MSA General Changes: Market Based Systems Regional Councils Management Processes MSA to Science Changes: establishing a national data collection program, registering all anglers, expanding social and economic data collection formal peer review advance ecosystem approaches and rebuilding stocks

4 Magnuson Stevens Act Reauthorization Administration Bill Important Component in the Implementation of the President's Ocean Action Plan Responsive to the Recommendations Contained in the US Commission on Ocean Policy Report Advances NOAA’s ability to accomplish its Mission

5 Improve scientific support Advance ecosystem approaches to management Promote market-based management systems Strengthen rebuilding provisions Improve enforcement provisions Magnuson Stevens Act Reauthorization Goals

6 Market-based Systems Specifically authorizes the use of dedicated access privileges (DAPs) –individual fishing quotas –community quotas –fishing cooperatives –area-based quotas Establishes requirements for the fair allocation and transfer of these privileges Requires recovery of program implementation costs (2 to 15% of ex-vessel value)

7 Regional Councils Expands Council member qualifications to include knowledge of ecosystems and a “demonstrated commitment to sustainable fisheries” Requires the Secretary to consider members who represent the “conservation and management of fishery resources and marine ecosystems” Requires Governors to publish a solicitation for candidates

8 Management Processes Authorizes development of procedures to better integrate the requirements of the National Environmental Policy Act with the MSA Authorizes the use of framework actions for implementing management measures Allows Secretary to return a plan to a council immediately instead of following a 60-day comment period Authorizes the recovery of costs directly related to management, science, data collection and analysis, observer coverage, and enforcement

9 Science-Related Highlights from the Administration’s MS Bill Improve Fishery-Dependent Data, National Data collection Programs & Recreational Registration Program in absence of State Licenses, improved Social & Economic Data Improved Science supporting Management: Formalize Peer Review, stipends for some S&S Committee members, Funding for Observer Programs Optimum Yield (OY) redefined as Maximum Sustainable Yield (MSY) AS REDUCED BY economic or environmental factors & Scientific Uncertainty (caution under uncertainty) Advance Ecosystem Approaches to Fisheries Management (builds from the 1999 FEP Report by Fluharty et al.)

10 Science and Data Collection Fishery Permitting and Registration –Establishes a national permit program for commercial fishermen –Establishes a national registration program for recreational fishermen to fill gaps in existing state systems –Current NRC study of recreational fishing completing its business, will inform the process of MSA –States of Delaware, North and Hawaii have no state license programs, even states with licenses may have exclusions

11 Peer Review Requires formal, peer review of science used by the councils (SSCs, SAW, SEDAR, STAR, etc) Directs the Secretary to establish a National data collection system to improve data quality –national standardized bycatch reporting –single permit identifier Clarifies current information sharing provisions Allows additional socio-economic data collection to improve analyses

12 Ecosystem Approaches Adds “promoting the health and productivity of fishery ecosystems” to the purposes of the Act Directs the Secretary to prepare guidance relative to ecosystem considerations Authorizes councils to prepare fishery ecosystem plans containing principles that apply to all fishery resources Authorizes designation of discrete subunits of essential fish habitat – habitat areas of particular concern

13 Intersection of NOAA EEZ authority under MSA and Regional Ecosystem Boundaries

14 Rebuilding Stocks Uses the term “depleted” rather than overfished to better reflect reasons that stock size may be at a low level Requires Councils to develop a plan to end overfishing within 1 year Plans must end overfishing as soon as possible, not to exceed 2 years Rebuilding plan timelines would be consistent with the biology of the stock instead of the current 10-year rebuilding requirement

Major Stocks

17 NOAA Coordination & Views Developed Bill in close coordination with: –Regional Fishery Management Councils –Commercial and recreational fishing interests –NGOs –States –Congress NOAA has held a number of briefings with Hill staff, NGOs, and media to explain the provisions in the bill Congressional hearings are anticipated in the near future

18 Magnuson Stevens Act Reauthorization Views/Outlook The Outlook is Good for passage this Congress –Congress is ready to act HR 1431 (Rahall, D-WV) HR 3278 (Allen, D-ME) S 797 (Murkowski, R-AK) S 1723 (Collins, R-ME) Senate Staff Draft –Strong Administration Support President -- eliminate overfishing by end of term Secretary Gutierrez -- work with Councils to double dedicated access privileges programs by –Unprecedented Public Attention on Ocean Issues

19 Desired Outcome Informational –With feedback on: - Science provisions and Ecosystem Approach for MSA Discussion / Questions

20 Backup Slides Reauthorization Goals Consensus Operational Objectives for Ecosystem Approaches Fisheries Management The Challenges of Recreational Fishery Sampling Other Provisions

21 Reauthorization Goals Improve scientific support Implement U.S. Ocean Action Plan Promote market-based management systems Foster balanced regional councils Advance ecosystem approaches to management Strengthen rebuilding provisions Enhance management processes Expand permitting and registration programs Improve enforcement provisions

22 Consensus Operational Objectives for Ecosystem Approaches Fisheries Management Conserve and Manage Species Minimize Bycatch Manage Tradeoffs Account for Feedback Effects Establish Appropriate Ecosystem Boundaries Maintain Ecosystem Productivity, Balance Ecosystem Structure Account for Climate Variability Use Adaptive Approaches to Management

23 The Challenges of Recreational Fishery Sampling large number and variety of target species (some rare events, some common) incomplete sampling frames (e.g., license programs by states) recreational discards >60% of catch (and increasing) sampling designs created long before many management needs were developed increasing need to provide credible, precise estimates at the stratum level for stock assessment, allocation, and compliance needs

24 Other Provisions Enforcement –Increases maximum civil penalty to $240,000 and civil judicial penalty to $300,000 –Increases maximum criminal penalty to $500,000 for individuals or $1.0 million for organizations Revises definitions of bycatch, optimum yield, overfishing, and others Adds definitions of depleted, ecosystems, habitat areas of particular concern, and others

25 Other Provisions Clarifies judicial review of agency actions Improves the effectiveness of fishing capacity reduction programs Authorizes the establishment of mechanisms to fund observer programs Authorizes appropriations through 2010