138 THE MAGNUSON-STEVENS FISHERY CONSERVATION 



AND MANAGEMENT ACT 



The Magnuson-Stevens Fishery Conservation 

 and Management Act, Public Law 94-265 as amended 

 (Magnuson-Stevens Act), provides for the conservation 

 and management of fishery resources within the U.S. 

 Exclusive Economic Zone (EEZ). It also provides for fishery 

 management authority over continental shelf resources 

 and anadromous species beyond the EEZ, except when 

 they are found within a foreign nation's territorial sea or 

 fishery conservation zone (or equivalent), to the extent 

 that such sea or zone is recognized by the United States. 



The EEZ extends from the seaward boundary of 

 each of the coastal States (generally 3 nautical miles 

 from shore for all but two States) to 200 nautical miles 

 from shore. The seaward boundaries of Texas, Puerto 

 Rico, and the Gulf coast of Florida are 3 marine leagues 

 (9 nautical miles). 



GOVERNING INTERNATIONAL FISHERY AGREEMENTS 



Under the Magnuson-Stevens Act, the Secretary 

 of State, in cooperation with the Secretary of 

 Commerce, negotiates Governing International Fishery 

 Agreements (GIFAs) with foreign nations requesting to fish 

 within the EEZ. After a GIFA is signed, It is transmitted by 

 the President to the Congress for ratification. 



FOREIGN FISHING PERMITS 



Title II of the Magnuson-Stevens Act governs 

 foreign fishing in the EEZ. The process applied to foreign 

 fishing has been described in prior issues of this 

 publication. As U.S. fishing capacity grew, foreign 

 participation in directed fisheries, as well as In foreign joint 

 ventures in which U.S. vessels delivered U.S. harvested fish 

 to permitted foreign vessels in the EEZ diminished until, in 

 1991, foreign vessels no longer were permitted to 

 conduct any harvesting or processing operations in the 

 EEZ. This marked the achievement of one of the 

 objectives of the Magnuson-Stevens Act, that Is, the 

 development of the U.S. fishing industry to take what 

 were in 1976 underutilized species, and the displacement 

 of the foreign fishing effort in the EEZ by 1991 . 



As a result of the above, there has been no total 

 allowable level of foreign fishing since 1991, although 

 35,000 mt of Atlantic mackerel and 40.000 mt of Atlantic 



herring were available for joint venture fishing In 1996. 

 However, no joint venture permits were Issued In 1996 

 because no foreign nations elected to participate In joint 

 venture fishing in 1996. NMFS continues to maintain 

 certain regulations pertaining to foreign fishing, such as 

 the foreign fishing fee schedule, should there be a 

 situation in the future in which allowing limited foreign 

 fishing in an underutilized fishery would be of advantage 

 to the U.S. fishing industry. 



FMPsandPMPs 



Under the Magnuson-Stevens Act, eight 

 Regional Fishery Management Councils are charged with 

 preparing Fishery Management Plans (FMPs) for the 

 fisheries needing management within their areas of 

 authority. After the Councils prepare FMPs that cover 

 domestic and foreign fishing efforts, the FMPs are 

 submitted to the Secretary of Commerce (Secretary) for 

 approval and implementation. The Department, through 

 NMFS agents and the U.S. Coast Guard, Is responsible for 

 enforcing the law and regulations. 



The Secretary is empowered to prepare FMPs In 

 the Atlantic and Gulf of Mexico for highly migratory 

 species. Where no FMP exists. Preliminary Fishery 

 Management Plans (PMPs), which only cover foreign 

 fishing efforts, are prepared by the Secretary for each 

 fishery for which a foreign nation requests a permit. The 

 Secretary is also empowered to produce an FMP for any 

 fishery that a Council has not duly produced. In this latter 

 case, the Secretary's FMP covers domestic and foreign 

 fishing. 



As of December 31 , 1996, five Preliminary Fishery 

 Management Plans (PMPs) were in effect, many of which 

 have been amended since first being implemented. 



Foreign Trawl Fisheries of the Northwest 



Atlantic 

 Hake Fisheries of the Northwest 



Atlantic 

 Bering Sea/Northeast Pacific Herring 

 Bering Sea Snails 

 Atlantic Herring of the Northwestern 



Atlantic 



