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THE MAGNUSON FISHERY CONSERVATION 

 AND MANAGEMENT ACT 



The Magnuson Fishery Conservation and 

 Management Act (MFCMA), Public Law 94-265 as 

 amended (Magnuson Act), provides for the 

 conservation and management of all 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 Act, the Secretary of 

 State, in cooperation with the Secretary of Commerce 

 (Secretary), negotiates Governing International Fishery 

 Agreements (GIFAs) with foreign countries wishing to 

 fish within the EEZ. After a GIFA is signed, it is 

 transmitted by the President to the Congress for 

 ratification. 



FOREIGN FISHING PERMITS 



Foreign flagged fishing vessels whose flag 

 nation has a GIFA with the U.S. may submit a permit 

 application to fish in the EEZ for surplus fishery resources 

 managed under the Magnuson Act after the 

 Department of State (DOS) has offered and the vessels 

 flag nation has: (1) accepted an allocation; and (2) a 

 fishing permit has been Issued to the flag nation. 

 Permit applications must also be submitted to DOS for 

 foreign flagged vessels that receive U.S. harvested fish 

 in the EEZ and for any other operation in support of 

 fishing in EEZ. The U.S. Coast Guard, the appropriate 

 Regional Fishery Management Council and the 

 National Marine Fisheries Service are provided copies 

 for review and recommendation. The DOS will also 

 publish in the Federal Register a summary of all permit 

 applications received from foreign nations requesting 

 fishing permits to fish in the U.S. EEZ. 



FEES 



Foreign nations engaged In fisheries subject to 

 U.S. jurisdiction are charged permit fees, poundage 

 fees, a foreign fee surcharge, and an observer fee. 



The permit fees recover costs of issuing permits, 

 based upon a standard administrative charge of $354 

 for each foreign permit application. 



Poundage fees are charged for the fish 

 harvested by foreign vessels. Poundage fees vary In 

 relation to the exvessel values of the species harvested 

 by a nation's vessels. Poundage fees are not currently 

 charged for U.S. harvested fish received by foreign 

 vessels. 



The surcharge is to capitalize a fund to 

 compensate U.S. fishermen operating In the EEZ whose 

 vessels or gear are lost or damaged because of 

 conflicts with foreign vessels. The surcharge on 

 poundage and permit fees was waived in 1992 

 because the fund was fully capitalized. 



The observer fee covers U.S. costs including 

 salary, per diem, training, transportation, and support 

 costs and overhead for U.S. observers on board foreign 

 vessels. The fee is computed on the basis of actual 

 observer trips. 



FOREIGN ALLOCATIONS 



The total allowable level of foreign fishing 

 (TALFF), if any, for any fishery subject to the exclusive 

 fishery management authority of the United States is 

 that portion of the optimum yield (OY) of such fishery 

 that will not be harvested by vessels of the United 

 States. 



Each assessment of OY and each assessment 

 of the anticipated U.S. harvest is reviewed during the 

 fishing season. Adjustments to TALFFs are based on 

 updated information relating to status of stocks, 

 estimated and actual performance of domestic and 

 foreign fleets, and other relevant factors. 



FMPs and PMPs 



Under the Magnuson 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 develop FMPs which 

 cover domestic and foreign fishing efforts, the FMPs are 

 submitted to the Secretary of Commerce for approval 

 and Implementation. The Department, through NMFS 

 agents and the U.S. Coast Guard, is responsible for 

 enforcing the law and regulations. 



