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THE MAGNUSON FISHERY CONSERVATION 

 AND MANAGEMENT ACT 



The Magnuson Fishery Conservation and 

 Management Act (IVIFCMA). Public Law 94-265 as 

 amended (l\^agnuson Act), provides for the conservation 

 and management of all fishery resources v*/ithin 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 

 negotiates Governing International Fishery Agreements 

 (GIF As) with foreign nations 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 



Applicant foreign fishing nations having a GIFA 

 with the United States may submit individual vessel 

 applications to the Department of State requesting 

 permits to fish in the EEZ for any surplus fishery resources 

 managed under the Magnuson Act. In conjunction with 

 an applicant foreign fishing nation's embassy submitting 

 an application to the State Department, officials of an 

 applicant nation must also accept certain general terms 

 and conditions established by the Secretary of 

 Commerce and so notify the Secretary of State, 

 designate a general agent to be responsible for legal 

 process involving any of its vessels fishing subject to U.S. 

 jurisdiction, and designate a representative to be 

 responsible for reviewing and submitting reports and 

 other information concerning fishing by its vessels. The 

 State Department provides copies of applications to the 

 appropriate Regional Fishery Management Council(s), 

 U.S. Coast Guard and Nafional Marine Fisheries Service 

 so these entities may review and make 

 recommendations on the applications. A Summary of all 

 applications received is also published in the Federal 

 Register for public review. After an applicant nation has 

 met all the above requirements and been offered and 

 accepted an allocation of surplus fishery resources by 

 the State Department, the National Marine Fisheries 



Service issues individual vessel permits, as appropriate. 

 These permits are then formally transmitted to the 

 appropriate foreign authorities by the Department of 

 State. 



A similar process is employed to handle 

 applications by applicant foreign fishing nations 

 requesting permits for joint ventures, wherein U.S. 

 fishermen catch and sell to foreign fishermen via vessel- 

 to-vessel transfer at sea certain species for which U.S. 

 demand is low relative to the abundance of the species. 



FOREIGN FISHING ALLOCATIONS 



The total allowable level of foreign fishing 

 GALFF), if any, for a fishery subject to U.S. exclusive 

 fishery management authority is that portion of the 

 optimum yield (OY) of such fishery that will not be 

 harvested by U.S. vessels. Each assessment of OY and 

 each assessment of the anticipated U.S. harvest is 

 reviewed during the fishing season. Adjustments of TALFF 

 are based on updated infornnation relating to the status 

 of stocks, estimated and actual performance of 

 domestic and foreign fleets, and other relevant factors. 



FOREIGN FISHING FEES 



Foreign nations engaged in fisheries subject to 

 U.S. jurisdiction are charged permit fees, poundage fees, 

 and a foreign fee surcharge as appropriate. 



Foreign nations requesting authorization for their 

 vessels to operate in tine EEZ remit an initial application 

 fee of $354.00 for each vessel for which a permit is 

 requested. This amount is based on the administrative 

 costs of processing applications and issuing permits. 



For those vessels that directly harvest species in 

 accordance vjjth their allocation of TALFF, poundage 

 fee bills based on the quantities and species of fish 

 harvested by such vessels are issued on a quarteriy basis 

 against financial guarantees established by the 

 respective foreign fishing nations. In the case of joint 

 ventures, no such fees are charged for the U.S. 

 harvested fish received by foreign vessels. Instead, a 

 price per ton the target species is agreed upon by the 

 joint venture partners prior to the start of fishing 

 operations , with payments to U .S. fishermen usually being 

 made as draws on financial guarantees established by 

 the foreign joint venture partner. 



All foreign vessels fishing subject to U.S. 

 jurisdiction must have U.S. observers aboard to ensure 

 compliance with U.S. regulations governing foreign 



