THE MAGNUSON FISHERY CONSERVATION 

 AND MANAGEMENT ACT 



91 



fishing. Observer fees, which cover all U.S. costs of 

 placing observers alDoard foreign vessels, are computed 

 on the basis of actual oloserver trips, and either paid in 

 advance or via draws made on financial guarantees 

 established by the respective foreign fishing nations. 



A foreign fee surcharge may be imposed on 

 permit and poundage fees to capitalize a fund to 

 compensate U.S. fishermen whose vessels and/or gear 

 are damaged or lost due to conflicts with foreign vessels 

 in the EEZ. Since the fund Is currently fully capitalized, 

 the surcharge has been waived until further notice. 



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. 



The Secretary of Commerce is empowered to 

 prepare plans 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 for which a Council has 

 not duly produced an FMP. In this latter case, the 

 Secretary's FMP covers domestic and foreign fishing. 



As of December 31, 1993, five 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 Northwestern 



Atlantic 

 Pacific Billfishes and Oceanic Sharks 

 Bering Sea Herring 

 Bering Sea Snails 



The Atlantic shari<s, swordfish and billfish fisheries are 

 currently being nrranaged by the Secretary under the 

 Magnuson Act and the Western Atlantic bluefin tuna 

 fishery is managed under the Atlantic Tunas Convention 

 Act. 



FISHERY MANAGEMENT PLANS (FMPs) 



Under section 304 of the Magnuson Act, all 

 Council-prepared FMPs must be reviewed by the 

 Secretary of Commerce. After FMPs have been 

 approved under section 304 of the Magnuson Act, they 

 are implemented by federal regulations under section 

 305 of the Act. As of December 31 , 1993, there are 34 

 fishery nrxanagement plans in place. The FMPs are listed 

 below. Many FMPs are amended by the Council and 

 submitted for approval under the same Secretarial 

 review process as new FMPs. Most of the FMPs listed 

 have been amended since initial implementation. Those 

 mart<ed with a double asterisk (") were amended in 

 1993. 



Northeast Muttispecies 



American Lobster (**) 



Atlantic Billfishes 



Atlantic Bluefish 



Atlantic Coast Red Drum 



Atlantic Mackerel, Squid, and Butterfish 



Atlantic Salnrxsn 



Atlantic Sea Scallops 



Atlantic Shart<s 



Atlantic Surf Clams and Ocean Quahogs 



Summer Rounder (**) 



Swordfish 



Gulf and South Atlantic Spiny Lobster 



Caribbean Shallow Water Reef Fish (") 



Gulf and South Atlantic Corals 



Gulf of Mexico Reef Fish (") 



Gulf of Mexico Shrimp (") 



Gulf of Mexico Stone Crab 



Coastal Migratory Pelagics 



Caribbean Spiny Lobster 



South Atiantic Snapper/Grouper 



South Atiantic Shrimp 



Northern Anchovy 



King and Tanner Crab 



Commercial and Recreational Salmon 



High Seas Salmon 



Pacific Coast Groundfish (") 



Gulf of Alaska Groundfish (**) 



Bering Sea and Aleutian Islands Groundfish (") 



Western Pacific Crustaceans 



Western Pacific Precious Corals 



Western Pacific Bottomfish and Searrount 



Groundfish 

 Gulf of Mexico Red Drum 

 Western Pacific Pelagics 



During 1993, 515 regulatory actions were 

 processed via the Federal Register to implement FMP 

 fishery rrxanagement actions and rules for foreign fishing. 

 This number includes hearings, meetings, and correction 

 notices. 



