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DOC/NOAA | RIN: 0648-AV60 | Publication ID: Fall 2007 |
Title: ●Guidance for Annual Catch Limits (ACLs) and Accountability Measures (AMs) To End Overfishing | |
Abstract: Section 104(b) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (MSRA), requires that in fishing year 2010, for fisheries determined by the Secretary to be subject to overfishing, and in fishing year 2011, for all other fisheries, that fishery management plans establish ACLs, including regulations and annual specifications, at a level such that overfishing does not occur in a fishery, including measures to ensure accountability. The National Marine Fisheries Service intends to prepare guidance on how to establish adequate ACLs and AMs by revising its National Standard 1 (NS1) guidelines at 50 CFR 600.310. This is because NS1 of the Magnuson-Stevens Act states that “Conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry.” | |
Agency: Department of Commerce(DOC) | Priority: Other Significant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 50 CFR 600.310 | |
Legal Authority: 16 USC 1853 |
Legal Deadline:
None |
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Statement of Need: The National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) is developing guidance for ending overfishing and rebuilding overfished fish stocks. NMFS takes this action to ensure that fish stocks managed by Federal fishery management plans (FMPs) under the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) implement annual catch limits (ACLs) and accountability measures (AMs) to ensure that overfishing is prevented. ACLs and AMs are required by fishing year 2010, for all stocks undergoing overfishing, and by 2011, for all stocks. |
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Summary of the Legal Basis: NOAA is proposing these regulations pursuant to the MSRA of 2006 (P.L. 109-479). This includes a new required provision that any FMP shall "establish a mechanism for specifying annual catch limits in the plan (including a multiyear plan), implementing regulations, or annual specifications, at a level such that overfishing does not occur in the fishery, including measures to ensure accountability." Provisions and guidance related to overfishing best fit under the current National Standard 1 which states: "Conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry." |
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Alternatives: NMFS is currently in the process of developing alternatives, and will provide more complete information at a later date. Preliminary alternatives outlined in the Notice of Intent to prepare an Environmental Impact Statement include no action, developing performance standards that ACLs and AMs must meet but do not provide guidance on specific mechanisms, and finally develop ACL and AM guidelines that provide performance standards that ACLs must meet. |
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Anticipated Costs and Benefits: This rule does not meet the $100 million annual economic impact threshold and thus has not been determined to be economically significant under EO 12866. Specific benefits and costs from having ACL and AM mechanisms and actual ACLs and AMs for various fisheries will not be known until ACLs and AMs are implemented in 2010, for stocks undergoing overfishing, and by 2011, for all stocks. Regional Fishery Management Councils, and NMFS, in the case of Atlantic highly migratory species, will perform environmental and socioeconomic analyses to describe specific effects for their fisheries once they determine what ACLs and AMs are needed for each stock. In general, ending overfishing immediately, rather than allowing it to continue would reduce short-term revenues for a brief period, but increase revenues at a sustainable level for the fishery earlier. |
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Risks: Overfishing still occurs at various levels in 48 fisheries in U.S. waters, although NMFS and the Regional Fishery Management Councils have made significant improvements in recent years. A priority in the MSRA is to strengthen the Act to ensure an end to overfishing. Without this rulemaking, there is a risk that there will be more instances of overfishing, which would delay rebuilding. By implementing ACLs and AMs, mechanisms will be in place to address overfishing more quickly, thus ensuring the timely rebuilding of overfished stocks. |
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Timetable:
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Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: None |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Data Printed in the FR: Yes | |
Agency Contact: Alan Risenhoover Director, Office of Sustainable Fisheries Department of Commerce National Oceanic and Atmospheric Administration NMFS, 1315 East-West Highway, Room 13362, Silver Spring, MD 20910 Phone:301 713-2334 Fax:301 713-0596 Email: alan.risenhoover@noaa.gov |