TAKING STOCK: The Cure for Chronic Overfishing (2007)

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    TAKING STOCK:The Cure for Chronic Overshing

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    In numerous cases around our coasts, no amount o warning economic o

    ecological has deterred continued overshing. Too oten shing pressure is

    intense enough to reduce sh populations below the minimum needed to sustain

    themselves, or to prevent recovery to sustainable levels.1 Examples abound

    including the collapse o the Pacic sardine shery in the 1960s, the halving o the

    Atlantic swordsh population since the 1970s, the depletion o red drum during

    the blackened red sh craze o the 1980s, and the epic New England shery

    disaster o the early 1990s.

    Although the amendments to the Magnuson-Stevens Act in 1996 (MSA) dened

    overshing, prohibited shery managers rom setting shing quotas above the

    maximum sustainable yield, and required managers to rebuild overshed stocks

    as quickly as possible, loopholes in the MSA have allowed overshing to continue

    unchecked in some regions. The shery management councils have too otenignored the advice o scientists and permitted unsustainable levels o shing yea

    ater year, largely by ailing to adopt or enorce the catch limits recommended by

    shery scientists. The absence o accountability or exceeding limits has allowed

    overshing to continue with impunity. The National Marine Fisheries Service

    (NMFS), the agency responsible or management o U.S. ocean sh populations

    has not stepped in to disapprove management plans that ail to accomplish the

    objective. The result is chronic overshing, a condition characterized by persisten

    levels o shing beyond what is sustainable.

    The ndings o this report indicate that there has been very limited improvement in

    reducing overshing since 1998, when NMFS issued its rst report on the status

    o U.S. sh stocks. The most recent report to Congress on the status o stocks

    (or 2006) actually showed an increase in the number o stocks experiencingovershing, or the rst time in eight years.2 Moreover, the ndings o this repor

    indicate that overshing is still a chronic problem in many U.S. sheries, primarily

    in regions where managers have ailed to employ science-based catch limits and

    to close sheries when the catch reaches those limits. Specic ndings include:

    For the majority (54%) o managed sh stocks, NMFS still does not know i

    overshing is occurring.

    Despite limited progress in reducing the number o stocks subject to overshing

    since 1998, the practice persists and is threatening overall ecosystem health.

    In general, overshing has continued on stocks managed by councils that

    implemented ineective eort-based controls, such as limiting the days a vesse

    can go to sea, rather than enorced catch limits.In regions where annual catch limits are employed and enorced, chronic

    overshing is not occurring.

    The ailure to end overshing ueled the debate over reauthorization o the MSA

    in 2006. The new Magnuson-Stevens Reauthorization Act (MSRA) removes the

    discretion that allowed managers to avoid imposing limits in the past; the MSRA now

    requires annual catch limits in all U.S. sheries as well as accountability measures

    These requirements, together with the stipulation that catch limits may not exceed

    the shing level recommended by the councils scientic advisors,3 are aimed a

    addressing the underlying causes o chronic overshing. Now it is time or NMFS

    to write clear, unambiguous rules or implementing the new requirements and to

    enorce those rules when regional shery management councils ail to comply.

    SUMMARY AND FINDINGS

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    When shing feets take more sh than a population is producing, that stock

    experiences overshing. I allowed to continue or a long period, overshing can

    cause proound changes not only in the target sh stock but also in the sea around

    it. Numerous scientic reports, congressional hearings, and scientic journa

    articles have identied overshing as a persistent problem in U.S. sheries or

    decades,4 with predictable results: many depleted sh stocks have not recovered

    and sheries ail to realize their long-term potential yield.

    For the rst 20 years o U.S. shery management ollowing the passage o

    the Magnuson Fishery Conservation and Management Act in 1976, the law

    required councils to dene overshing or managed species and stipulated

    that they should prevent overshing. But neither the law nor National Marine

    Fisheries Service (NMFS) guidelines explicitly compelled the councils or the

    agency to halt the practice. Many managers have been persuaded to mistrustscientic recommendations or nd them unpersuasive in the ace o stakeholde

    demands. Short-term economic concerns pressure managers to keep catch

    limits high. The 1996 amendments to the Magnuson-Stevens Act attempted to

    tackle overshing by amending management requirements in several key areas

    as shown in the box below.

    But loopholes in the MSA and the regulations implementing the new requirements

    allowed managers to put o tough measures to halt overshing. Managers have

    continued to ignore scientic advice. Fishing has continued without hard and

    ast catch limits, and NMFS never ullled its legal responsibility to disapprove

    decient plans and develop measures to end overshing i a council ailed to do

    so. In some cases, deadlines or recovery o overshed stocks stretch so ar into

    the uture that some stocks may never recover. Ten years ater passage o the

    MSA, overshing is still common practice.

    The ailure to end overshing ueled the debate over reauthorization o the MSA in

    2006. The highest priority in the newly amended law is to end overshing, a chronic

    condition in too many o our nations sheries. The amendments to the sheries law

    require the regional shery management councils to set annual catch limits or al

    managed sheries, accompanied by measures to ensure accountability.5 The new

    law also requires the preparation and implementation o a plan that immediately

    INTRODUCTION: THE WHAT AND WHY OF OVERFISHING

    Limited the allowable catch to maximum sustainable yield (MSY);

    disallowedovershingforeconomicorsocialreasons

    Requiredmanagementplanstodeneovershingusingobjectiveandmeasurablecriteria

    Established deadline for ending overshing and rebuilding depleted

    populations,withsomeexceptions

    MSA AMENDMENTS OF 1996

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    ends overshing and commences rebuilding o overshed stocks within two years

    o being identied as overshed or approaching overshed.6 These requirements

    together with the stipulation that catch limits may not exceed the shing leve

    recommended by the councils scientic advisors,7 are aimed at addressing the

    underlying causes o continued overshing.8

    Chronic overshing has resulted in enormous losses o potential revenue

    exports, jobs, recreation and other economic activity. By one estimate, Americans

    have oregone nearly $3 billion in revenue rom our sheries annually because

    stocks are not producing what they could i overshing ended and populations

    rebounded.9 Despite some encouraging trends in some sheries, the recorddemonstrates that the tough new requirements or annual catch limits are long

    overdue and urgently needed.

    NMFS is now revising its regulatory guidelines to implement the new MSRA

    requirements in order to end overshing. Last revised in 1998, the National Standard

    Guidelines are intended to provide shery management councils with guidance on

    how to implement the laws 10 national standards, the rst o which concerns

    overshing and optimum yield. National Standard 1 stipulates: conservation

    and management measures shall prevent overshing while achieving, on a

    continuing basis, the optimum yield rom each shery.10 To accomplish this goal

    the new rules or implementing annual catch limits and accountability measures

    must provide clear guidance to the councils or risk allowing the councils to interpret

    the law as they see t.

    Even though the short-term eect o stopping overshing may result in reduced

    catches, shorter seasons and decreased incomes, the long-term costs o allowing

    overshing to continue are much higher.

    Requiresmanagementplanstosetannualcatchlimits

    Councilsmustheedrecommendationsofscienticadvisorswhensetting

    catchlimits

    Adds the requirement for accountability measures to ensure that

    objectivesaremet

    Requiresmanagerstoendovershingwithintwoyears

    MSA AMENDMENTS OF 2006

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    Has overshing persisted long enough to be considered chronic? Certainly the

    notion that overshing is something to be avoided has been part o the Magnuson

    Act since its passage in 1976. Since the 1996 amendments, the law has required

    that managers actually keep track o overshing and report to Congress on their

    success at ending it.11

    Using that requirement as a starting point provides almost a decade o inormation

    to consider, as shown in Figure 1. The gure shows that stocks experiencing

    overshing, as a percentage o all managed stocks, have changed very little

    over the period. This is attributable to the act that NMFS has made a number o

    administrative changes which consolidated and reduced the total number o stocks

    evaluated in the annual reports rom over 900 beore 2005 to only 530 since

    2005. In contrast, when one examines the change in the percentage o assessed

    stocks experiencing overshing, the picture seems a bit brighter, as illustrated in

    Figure 2. However, NMFS still does not know i overshing is occurring or abou

    hal (54%) o the stocks that are reported annually to Congress.

    Figure 1. Thebarsrepresentthepercentages,bystatus,ofallmanagedstocksovertheperiod

    forwhichcomparabledataareavailable(1999-2006).Althoughthetotalnumberofmanaged

    stocksreportedtoCongressannuallyhaschangedovertime,thenumberofstockssubjectto

    overshinghasremainedrelativelyconstantatapproximately10%.

    FIGURE 1. STATUS OF ALL MANAGED STOCKS, 1999-2006

    CHRONIC OVERFISHING BY THE NUMBERS

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    The rst annual Report to Congress: Status o Fisheries o the United States, o

    Status o Stocks (SOS) report was issued in 1998. O the 152 species whose

    status was reported in the rst edition o SOS, 102 were classied as overshed

    in 1998. By 2006, one-third (35) o those same species were still reported as

    overshed. Eight o the original species are no longer reported because o changes

    in status or NMFS made changes in how it reported status. 12 Also among the

    stocks no longer appearing in the annual report are 10 species o Pacic salmon

    that are endangered, and 16 species o sharks that were known to be experiencing

    overshing, but disappear rom the list ater their consolidation in a shark complex

    assessed as status unknown. In act, a 2006 report by the Network ound that75 percent o the reduction in the number o stocks subject to overshing is the

    result o administrative shufing and reclassication.13

    Despite these changes and the diculties o assessing trends when the baseline

    o stocks reported to Congress has changed so dramatically, many o the assessed

    stocks listed as experiencing overshing have remained on the list year ate

    year. Depending on how one denes chronic overshing, between 30 and 50

    species14 appear on the list o species being shed too intensively on a routine

    basis, including some o the most important in the country, such as cod and red

    Figure 2. Comparing only assessed stocks, not all stocks, there has been no real

    improvementin thepercentageof stockssubject toovershingsince2001,whichhashoveredaround20percent.

    FIGURE 2. ASSESSED STOCKS SUBJECT TO OVERFISHING,

    1999-2006

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    FIGURE 3. STOCKS SUBJECT TO CHRONIC OVERFISHING,

    1998-2006

    Figure 3. Ofthe49stocksthathavebeensubjecttochronicovershingforsixormoreyears

    since1998,31werestillsubjecttoovershingin2006.Only6speciesactuallyshowedenough

    improvementtobereclassiedasnotovershed.

    snapper. Dening chronic as subject to overshing in six or more o the nine

    years (1998-2006) results in 49 stocks that t the denition. In addition, there are

    the instances where no overshing denition was in place or several years, but

    once it was dened or a stock, overshing has continued rom that time to the

    present adding more stocks.

    The bottom line? Chronic overshing takes a toll. O the 49 stocks on which

    overshing persisted or six or more years o the nine-year period since 1998, 31

    were still subject to overshing in 2006. In addition, the status o 12 shark stocks

    which were previously subject to overshing was reclassied as unknown. By

    2006, only 6 o the stocks suering a six or more year bout o chronic overshing

    showed enough improvement to be reclassied as not overshed. Figure 3

    shows the number o stocks subject to overshing, and or how many years

    they experienced overshing. Table 1, below, is an expanded view o the stocks

    subject to chronic overshing. It lists specic stocks, by council, that have been

    subject to overshing in six or more o the nine years since the rst Status o

    Stocks report assessed them.

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    FIGURE 4: STOCKS SUBJECT TO CHRONIC OVERFISHING BY COUNCIL

    CHRONIC OVERFISHING BY

    MANAGEMENT REGION

    The regional councils with the highest percentages o stocks subject to chronic

    overshing are those that do not employ hard catch limits: the New England

    Councils groundsh complex, the South Atlantic Councils ree sh complex and

    the large coastal shark complex managed by NMFS. Figure 4 shows the percentage

    o managed stocks experiencing chronic overshing by council.

    Neither the Pacic nor North Pacic council had stocks that were subject to

    chronic overshing by this reports denition. Overshing has occurred in some

    years on some species within the Pacic groundsh complex, where managemen

    was conounded by lack o data and fawed assumptions in stock assessmentsSubsequent management actions to limit catches on seven badly overshed

    rocksh stocks have prevented chronic overshing, but it took a lawsuit by

    conservation groups to compel council action. In the North Pacic, intermittent

    overshing has occurred on several crab stocks, but imposition o reduced catch

    limits also prevented overshing rom becoming chronic.

    The most telling point is that where managers ended overshing, and stocks

    were healthy enough to be reclassied rom overshed to not overshed, the

    management plans included concrete annual catch limits that were enorced

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    SOURCES OF CHRONIC OVERFISHING

    Lack o rm catch limits, absence o eective accountability measures, ailure

    to heed scientic advice on limits, and risky decision-making are all major actors

    contributing to chronic overshing. Even though ending overshing has been

    a goal o shery management since at least 1976, these actors have made

    it dicult or managers to accomplish the goal. Managers in councils and the

    agency have oten knowingly allowed overshing to continue; New England

    groundsh, mid-Atlantic summer founder, and Gul o Mexico red snapper are al

    examples o this. NMFS has approved council plans that did not end overshing

    within required time limits.

    Absent or Inadequate Annual Catch Limits (ACLs). The most blatant is theabsence o annual catch limits on a shery. Examples o this include: New England

    groundsh such as cod and haddock managed under the Northeast Multispecies

    Complex Fishery Management Plan (FMP); snowy grouper, golden tilesh, black

    sea bass and vermilion snapper managed under the South Atlantic Snapper Groupe

    FMP; and summer founder managed by the Mid-Atlantic Summer Flounder, Scup

    and Black Sea Bass FMP. In the rst, the shery is controlled by eort limits such as

    mesh size and days-at-sea rather than catch limits. In the South Atlantic, size, gea

    and area restrictions have been applied unsuccessully. In the Mid-Atlantic, ACLs

    are inadequate because while total landings are limited, total catch is not, making

    it dicult to determine the extent to which discards are contributing to shing

    mortality. Finally, some councils, like New England, knowingly set ACLs that allow

    overshing in a misguided attempt to mitigate short-term economic impacts.

    Risk-Prone Decision-Making. Another source o chronic overshing is reluctance

    by managers to apply the precautionary approach when they lack the specic

    inormation to manage many individual components o a mixed species shery

    Despite guidance to the contrary,16 managers err too oten in avor o risky shing

    rather than sustainable shing. In the ace o uncertainty and pressure rom

    the shing industry, shery managers tend to base their decisions on an overly

    optimistic view o the condition o shery resources. The result is that no catch

    limits are set, or limits are set at a point that does not allow a margin o error

    or uncertainty in underlying inormation or changes in environmental conditions

    These risk-prone decisions eventually result in overshing.17

    In the case o Pacic groundsh, or example, the Pacic Fishery ManagementCouncil set catch limits too high in the 1990s based on inadequate inormation and

    optimistic assumptions regarding the health o groundsh stocks. Managers were

    initially slow to act at the rst signs o distress because o limited inormation

    about these species. Better inormation by the late 1990s revealed that long-

    lived rocksh have among the lowest productivity rates o any sh in the world

    and indicated that the stocks were badly depleted, and thus the catch limits had

    been too high to sustain healthy stocks. As a result, the Secretary o Commerce

    declared the shery a disaster in 2000.

    New England Groundfsh

    The sorry state of cod, ounder andhaddock off New England became theposter child for the ght to end chronicovershing. The shery rst came underamanagementplanin 1985.By 1989,thecouncilhadadmittedwhatscientistshadbeen saying for years about overshing,but continued to delay action to deviseconcretemeasurestostopovershing.

    Despite a lawsuit, congressionalintervention, changes in the law aimeddirectly at their inaction, declaration ofa shery disaster, and a multi-millionfederal bailout, the council still manageswithout catch limits. The combinationof effort-based controls such as amoratoriumonnewshingpermits,days-

    at-sea restrictions, and trip limits underamendments to thegroundshplanhavefailedtoendovershingofthefamedcodstocksofGeorgesBankandGulfofMaine.

    Although shing mortality does appearto have declinedfrom the peak levels ofthe early 1990sand the cod stocks haverebounded slightly from the record-lowlevelsofthemid-1990s,bothstocksarestillexperiencing overshing and spawningstocks remain far below the targetrebuildingbiomasslevels.

    Ironically,thespeciesthathasrecovered

    most yellowtailounderis subject toahardbycatchcapimposedaspartofaprogram to allow scallop shermen intogroundshclosureareas.

    The New England groundsh crisisillustrates the consequences of ignoringscienticadviceandknowinglyovershingin a misguided attempt tomitigate short-termeconomicandsocialimpacts.

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    Summer ounder is second only to striped bass in its popularity

    withMid-Atlanticanglers,andisinthetop10forbothcommercial

    andrecreationalspeciesinpoundsandnumbersofshlanded.Yet

    summerounder,alsoknownasuke,hasbeensubjecttoovershing

    foryearsinbothsectors.Conservationgroupssuedsuccessfullyin

    1999arguingthatquotasweresettoohigh.AsrecentlyasNovember

    2007,managerswereurgingallowablelandingsinexcessofscientic

    recommendationsandcomplainingthatthecurrentlimitsaretoolow.

    TherecreationalsheryforukewasshutdowninNovemberafter

    exceedingthequota.

    The council approved the rst plan for summer ounder in 1988;

    an overshing denition was adopted in 1991 and quotas set for

    therst time in 1993.Initialmanagementmeasures included gear

    specications, mesh restrictions, minimum sh sizes, possession

    limitsandarearestrictions.Lateractionlimitedentrytotheshery.

    Managers have been trying to cut shing mortality on summer

    oundersincethelate1980s,butanunwillingnesstoimposeeconomic

    burdensonshermen,overlyoptimisticquotasetting,underreporting

    from states, dealers and shermen, all contributed to excessive

    catches.Overagesintherecreationalsheryandtoalesserexten

    thecommercialsheryhaveallcontributedtoexcessivecatches.

    Stateandfederalmanagershaveadheredtoarisk-pronepolicyo

    settingthesummerounderlandinglimitatthemaximumallowable

    level,allowingnomarginofsafetyagainstdiscardmortalityorexcess

    catchintherecreationalsector.Asaconsequenceshingmortalityon

    thisstockhassurpassedtargetlevelsconsistently,resultinginchronic

    overshing. The 2006 stock assessment advised a precautionary

    TotalAllowableLandings(TAL),lowerthanwhatmightbeindicated

    byprojections,tocompensateforthehistoryofunderestimationo

    shingmortalityandoverestimationofstockbiomass.

    Most recently, the council and states have recommended a 2008

    TAL well well above recommendations of their scientists. NMFS

    has issued a proposed rule that fails to adhere to the scientic

    recommendationsandcautionaryadviceofferedbytheagencysown

    regionaladministrator.

    Ignoring the Best Available Science. Yet another contributor to chronic

    overshing is a ailure by managers to ollow the scientic advice provided to

    them by their own experts. For example, stock assessment scientists urged a

    50 percent reduction in mortality or spiny dogsh or many years, only to be

    overruled repeatedly in council votes. As predicted, overshing continued until

    2003, and spiny dogsh continue to be depleted today. In the case o red snapper

    in the Gul o Mexico, scientists have been recommending catch levels be set

    well below what the council has consistently allowed, delaying rebuilding o this

    stock indenitely.

    One o the reasons Gul o Mexico scientists have urged tighter limits on red

    snapper catch is because this species is subject to extraordinary levels o bycatch

    mortality; perhaps as many as 80 percent o juvenile snappers are killed in other

    sheries. Bycatch o overshed species such as yelloweye rocksh (in directed

    sheries on the rest o the Pacic groundsh complex) has complicated rebuilding

    plans there. Bycatch (the catching and killing o non-target sh and other ocean

    wildlie) is one reason why catch or mortality limits are exceeded. Others include

    lack o enorcement, ailure to account or exceeding caps in subsequent season

    limits, and just plain cheating.

    SUMMER FLOUNDER

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    Lack of Accountability. It is not enough just to have a catch limit. Instances where

    limits are in place but are routinely exceeded underscore the need or accountability

    measures to accompany catch limits. For example, discards in the summer founde

    shery in the Mid-Atlantic are not monitored. The shery operates with a size limi

    so that both the commercial and recreational sectors discard undersized sh

    Mortality associated with these discards is not adequately accounted or in setting

    catch limits. Further, landings rom the recreational sector in that shery and in the

    Gul o Mexico red snapper shery are not known until ater the season has ended

    The recreational limits have been exceeded annually in both sheries or many

    years without any reduction in the limits or subsequent seasons.

    In another example o the need or accountability, the large Pacic whiting traw

    shery was closed in summer 2007 ater it exceeded the widow rocksh bycatch

    limit established based on the rebuilding plan or this overshed stock. In one

    case, enorcement ocers ound that a whiting boat had disabled its monitoring

    camera and dumped an unreported widow rocksh catch overboard.

    GULF OF MEXICO RED SNAPPER The red snappershery has alonghistoryin theGulfofMexico.

    Fishingforredsnapper,apopularfoodandgamesh,commercially

    datesbacktothelate19thcenturyandrecreationalshingintheGulf

    forredsnappertookoffinthemiddleofthe20thcentury.Decades

    ofpopularityamongcommercialandrecreationalshermenledtoa

    steadydeclineinredsnapperabundanceintheGulfofMexico.In

    addition, shrimp trawlerskilllarge numbers (up to25 to45million

    annually)ofjuvenileredsnapperasbycatch,shthatneverhavean

    opportunitytoreproduce.Todaythepopulationofmatureredsnapper

    isestimatedtobeonlyaboutthreepercentofhistoricallevels.

    Scientists rstassessed redsnapper asovershed in1988.Catch

    limitswererstsetin1990.Varyingsizelimits,closedseasons,triplimits,andbaglimitshaveallbeenusedtoreducethecatchofred

    snapperbycommercialandrecreationalshermen.Fisherymanagers

    alsorequiretheuseofbycatchreductiondevicesinshrimptrawlsto

    allowjuvenileredsnappertoescapethetrawls.Unfortunately,catch

    limitswereexceededregularlybyshermenandbycatchreduction

    devicesdidnotreducetheamountofredsnapperkilledbyshrimpers

    asmuchasanticipated.Becauseofthis,sherymanagerspushed

    backtherebuildingdeadlinesforredsnapperfromasearlyas2000

    untilthecurrentdateof2032.

    In addition, shery managers blatantly set the catch limit fo

    red snapper 50% higher than the recommendations of their own

    scientistsin2005.Thisshort-termthinkingledtomoreandgreate

    cutsinshingin2007andputofftheeconomicrewardsofarebuil

    redsnappershery.Infact,afederalcourtruledinMarch2007that

    sherymanagersbasedtheexistingplantorebuildredsnappero

    awedlogic,notscience,anddidnotfollowthelaw.

    Duetothislawsuit,theGulfofMexicoFisheryManagementCouncil

    votedinJune2007tosetacatchlimitforredsnapperbasedonthe

    adviceoftheirscientistsforthe2008shingyear.TheGulfCouncalso put new restrictions on shrimpers to reduce the amount o

    bycatchofredsnapperintheirtrawls.

    NowitisuptotheNationalMarineFisheriesServicetoimplemen

    thesenewrulesinordertorebuildtheredsnappersheryinth

    GulfofMexicosothattherearemoreshingopportunitiesin the

    future,notfewer.

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    The new provisions in the MSRA remove the remaining discretion that has allowed

    shery management councils to put economic considerations above biologica

    imperatives. These provisions close the loopholes with respect to the time allowed

    or responding to overshing, and they demand that managers heed the advice o

    their scientic experts. NMFS is now proceeding with rulemaking to implement

    the new directions called or in the MSRA. NMFS plans to have guidelines in

    place in 2008 that will incorporate guidance or annual catch limits into its existing

    guidelines or National Standard 1. Councils have until 2010 to bring their plans

    into compliance with new requirements to end overshing through the use o

    ACLs and accountability measures or stocks subject to overshing, and 2011 o

    all other stocks. In the meantime, councils are required to ollow scientic advice

    when setting catch limits.

    Critical issues that advocates will watch or in the coming months include

    application o the precautionary approach, avoiding the boom and bust cycles tha

    result rom targeting displaced eort to unassessed stocks, rigorous response

    either in-season or in subsequent years to cases where shing exceeds annua

    limits, and explicit guidance or moving toward a more holistic, ecosystem-based

    approach to shery management, in which the ood needs o other sh and wildlie

    are considered and accounted or when setting ACLs.19

    To ensure that the new provisions are eective, NMFS must write strong rules

    and enorce compliance when councils ail to live up to the intent o Congress. TheNetwork believes that the revised National Standard 1 guidelines must include the

    eatures summarized in the next page.

    HOW MSRA CAN HELP

    MANAGERS END OVERFISHING

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    END NOTES

    1 National Research Council. 1999. Sustaining Marine Fisheries. National Academy Press. Washington, D.C.

    2 NOAA Fisheries. Report to Congress: Status o Fisheries o the United States or 2006.

    3 MSRA Sec. 302(h)(6) (16 U.S.C. 1852(h)(6))

    4 See, or example, CEQ, 1981; American Fisheries Society, 1989; Fox et al, 1990; S.Rpt. 101-414, 1990; Hearings House MerchanMarine & Fisheries on H.R. 780, 1993; Our Living Oceans, 1999.

    5 MSRA Sec. 303(a)(15) (16 U.S.C. 1853(a)(15))

    6 MSA Sec. 304(e)(3).

    7

    MSRA Sec. 302(h)(6) (16 U.S.C. 1852(h)(6))8 See USCOP (2004), Recommendations 19-1, 19-2, and 19-3 requiring regional FMCs to set catch limits within the bounds

    recommended by the councils science and statistical committees.

    9 Somma, A. 2003. The environmental consequences and economic costs o depleting the worlds oceans. Economic Perspectiveselectronic journal o the U.S. Department o State. Vol. 8 No. 1, Jan. 2003. Available online at http://usino.state.gov/journalsites/0103/ijee/somma.htm

    10 MSA sec. 301(a)(1); 16 U.S.C. 1851.

    11 The Secretary shall report annually to the Congress and the Councils on the status o sheries within each Councils geographicaarea o authority and identiy those sheries that are overshed or are approaching a condition o being overshed. For thosesheries managed under a shery management plan or international agreement, the status shall be determined using the criteria oovershing specied in such plan or agreement. 16 U.S.C. 1854(e)(1).

    12 No longer appearing in SOS are two stocks o silver hake, one determined in 2002 to be rebuilt, the other in 2003 to be rebuildingred hake, whose status was last reported in 2001 as unknown; Bering Sea snow crab, not overshed as o 2005, Washington-

    Oregon-Caliornia Bank rocksh, not overshed as o 2000; Washington-Oregon-Caliornia silvergrey rocksh, whose last status wasreported as unknown in 2002; yellowtail snapper, reported last in 2003 as not overshed; pelagic armorhead, combined in a complexin 1999, and squirrelsh snapper, also combined in a complex in 1999 and reported as not overshed.

    13 For a detailed examination o how administrative changes aected the picture o stock status, see, Marine Fish ConservationNetwork. Shell Game: How the Federal Government is Hiding the Mismanagement o Our Nations Fisheries. Washington, D.C.(2005).

    14 The Status o Stocks Report to Congress lists stocks rather than species. Some o these stocks are collections o species groupedor separated or management purposes, sometimes to account or geographically discrete populations o the same species, or oother reasons. This report has attempted to examine not only the complex but also the component species within it. Where SOShas split a species into several stocks, or grouped species into a complex the analysis ollows the species groupings assessed inOur Living Oceans, which preceded the SOS.

    15 Marine Fish Conservation Network. Gul o Mexico Fishery Management Council Report. Washington, D.C. (2006).

    16 Restrepo (Convenor) et al. 1998. Technical Guidance on the Use o Precautionary Approaches to Implementing National Standard 1

    o the MSFCMA. NOAA Technical Memorandum NMFS-F/SPO July,1998.17 National Marine Fisheries Service. 1991. Strategic Plan.

    18 In the past, shery managers operated under a presumption that in the absence o inormation about a stock, especially a previouslyunexploited one, shing could proceed without restriction. As established sheries became depleted, feets moved on to newtargets. Without status inormation or catch limits, stocks such as monksh, spiny dogsh and tilesh soon became overshed,too.

    19 National Research Council, Committee on Ecosystem Eects o Fishing, Phase II. Dynamic Changes in Marine Ecosystems: FishFood Webs, and Future Options. National Academies Press, Washington, D.C. (2006) 160 pp.

    The Marine Fish Conservation Network wishes to acknowledge the work o Sherry L. Bosse, JD, and Suzanne Iudicello

    JD, in preparation o the background documents and analysis that went into this report.

    Photo Credits: All photos are rom the National Oceanic and Atmospheric Administration Library.

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    Marine Fish Conservation Network

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    The Marine Fish Conservation Network is the

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