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Magnuson-Stevens Act bill would lift IFQ moratorium
Published: Monday, April 29, 2002
The House Resources Committee will hold a hearing this week to examine a bill reauthorizing and amending the
Magnuson-Stevens Fishery Conservation and Management Act. The bill would lift the moratorium on individual
fishing quotas (IFQs), initiate ecosystem-based fisheries management, expand the definition of bycatch and
change essential fish habitat requirements, among other things.
IFQs
The still-unnumbered bill would do away with the IFQ moratorium in place since 1996 while allowing regional
fishery management councils wide berth to tailor the quota systems to each fishery. For example, each council
may decide who can participate in a fishery, subject to a 60 percent vote.
The councils are required to prevent any quota holder from acquiring an excessive share of quotas and a
community may not hold more than 1 percent of the total authorized harvest in a fishery. Councils may include a
system to allow a portion of the annual harvest to go to entry-level fishermen, small vessel owners or crew
members who do not qualify for a quota.
The bill specifies a number of things councils must consider when developing IFQs, including conservation
needs, present participation in a fishery, historical fishing practices, and a number of socioeconomic and cultural
considerations. Furthermore, the bill caps annual fees and requires the administration or council to review the
plans every five years.
Finally, the bill clearly states that IFQs are equivalent to permits. IFQs do not confer any right of ownership to the
quota holder and if the quotas are revoked or limited in any way, the holder is not eligible for any compensation.
A council or administration may also terminate an IFQ system at any time.
Ecosystem-based management
The bill adds to the Magnuson Act language reflecting the intent of Congress to support and encourage
ecosystem-based approaches to fishery conservation and management. The secretary and councils are required
to define "ecosystem" and "marine ecosystem" and establish criteria for ecosystem-based management plans for
each of the eight regional councils.
Moreover, the fisheries service and councils are required to identify specific marine ecosystems with each region,
then develop and implement research plans for each region to fill any data gaps the service identifies.
Bycatch
The committee is proposing to add birds to the definition of bycatch because birds are often caught in fishing
nets or longlines, in addition to marine species. The proposed bycatch provisions also require the councils to
standardize bycatch reporting methods in each fishery management plan within one year of the plan's
enactment, thereby creating a standardized way to assess bycatch in each fishery.
The fisheries service is also required to identify significant bycatch problems and work with the councils and
fishing industry to develop new fishing gear or modify existing gear to minimize bycatch. Finally, the bill
authorizes funds for a new research grant to develop gear technology.
Essential fish habitat
This section requires that funding for research on essential fish habitat (EFH) be prioritized for the fisheries that
are overfished or are approaching an overfished condition, as identified by the fisheries service in formal
analyses. This section also requires the councils to minimize adverse impacts on EFH based on growth,
FISHERIES:

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reproduction or survival rates of fish in the habitat area; production rates in the area; or knowledge of specific
practices that the fisheries service determines has an adverse effect on essential fish habitat and harvests.
Miscellaneous
The bill also calls for:
a report from the administration identifying and describing the 20 U.S. fisheries that face the worst
problems with excess harvesting capacity, also known as overcapitalization;
a change in the buyout program so that rather than allowing a buyout of vessels or permits, buyouts
would target vessels and all existing permits;
the administration to coordinate with coastal states and recreational fishermen on data collection,
and report to Congress on what kinds of economic data fishery managers need from processors;
an administrative report to Congress on creating a national observer program;
separating the definition of overfished and overfishing, as recommended by the National Marine
Fisheries Service;
development of artificial oyster structures in the Chesapeake Bay; and
allowing councils to use commercial or charter vessels to gather data on stocks.
The bill proposes to authorize an average of $200 million per year through 2007.
Schedule: The hearing begins at 10 a.m., Thursday, May 2, in 1334 Longworth.
Witnesses: Those invited to testify include William Hogarth, chief of the National Marine Fisheries Service; Rick
Savage, chairman of the Mid-Atlantic Fishery Management Council; Richard Gutting, National Fisheries Institute;
Robert Hayes, Coastal Conservation Association; Lee Crockett, Marine Fish Conservation Network; Edward
Houde, professor, University of Maryland Center for Environmental Science; and Zeke Grader, Pacific Coast
Federation of Fishermen's Associations.
-- Natalie M. Henry
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