Appendix E History of Changes to the Magnuson-Stevens Fishery Conservation and Management Act1

Public Law No.

Name and Major Provisions

95-6 (1977)

"Fishery Conservation Zone Transition Act."

Technical amendments.

95-354 (1978)

"Processor preference" amendment.

Foreign vessels could receive U.S.-harvested fish only if surplus to needs of U.S. processors.

96-61 (1979)

"Packwood-Magnuson Amendment."

Provided decreased allocations for nations diminishing the effectiveness of the International Whaling Convention.

96-118 (1979)

Technical amendments.

96-470 (1980)

Technical amendments.

96-561 (1980)

"American Fisheries Promotion Act."

Changed name of statute to "Magnuson Fishery Conservation and Management Act."


1  

Source: NOAA's Office of General Counsel for Fisheries, 1998.



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--> Appendix E History of Changes to the Magnuson-Stevens Fishery Conservation and Management Act1 Public Law No. Name and Major Provisions 95-6 (1977) "Fishery Conservation Zone Transition Act." Technical amendments. 95-354 (1978) "Processor preference" amendment. Foreign vessels could receive U.S.-harvested fish only if surplus to needs of U.S. processors. 96-61 (1979) "Packwood-Magnuson Amendment." Provided decreased allocations for nations diminishing the effectiveness of the International Whaling Convention. 96-118 (1979) Technical amendments. 96-470 (1980) Technical amendments. 96-561 (1980) "American Fisheries Promotion Act." Changed name of statute to "Magnuson Fishery Conservation and Management Act." 1   Source: NOAA's Office of General Counsel for Fisheries, 1998.

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-->      Added provision for 100% observer coverage in foreign fisheries. Significantly raised foreign fishing fees. Established pro-development criteria for use in allocating surplus fishery resources ("fish and chips"). 97-191 (1982) Allowed foreign processing in internal waters if approved by State Governor. 97-453 (1983) Added a provision on foreign recreational fishing. Established a supplemental observer program. Changed composition of Western Pacific Council. Modified process for Council appointments. Removed Councils from Federal Advisory Committee Act requirements. Required submission of proposed regulations along with a fishery management plan (FMP) or amendment. Added data collection program if requested by Council. Expedited Secretarial review by placing a deadline on the decision to approve or disapprove an FMP amendment. Allowed States to share permit fees if they administer the permitting system. Required Secretary to promulgate regulations implementing an FMP or amendment within 10 days of receipt. Changed circumstances under which the Secretary may issue emergency regulations; lengthened effective time periods; required Secretary to issue emergency regulations if unanimous vote of Council. Directed the Secretary to comply with the Paperwork Reduction Act, the Regulatory Flexibility Act, and E.O. 12291 within the time limits set for FMP implementation. Extended State jurisdiction to certain "pockets of water" within the exclusive economic zone (EEZ). Gave Secretary subpoena power in civil penalty hearings. Removed imprisonment as a sanction for foreign fishing violations. Gave general arrest authority to enforcement officers. 98-623 (1984) Added more development criteria for foreign allocation decisions. Specified that national standard guidelines are advisory. Extended State jurisdiction to certain "pockets of water" within the EEZ.

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--> 99-386 (1986) Technical amendments. 99-659 (1986) Asserted sovereign rights over fish in the newly acclaimed exclusive economic zone. Required foreign fishing vessels to meet health and safety standards. Clarified the annual nature of a foreign fishing permit and specified procedures for temporary suspension of permit. Added a surcharge to foreign fishing fees for nations harvesting unacceptable levels of U.S.-origin anadromous species. Directed Secretary to make appointments so fishery participants are fairly represented. Required Federal agencies to respond to Council comments on activities affecting fishery habitat; made habitat information a mandatory part of FMPs. Established financial disclosure requirement for Council members and executive directors. Directed Councils to consider temporary adjustments regarding access to fisheries for those affected by weather. Revised procedure for preliminary review of FMPs and amendments and shortened schedule for publication of proposed rules. Modified fishery research provision to ensure more participation by Councils. Made technical amendments to civil penalty and forfeiture provisions. Prohibited, with criminal sanctions, submission of false information concerning processing capacity or other matters. Allowed sums from penalties and forfeitures to be used to pay storage costs and rewards. 100-66 (1988) Technical amendment. 100-239 (1988) Redefined "vessel of the United States." 100-629 (1988) Required transponders on foreign fishing vessels. Prohibited foreign fishing vessels not authorized to "engage in fishing" from operating in the EEZ without their gear stowed below deck or otherwise made unusable for fishing.

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--> 101-627 (1990) "Fishery Conservation Amendments of 1990." Provided management authority over tuna as of January 1, 1992. Restored original provision for setting total allowable level of foreign fishing. Limited Council members to no more than three consecutive terms and decreased their compensation from GS- 18 to GS-16. Allowed Councils to meet outside their areas of authority but within their constituent states; required Regional Director to submit written minority statement. Required each Council to establish a fishing industry advisory committee and to comment on federal and state activities that are likely to affect habitat of anadromous fish. Added to required contents of FMPs, including a "fishery impact statement," and added to discretionary contents of FMPs permits and fees for vessel operators and fish processors. Clarified that state employees may receive confidential data pursuant to an agreement. Directed the Secretary to promulgate regulations restricting use of information collected by voluntary observers. Required publication of a strategic plan for fisheries research every three years. Gave the Secretary management authority over highly migratory species (tuna and other pelagics) in the Atlantic, Gulf of Mexico, and Caribbean. Directed the Secretary to conduct research on incidental harvest in shrimp trawl fishery and restricted until January 1, 1994, measures to reduce mortality of nontarget resources in that fishery. Facilitated judicial review of "framework actions” and expedited all review proceedings. Added to prohibited acts the theft of fish and fishing gear, forcible assault on an observer, large-scale driftnet fishing under U.S. jurisdiction, roe stripping, and violation of an international fishery agreement or regulations implementing it. Increased maximum civil penalty from $25,000.00 to $100,000.00; specified the Secretary may suspend or revoke domestic permits and made other changes to permit provisions.

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-->      Added assault on an observer as a criminal offense; increased maximum fines from $50,000.00 to $100,000.00 and (for aggravated offenses) from $100,000.00 to $200,000.00. Established new uses for the fund from penalties and forfeitures. Provided for a North Pacific Fisheries Research Plan, financing observers through fees paid by all fishery participants. 102-251 (1992) Implemented U.S.-U.S.S.R. maritime boundary agreement by adding three "special areas" to management authority. The amendments will not take effect until the agreement enters into force for the United States. Authorized State Department to negotiate a three-year fishery agreement with Russia for access to "special areas." 102-567 (1992) Restored authority to conduct fisheries research, deleted by P.L. 101-627. Provided for agreements between the Secretary and New England States for enforcement of the Multispecies FMP and for Coast Guard-industry working group; ear-marked penalties to enforce that FMP. Established Northwest Atlantic Ocean Fisheries Reinvestment Program. 102-582 (1992) Lifted three-term limit on Council appointments for 1993 cycle. Increased limit on fees charged under North Pacific Fisheries Research Plan from 1% to 2%.