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Sharing the Fish: Toward a National Policy on Individual Fishing Quotas (1999)

Chapter: D National Standards in the Magnuson-Stevens Fishery Conservation and Management Act

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Suggested Citation:"D National Standards in the Magnuson-Stevens Fishery Conservation and Management Act." National Research Council. 1999. Sharing the Fish: Toward a National Policy on Individual Fishing Quotas. Washington, DC: The National Academies Press. doi: 10.17226/6335.
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Appendix D National Standards in the Magnuson-Stevens Fishery Conservation and Management Act1

  • (a)  

    IN GENERAL—Any fishery management plan prepared, and any regulation promulgated to implement any such plan, pursuant to this title shall be consistent with the following national standards for fishery conservation and management:

    • (1)  

      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.

    • (2)  

      Conservation and management measures shall be based on the best scientific information available.

    • (3)  

      To the extent practicable, an individual stock of fish shall be managed as a unit throughout its range, and interrelated stocks of fish shall be managed as a unit or in close coordination.

    • (4)  

      Conservation and management measures shall not discriminate between residents of different States. If it becomes necessary to allocate or assign fishing privileges among various United States fishermen, such allocation shall be (A) fair and equitable to all such fishermen; (B) reasonably calculated to promote conservation; and (C) carried out in such

1  

16 U.S.C. 1851, Sec. 201.

Suggested Citation:"D National Standards in the Magnuson-Stevens Fishery Conservation and Management Act." National Research Council. 1999. Sharing the Fish: Toward a National Policy on Individual Fishing Quotas. Washington, DC: The National Academies Press. doi: 10.17226/6335.
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  • manner that no particular individual, corporation, or other entity acquires an excessive share of such privileges.
  • (5)  

    Conservation and management measures shall, where practicable, consider efficiency in the utilization of fishery resources; except that no such measure shall have economic allocation as its sole purpose.

  • (6)  

    Conservation and management measures shall take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches.

  • (7)  

    Conservation and management measures shall, where practicable, minimize cost and avoid unnecessary duplication.

  • (8)  

    Conservation and management measures shall, consistent with the conservation requirements of this Act (including the prevention of overfishing and rebuilding of overfished stocks), take into account the importance of fishery resources to fishing communities in order to (A) provide for the sustained participation of such communities, and (B) to the extent practicable, minimize adverse economic impacts in such communities. [Added in 1996]

  • (9)  

    Conservation and management measures shall, to the extent practicable, (A) minimize bycatch and (B) to the extent bycatch cannot be avoided, minimize the mortality of such bycatch. [Added in 1996]

  • (10)  

    Conservation and management measures shall, to the extent practicable, promote the safety of human life at sea. [Added in 1996]

Suggested Citation:"D National Standards in the Magnuson-Stevens Fishery Conservation and Management Act." National Research Council. 1999. Sharing the Fish: Toward a National Policy on Individual Fishing Quotas. Washington, DC: The National Academies Press. doi: 10.17226/6335.
×
Page 258
Suggested Citation:"D National Standards in the Magnuson-Stevens Fishery Conservation and Management Act." National Research Council. 1999. Sharing the Fish: Toward a National Policy on Individual Fishing Quotas. Washington, DC: The National Academies Press. doi: 10.17226/6335.
×
Page 259
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Sharing the Fish: Toward a National Policy on Individual Fishing Quotas Get This Book
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Most U.S. fish stocks are fully or over-exploited, and harvesting in many fisheries far exceeds sustainable levels. The individual fishing quota (IFQ) is a relatively new instrument under which harvesting privileges are allocated to individual fishermen—innovative yet controversial for its feared effect on fishing communities and individual fishermen.

Based on testimony from fishermen, regulators, environmentalists, and others, Sharing the Fish explores how IFQs might address the serious social, economic, and biologic issues raised by depleted fish stocks. In their approach to a national policy on IFQs, the panel makes direct recommendations to Congress, the Secretary of Commerce, the National Marine Fisheries Service, regional fishery management councils, state authorities, and others.

This book provides definitions and examples, reviews legislation and regulations, and includes lessons learned from fisheries on the U.S. East Coast and in Alaska, and in Iceland, New Zealand, and other nations. The committee discusses the public trust doctrine, management of common-pool resources, alternative and complementary approaches to the IFQ, and more.

Sharing the Fish provides straightforward answers that will be important to fishery policymakers and regulators, natural resource economists, fishery managers, environmental advocates, and concerned fishermen and their communities.

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