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Domestic Fisheries News and Topics

An Update on the Advance Notice of Proposed Rulemaking to Revise National Standard 1 Guidelines

National Standard 1 states that, “conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the U.S. fishing industry.”  The National Standard 1 Guidelines assist Regional Fishery Management Councils (Councils) and NOAA Fisheries in the development of fishery management plans by providing advice on how to interpret the National Standard 1 requirements of the Magnuson-Stevens Fishery Conservation and Management Act. NOAA Fisheries last updated the National Standard 1 Guidelines in 2009 to help implement Annual Catch Limits (ACLs) and Accountability Measures (AMs). Since 2007, all Federal Fishery Management Plans have been amended to implement ACLs and AMs.

During implementation of ACLs and AMs, stakeholders and managers identified a number of issues regarding the application of the guidelines. As a result of this feedback, NOAA Fisheries published an Advance Notice of Proposed Rulemaking (ANPR) on May 3, 2012, to request public comment on potential revisions to the National Standard1 guidelines. This provided the public with a formal opportunity to comment on the specific ideas mentioned in the ANPR, as well as any additional ideas and solutions that could improve the National Standard 1 Guidelines. The public comment period ended on October 12, 2012. NOAA Fisheries received 76 letters from Councils, State Agencies, environmental non-governmental organizations (NGOs), the fishing industry, restaurateurs, and the public. NOAA Fisheries also received 27,986 letters/postcards from 3 environmental NGO writing campaigns. A summary of the comments received can be viewed here. To view the original comments, please visit www.regulations.gov and enter “NOAA-NMFS-2012-0059” in the keyword search.

The comments received reflect the diversity of U.S. fisheries and the need for flexibility in the guidelines. NOAA Fisheries is currently reviewing the comments and considering various approaches to address some of the issues raised. Some issues could be addressed through revisions to the National Standard 1 guidelines, while others could be addressed through technical guidance or policy directives. Any revisions to the National Standard 1 guidelines will be made through a long-term rulemaking process. NOAA Fisheries is looking for additional opportunities to engage the Councils and public before publishing a proposed rule.

In February 2013, NOAA Fisheries provided an update on the National Standard 1 Guidelines process to the Council Coordination Committee, which is a committee consisting of the Chairs, Vice-Chairs, and Executive Directors of each of the eight Councils. Issues related to National Standard 1 will also be discussed at the upcoming Managing Our Nation’s Fisheries 3 conference being held May 7-9, 2013, in Washington, D.C. For more information on the conference please visit: www.managingfisheries.org.


View Related NS1 Materials

National Standard 1 Guidelines National Standard 1 - 2009
Current Guidelines
National Standard 1 Advance Notice of Proposed Rulemaking National Standard 1
Advance Notice of Proposed Rulemaking
Extension of Public Comment Period for the National Standard 1 Advance Notice of Proposed Rulemaking Extension of Public Comment Period
For the National Standard 1 Advance Notice of Proposed Rulemaking
Reopening of the Public Comment Period for the National Standard 1 Advance Notice of Proposed Rulemaking Reopening of the Public Comment Period
For the National Standard 1 Advance Notice of Proposed Rulemaking
NS1 ANPR Summary of Comments Received NS1 ANPR Summary of Comments Received
Public Comment Period May 3, 2102 to October 12, 2012
NS1 Guidelines Presentation NS1 Guidelines Presentation
February 2013 Council Coordination Committee meeting
Frequently Asked Questions

Frequently Asked Questions
Related to ACLs and National Standard 1


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Advance Notice of Proposed Rulemaking to Revise National Standard 10 Guidelines

On April 20, 2011, NMFS filed with the Federal Register an advance notice of proposed rulemaking to revise the National Standard 10 Guidelines and is requesting public comment on potential revisions to the Guidelines. National Standard 10 of the Magnuson-Stevens Fishery Conservation and Management Act states "Conservation and management measures shall, to the extent practicable, promote the safety of human life at sea." The National Standard 10 Guidelines are the primary source of NMFS guidance for the consideration of safety issues in fishery management.

The current National Standard 10 Guidelines were published in 1998. Fishery management and fishing vessel safety science have changed and improved in recent years. NOAA Fisheries Service believes it is appropriate and timely to revise the National Standard 10 Guidelines and is seeking public comment on potential revisions to the guidelines. Through the revision of the Guidelines, NOAA Fisheries Service intends to enhance consideration of safety issues in fisheries management. Upon consideration of public input that NOAA receives during this comment period, the agency will propose revisions to the National Standard 10 Guidelines, and then will hold another public comment period.

NOAA Fisheries Service will be holding public meetings on National Standard 10 during the comment period for the advanced notice of proposed rulemaking. At these meetings, presentations on National Standard 10 will be given and the public will be allowed to comment. The meeting location and dates are listed below. The established times for the National Standard 10 presentations during the various Regional Fishery Management Council meetings may be adjusted as necessary to accommodate the timely completion of discussion relevant to other items on the Councils' agendas.

May 19, 2011 - 1:00pm to 3:00pm
NOAA Science Center
1301 East-West Highway, Silver Spring, MD, 20910
June 10, 2011 - 1:00pm to 1:45pm
Joint Fishery Management Council Session: South Atlantic/Gulf of Mexico
Marriott Beachside Hotel
3841 North Roosevelt Boulevard, Key West, Florida 33040
June 16, 2011 - 9:00am to 10:00am
Mid-Atlantic Fishery Management Council Meeting
Danfords Hotel & Marina
25 East Broadway, Port Jefferson, New York 11777
June 21, 2011 - Afternoon Session
New England Fishery Management Council Meeting
Holiday Inn by the Bay
88 Spring Street, Portland, Maine 04101
July 19, 2011 - 10:00am to 12:00pm
Swedish Cultural Center
1920 Dexter Ave N, Seattle, Washington 98109

Written comments and information concerning the advanced notice of proposed rulemaking must be received by July 20, 2011. You may submit comments using any one of the following methods:

Online: via the Federal eRulemaking Portal
Use the identifier "0648-BA74"
Fax: 301-713-1193
Attention: Debra Lambert
Mail: National Marine Fisheries Service
Attention: Debra Lambert
1315 East-West Highway, Room 13403
Silver Spring, MD 20910


View Related NS10 Materials

National Standard 10 Advance Notice of Proposed Rulemaking National Standard 10
Advance Notice of Proposed Rulemaking
National Standard 10 Current Guidelines National Standard 10
Current Guidelines

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Annual Report to Congress Pursuant to the Shark Finning Prohibition Act

Section 6 of the Shark Finning Prohibition Act of 2000 (P.L. 106-557) requires an annual report to Congress describing domestic and international efforts to implement the provisions of the Statute. The legislation amends the Magnuson-Stevens Fishery Conservation and Management Act to prohibit any person under U.S. jurisdiction from (i) engaging in the finning of sharks; (ii) possessing shark fins aboard a fishing vessel without the corresponding carcass; and (iii) landing shark fins without the corresponding carcass.

The Act also requires the National Marine Fisheries Service to promulgate regulations to implement the prohibitions of the Act, initiate discussion with other nations to develop international agreements on shark finning and data collection, provide congress with annual reports describing efforts to carry out the Act, and establish research programs.

e-mail: Galen Tromble

2011 Shark Finning Annual Report to Congress 2011 Shark Finning Annual Report to Congress 2010 Shark Finning Annual Report to Congress 2009 Shark Finning Annual Report to Congress
2012 2011 2010 2009
2008 Shark Finning Annual Report to Congress 2007 Shark Finning Annual Report to Congress 2006 Shark Finning Annual Report to Congress 2005 Shark Finning Annual Report to Congress 2004 Shark Finning Annual Report to Congress
2008 2007 2006 2005 2004

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Latest CCAMLR Final Rule on Importing Toothfish (5/10/2010)

The Office of Sustainable Fisheries in NMFS headquarters generated a final rule in order to further detail requirements for importing and re-exporting toothfish (Dissostichus spp.), to facilitate enforcement, to fulfill U.S. obligations in the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), and to simplify the process for informing the public of annual conservation measures. 

1. further details current U.S. requirements to only allow importation and/or re-exportation of frozen toothfish or toothfish product with verifiable documentation that the harvesting vessel participated in the Centralized-Vessel Monitoring System (C-VMS) regardless of where the fish was harvested;
2. revises the NMFS catch-documentation requirements for re-exporting toothfish and adds requirements for exporting U.S.-caught toothfish;
3. requires applicants for an AMLR harvesting permit for krill to apply to NMFS no later than June 1 preceding the harvesting season for krill;
4. rescinds the existing regulatory framework for annual management measures. 
Federal Register Notice - Vol. 75, No. 68 Vol. 75, No. 68

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Operational Guidelines for Fisheries Management
Operational Guidelines for the Fishery Management Plan Process Operational Guidelines for the Fishery Management Plan Process  (May 1, 1997 version with updated Appendices through March 19, 2001)
Operational Guidelines (Draft) for Development and Implementation of Fishery Management Actions Operational Guidelines (Draft) for Development and Implementation of Fishery Management Actions, August 23, 2005

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National Plans of Action
National Plan of Action for Reducing the Incidental Catch of Seabirds in Longline Fisheries National Plan of Action for Reducing the Incidental Catch of Seabirds in Longline Fisheries
National Plan of Action for the Management of Fishing Capacity National Plan of Action for the Management of Fishing Capacity

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