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WESTERN FISHBOAT OWNERS ASSOCIATION

FISHERIES MANAGEMENT:

ALBACORE MANAGEMENT OVERVIEW

The Western Fishboat Owners Association has long believed that management of Highly Migratory Species (HMS) such as albacore should be coordinated on an international basis. The main reason for this is that these species have no national boundaries; to manage one nation's resources while others go un-managed would put an unfair burden on the managed nation's fishing community.

This section contains information on past, present, and future regulation and management of HMS. Tuna and tuna-like species are being managed at all levels of government. This includes international bodies such as the Inter-American Tropical Tuna Commission (IATTC) and the newly formed Western and Central Pacific Fisheries Commission (WCPFC). The WPCFC was formed from the Multilateral High Level Conference, which involved 28 nations beginning in 1996; agreement was reached in 2000. Since then organizational meetings have been held, and a full working commission is now in place in Pohnepei, FSM.

WFOA was a member of the U.S. State Department Delegation to the Multilateral High Level Conference (MHLC), and now sits on the delegation to the WCPFC. On the international level, WFOA also attends IATTC meetings. At the federal level we hold the troll representative chairman seat on the Pacific Fisheries Management Council (PFMC) HMS advisory panel. The PFMC is now involved with HMS, especially albacore, that have come under the Fisheries Management Plan (FMP). WFOA also works with the Western Pacific Management Council (WPFMC) and other federal bodies and agencies that are responsible for managing the resource.

Management Bodies:

Western & Central Pacific Fisheries Commission (WCPFC): In a nutshell, the WCP Convention will create a permanent Commission made up of one voting member from each participating nation (each party), as well as three separate advisory Committees (the Scientific, Compliance and Northern Pacific Committees). The Commission will design and implement comprehensive fisheries conservation, management, and enforcement systems for the high seas tuna fisheries, and also help to ensure adoption of compatible conservation programs within the Exclusive Economic Zones (EEZs) that are under the jurisdiction of various Pacific island and coastal nations.

Depending on each fishery's status and characteristics, WCP conservation measures may include any combination of time/area closures, gear and technology restrictions, bycatch control regulations, total allowable catch limits, or fishing effort controls. Fishing vessels in the WCP Convention area will also be required to carry Vessel Monitoring Systems (VMS) satellite tracking units and participate in observer programs.

Meanwhile, participating nations will be required to share their harvest and other fisheries data, their high seas enforcement capabilities, and lists of all vessels flying their flag and fishing within the Convention area. Each nation will be required to cooperate with one another, administer any national catch and/or effort allocations to their fleets, and implement compatible conservation and management programs within their national waters (their EEZs). It would be fair to say that the WCP Convention is the most ambitious effort to prevent overfishing ever witnessed, and it will dramatically affect dozens of countries as well as thousands of fishermen.

For more information:

Comprehensive Management Body Site (NEW)
Inter-American Tropical Tuna Commission (IATTC)
Pacific Fisheries Management Council (PFMC)
Western Pacific Fisheries Management Council (WPFMC)
National Marine Fisheries Service (SW Region and PIRO)
Southwest Fisheries Science Center

WFOA Position Statement on albacore management:

Adopted on April 9, 1999

The Western Fishboat Owners Association (WFOA) position on Highly Migratory Species (HMS) management, as approved by the Board of Directors on April 9, 1999 is as follows:

  1. WFOA acknowledges as fact that the major fishing nations of the world, including the United States, Canada, New Zealand, and other nations where WFOA members reside, have already formally agreed to conserve and manage albacore tuna and other HMS, as evidenced by signing and ratification of the UN Straddling Fish Stocks and Highly Migratory Species Agreement under the 1982 Law of the Sea Convention by the aforementioned nations. WFOA's participation in the Multilateral High Level Conference process to draft a Western and Central Pacific Convention, and active participation in numerous and pertinent efforts to develop other regional and national albacore fishery management programs, is therefore recognized as essential for ensuring our members' continued access to the waters and fisheries of the Pacific Ocean.
  2. WFOA recognizes that the Pacific albacore fisheries are very healthy and that the WFOA fleet fishes in a sustainable manner with near zero by-catch. WFOA will not settle for anything less than our traditional amounts harvested over history. We recognize this would only be an issue if Total Allowable Catch and/or fishing effort control programs, with associated allocation programs, were implemented.
  3. Acknowledging the facts of item 1, WFOA supports the eventual and necessary involvement of the Federal Fisheries Management Councils in the HMS management process according to their expressed interests, ability to contribute scientific and management information, expertise, and resources. WFOA encourages involvement and expertise of both the Western Pacific Fisheries Management Council and the Pacific Fisheries Management Council, and will strive to work with and expedite communication between both bodies as well as the fishing community.
  4. WFOA recognizes that its international membership puts it in a unique position to be an advocate for the interests of the international jig fleet fishing for surface-caught albacore. WFOA will monitor and coordinate, where and when possible, with other countries and entities that have WFOA members, actions for the best interests of all. Additionally, WFOA is a California corporation, located in the United States, and therefore it is more appropriate for it to focus on the interests of its U.S. members, when and if a conflict emerges between the interests of the U.S. fleet and the interests of fleets from another flag state. Presently no such conflict exists.
  5. WFOA recognizes that albacore tuna is a healthy, protein-rich, staple food enjoyed and needed by millions of people all over the world, and will continue to stress this at every opportunity.

Glossary of Terms and Acronyms:

ABCAcceptable biological catch
AFRF American Fishermen's Research Foundation
BCTFABritish Columbia Tuna Fishermens Association
CDFGCalifornia Department of Fish and Game
CFRCode of Federal Regulations
CITIESConvention in International Trade of Endangered Species
CPUE Catch Per Unit of Effort
DFODepartment of Fisheries and Oceans (Canada)
DWFNDistant Water Fishing Nation
EEZ Exclusive Economic Zone
EFHEssential Fish Habitat
EISEnvironmental Impact Statement
ESAEndangered Species Act
ETPEastern Tropical Pacific
FADFish Aggregating Device
FAOU.N. Food and Agricultural Organization
FFAForum Fisheries Agency
FFCForum Fisheries Committee
FMPFisheries Management Plan
FSMFederated States of Micronesia
HMSHighly Migratory Species
HSFCAHigh Seas Fisheries Compliance Act
ICCATInternational Convention for the Convention of Atlantic Tunas
IATTCInter-American Tropical Tuna Commission
IFQIndividual Fishing Quota
IMOInternational Maritime Organization
ISCInterim Scientific Committee (for North Pacific Tunas)
IVQIndividual Vessel Quota
LELimited Entry
LOSLaw of the Sea Convention
MHLCMulti Lateral High Level Conference
MPAMarine Protected Area
MSCMonitoring, Control and Surveillance
MSCMarine Stewardship Council
MSYMaximum Sustainable Yield
NEPANational Environmental Policy Act
NGONon-Governmental Organization
NMFSNational Marine Fisheries Service
NOAANational Oceanic and Atmospheric Administration
NPFMCNorth Pacific Fisheries Management Council
NRDCNatural Resources Defense Council
NWHINorthwest Hawaii Initiative
OAOpen Access
ODFWOregon Department of Fish and Wildlife
OYOptimum Yield
PIROPacific Island Regional Office (NMFS)
PFMCPacific Fisheries Management Council
PINPacific Island Nation
PNGPapua New Guinea
PSMFCPacific States Marine Fisheries Commission
RFARegulatory Flexibility Act
SAFEStock Assessment and Fishery Evaluation
SBASmall Business Administration
SBREFASmall Business Regulatory Enforcement Fairness Act
SFAUS Magnuson-Stevens Sustainable Fisheries Act
SMISerious Marine Incident
SMNVStandard Marine Communication Phrases
SPCSouth Pacific Commission
SSCScientific and Statistical Committee
STARStock Assessment Review
SWFSCSouthwest Fisheries Science Center
TACTotal Allowable Catch
UNIAUN Implementing Agreement (Straddling Stocks Agreement)
USCGUnited States Coast Guard
USFWSUnited States Fish and Wildlife Service
USTFUnited States Tuna Foundation
UTCUnited Tuna Cooperative
VMSVessel Monitoring System
WCP Western Central Pacific
WCPFCWestern and Central Pacific Fisheries Commission
WDFWWashington Department of Fish and Wildlife
WFOAWestern Fishboat Owners Association
WPFMCWestern Pacific Fisheries Management Council
WTAWashington Trollers Association
WWFWorld Wildlife Fund

General Fisheries Management, Concepts and Techniques

This section is a joint project of the Western Fishboat Owners Association and the American Fishermen's Research Foundation. It is designed to provide an introduction to fisheries management, along with comprehensive information about the Pacific albacore tuna fisheries and highly migratory species management efforts.

Basic Fisheries Management Techniques:
Excerpt from the National Research Council's 1999 "Sharing the Fish" report -- an overview of fisheries management tools used to regulate harvests.

Input Controls:
Input controls are the oldest type of fishery management tool. Designed to limit either the number of people fishing or the efficiency of fishing, input controls are the type of measure adopted when a fishery is first managed. Input controls include restrictions on gear, vessels, area fished, time fished, or numbers of people fishing. They apply to both commercial and sport fisheries, and may be applied to an entire fishery or to segments of it. Input controls are considered to be an indirect means of limiting the exploitation of fish stocks, because they do not directly control the amount of catch.

Licenses:
Licenses and license endorsements may be used to certify fishermen or vessels, without limitation on the numbers issued, or they may be used as a management measure to limit the number and types of vessels or fishermen that can participate in the fishery. License limitations are intended to limit fishing capacity and effort, but their effect on either is indirect. Limited licenses are are used both in federal fisheries -- such as the Hawaiian lobster and Pacific groundfish fisheries -- and in state fisheries such as the California sea urchin and Oregon pink shrimp fisheries. Licenses and endorsements can also be linked to vessel and gear requirements. In some fisheries, limited licenses are tradeable. Controlling fleet capacity is only practical through license limitation. If licenses do not stipulate a maximum vessel size or other limits on fishing power or capacity, the capacity of the fleet can drift upward as small vessels are replaced with larger ones. The problem arises because size is only one dimension of fishing power. Also, attempts to control size can lead to adaptations that are inefficient or unseaworthy.

Output controls:
Output controls are management techniques that directly limit catch, and hence a significant component of fishing mortality (which also includes mortality from bycatch, ghost fishing, and habitat degradation due to fishing). Output controls can be used to set catch limits for an entire fleet or fishery, such as a total allowable catch. They can also be used to set catch limits for specific vessels (e.g. trip limits, individual vessel quotas), owners, or operators (individual fishing quotas), so that the sum of the catch limits for individuals or vessels equals the TAC for the entire fishery.

Output controls rely on the ability to monitor total catch. This can be achieved by either (1) measuring total landed catch with reliable landings records, port-sampling data, and some estimates of discarded or unreported catch; or (2) measuring the actual total catch with at-sea observer coverage or verifiable logbook data.

Total allowable catch:
TAC is a management measure that limits the total output from a fishery by setting the maximum weight or number of fish that can be harvested. TAC-based management requires that landings be monitored and that fishing operations stop when the TAC for the fishery is met. A TAC is based on stock assessments and other indicators of biological productivity, usually derived from both fishery-dependent (catch) and fishery independent (biological survey) data. Data collected from fishermen, processors, or dockside sampling can be combined with at-sea observations and independent fishery survey cruises to provide information about the total biomass, age distribution, and number of fish harvested.

Typically, the TAC is determined on an annual basis, and then partitioned across seasons.To the extent that a TAC is well estimated and enforced, it can control total fishing mortality on a stock (e.g. Pacific halibut).

Trip limits and bag limits:
These measures can pace landings by limiting the amount of harvest of a species in a given trip. Trip limits are applied in commercial fisheries when there is interest in spacing out the landings over time, or a desire to specify maximum landings sizes, and they are usually accompanied by a limit on the frequency of landings.

Quotas:
Individual Fishing Quotas (IFQs) are a fishery management tool used in the Alaska halibut and sablefish, wreckfish, and surf clam / ocean quahog fisheries in the United States and other fisheries thoughout the world. These allocate a certain portion of the TAC to individual vessels, fishermen, or other eligible recipients based on initial qualifying criteria.

Individual vessel quotas (IVQs) are used in a number of fisheries worldwide, including some Canadian and Norwegian fisheries. IVQs are similar to IFQs, except that they divide the TAC among vessels registered in a fishery, rather than among individuals.

PFMC Fisheries Management Plan for HMS:

Highly migratory species (HMS) move great distances in the ocean to feed or reproduce, and they move through the high seas and the waters of several nations. Their presence depends on ocean temperature, availability of food, and other factors. Highly migratory species are sometimes called "pelagic," which means they do not live near the sea floor, or "oceanic," which means they live in the open sea. They are harvested by U.S. commercial and recreational fishers and by foreign fishing fleets. Only a small fraction of the total harvest is taken within U.S. waters.

The draft Fishery Management Plan (FMP) for HMS proposes to manage the following species:

Tunas: north Pacific albacore, yellowfin, bigeye, skipjack, and northern bluefin

Sharks: common thresher, pelagic thresher, bigeye thresher, shortfin mako, blue

Billfish/swordfish: striped marlin, Pacific swordfish

Other: dorado (also known as dolphinfish and mahi-mahi)

The Council monitors other species for informational purposes, and the FMP proposes to designate some species -- including great white sharks, megamouth sharks, basking sharks, Pacific halibut and Pacific salmon -- as prohibited. If fishers targeting highly migratory species catch these species, they must release them immediately.

Except for the swordfish drift gillnet fishery off California, the highly migratory species fisheries are among the few remaining open access fisheries on the West coast. However, some members of the fishing industry are concerned that problems in other fisheries (such as groundfish) will push more people into the HMS fishery, thus increasing fishing pressure.

Because of these concerns, the Council may consider developing a limited entry program to control excess capacity. The Council adopted a control date of March 9, 2000 in case a limited entry program is needed in the near future. This date was announced in the Federal Register as an advance notice to the public that a limited entry program may be adopted, and that any new entrants in the fishery after the control date may not qualify for a permit. The announcement applies to all commercial and charter fisheries for highly migratory species. Control dates are established to minimize the rush of new entrants in a fishery that often occurs when limited entry is being considered. It should be noted that the current draft FMP does not include a limited entry program at this time, but an amendment to the plan could be developed sometime in the near future to establish one.

For further information:
NOAA/NMFS OSF
PFMC
WFOA letter to the council June 2006 RE: Limited Entry
WPRFMC
Western and Central Pacific Fisheries Commission
IATTC

REGULATORY CODES AND ACTS:

The following is applicable to high seas fishing vessels and the albacore tuna fleet.

DISCLAIMER:  Nothing herein should be construed as individual, technical, accounting, or legal advice. Readers are cautioned to seek individualized advice and assistance based on a detailed analysis of facts and situations. While every effort has been made to supply accurate and correct information, the Western Fishboat Association (WFOA) and its affiliate, the American Fishermen's Research Foundation (AFRF) have no responsibility for, nor in any way guarantee, the accuracy of the information contained herein unless the information originated with WFOA or AFRF. WFOA does not, by supplying links, in any way endorse or approve by that action the positions or philosophies of any of the linked agencies, associations, groups or documents.

International Law of the Sea
UN Straddling Stocks & Migratory Fish Agreement
International Code of Conduct for Responsible Fisheries
International High Seas Fishing Compliance Act
U.S. Magnuson-Stevens Fisheries Conservation & Management Act
U.S./Canadian Albacore Tuna Treaty

The Lacey Act
Note: NMFS special agents use this Act against foreign-flagged vessels that fish illegally in the EEZs of South Pacific island countries and import the fish into Guam and American Samoa. It is also used against U.S. fishermen who operate illegally in foreign waters, such as the Bahamas. Sections include: § 3371. Definitions; § 3372. Prohibited acts; § 3373. Penalties and sanctions; § 3374. Forfeiture; § 3375. Enforcement; § 3376. Administration; § 3377. Exceptions; § 3378. Miscellaneous provisions.

Fishermen's Protective Act
Note: Sections include: § 1971. "Vessel of the United States" defined; § 1972. Action by Secretary of State upon seizure of vessel by foreign country; preconditions; § 1973. Reimbursement of owner for any direct charges paid to secure release of vessel and crew; § 1974. Inapplicability of chapter to certain seizures; § 1975. Claims for amounts expended because of seizure; § 1976. Authorization of appropriations. § 1977. Reimbursement for seized commercial fishermen; § 1978. Restriction on importation of fishery or wildlife products from countries that violate international fishery or endangered or threatened species programs; § 1979. Fishermen's Protective Fund. § 1980. Compensation for loss or destruction of commercial fishing vessel or gear; § 1980a. Reimbursement of owner for fee paid to navigate foreign waters if fee inconsistent with international law; § 1980b. Sanctions for imposition of conditions on U.S. fishing vessel found inconsistent with international law.

South Pacific Tuna Fishing Act
Important! The albacore fishery is exempt from this Act, but it is included here since other tuna U.S. fisheries fall within its jurisdiction. This Act authorizes the Secretary of Commerce to issue and enforce regulations necessary to implement the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the US.
Sections include: § 973. Definitions; § 973a. Application to other laws; § 973b. Regulations; § 973c. Prohibited acts; § 973d. Exceptions; § 973e. Criminal offenses; § 973f. Civil penalties; § 973g. Licenses; § 973h. Enforcement; § 973i. Findings by Secretary; § 973j. Reporting requirements; disclosure of information; § 973k. Closed Area stowage requirements; § 973l. Observers; § 973m. Technical assistance; § 973n. Arbitration; § 973o. Disposition of fees, penalties, forfeitures, and other moneys; § 973p. Additional agreements; § 973q. Secretary of State to act for United States; § 973r. Authorization of appropriations.

Also of interest:
Convention Establishing the Inter-American Tropical Tuna Commission

SCHEDULE OF MANAGEMENT MEETINGS:

IATTCBusan, South KoreaJune 20-27, 2006
PFMC & HMSASFoster City, CASeptember 11 -14, 2006
Northern Comm. WCPFCTokyo, JapanSeptember 11-13, 2006
Tech/ Compliance CommBrisbane, AustraliaSeptember 28 - October 3, 2006
WFOA Board MeetingSeattle, WANovember 2006 (TBA)
PFMC & HMSAS San Diego, CANovember 12-17, 2006
WCPFC CommissionApia, Western SamoaDecember 11-15, 2006
PHMCSacramento, CAMarch 4-9, 2007
WFOA Annual MeetingAstoria, ORMarch 27-30, 2007
PFMCWA or ORApril 1-6, 2007

WFOA Reports on Management Issues:

Canadian Catch.pdf
2004 American Bar Association National Spring Conference on the Environment.pdf
INTER-AMERICAN TROPICAL TUNA COMMISSION.pdf
INTERNATIONAL ALBACORE WORKING GROUP MEETING.pdf
INTERNATIONAL MANAGEMENT MEASURES.pdf
International - Inter-American Tropical Tuna Commission.pdf
JUNE 2005 PFMC April Meeting.pdf
MAGNUSON ACT REAUTHORIZATION.pdf
MANAGEMENT by Peter Flournoy.pdf
Pacific Fishery Management Council’s HMS FMP.pdf
PrepCon VI Bali Indonesia and IATTC.pdf
WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSION MEETING.pdf