The City of San Diego plans to replace the lifeguard station at the Children’s Pool in La Jolla, California. The current structure was condemned in 2003 due to structural damage and no longer suits the needs of the City of San Diego and is hazardous to visitors. We (NationalMarineFisheriesService, Office of Protected Resources, Permits and Conservation Division) propose to issue an Incidental Harassment Authorization (IHA) to the City of San Diego, Engineering and Capital Projects Department, under the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1631 et seq.) for the incidental taking of small numbers of marine mammals, incidental to the conduct of demolition and construction activities of the Children’s Pool Lifeguard Station at the La Jolla, California, June through December 2013. We do not have the authority to permit, authorize, or prohibit the City of San Diego’s demolition and construction activities in La Jolla, California. Our proposed action results from the City of San Diego’s request to take marine mammals, by Level B harassment, incidental to conducting demolition and construction activities at the Children’s Pool Lifeguard Station. The City of San Diego’s activities, which have the potential to cause marine mammals to be behaviorally disturbed, warrant an incidental take authorization from us under section 101(a)(5)(D) of the MMPA.
The National Appeals Office (NAO) is a division within the NationalMarineFisheriesService (NMFS), Office of Management and Budget. NAO operates out of NOAA Headquarters in Silver Spring, MD, and maintains an office in NMFS Alaska Region. NAO is the successor to the Office of Administrative Appeals, Alaska Region (OAA), and is charged with deciding appeals that were filed with OAA. NAO decides these appeals pursuant to the procedure established in federal regulation 50 C.F.R. § 679.43.
Agriculture Organization’s (FAO) technical and policy-level consultations of 1997-1999 that led to the International Plan of Action for the Management of Fishing Capacity (IPOA/capacity). It is widely agreed that overcapacity is a common problem in many domestic and international fisheries that fosters destructive derby operations (the race to fish), aggravates overfishing and bycatch, creates chronic management problems, and undermines the economic performance of the harvesting sector. NOAA Fisheries believes that the United States should eliminate or significantly reduce overcapacity in 25 percent of federally managed fisheries by the end of 2009 and in a substantial majority of fisheries in the following decade. These long-term targets will depend on progress made in reducing and eliminating overfishing in federally managed fisheries, a closely related mandate in the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Given the structure of the U.S. fisheries management system, specific remedial measures are being developed by the eight Regional Fishery Management Councils (Councils) on a fishery-by-fishery basis. NOAA Fisheries will work cooperatively with the Councils to identify fisheries in need of capacity reduction and to develop measures to achieve those reductions . Programs to manage capacity will typically include (1) limited entry and permit management programs, (2) exclusive quota programs, and (3) publicly and privately funded buybacks of permits and/or vessels. The United States pledges to play an active role in achieving progress on this important issue. In this regard, NOAA Fisheries will:
depending on the service provider. Currently, NMFS has a reimbursement program for fishermen purchasing VMS units to comply with fishery management regulations.
In the Southeast, VMS are used by federal fishery managers and law enforcement to monitor fishing activity and enforce spatial-area closures and gear-restricted areas. Additionally, they can be used by enforcement and the Coast Guard to locate vessels in the event of emergencies, thereby enhancing safety-at-sea. VMS data have also been used in some instances to assess the impacts of proposed regulations, such as spatial area closures. VMS provides detailed location information, but fishing activity must often be predicted using vessel speeds or a combination of other trip/area specific variables. Data collected currently through VMS include hail out notifications (e.g., gear, type of fishing) when a vessel leaves port and hail in
28 A statute is ambiguous if it is “capable of being understood by reasonably well-informed persons in two or more different senses.” 2A N ORMAN S INGER , S TATUTES AND S TATUTORY
C ONSTRUCTION § 45.02 at 11-12 (6 th ed. 2000 revision) The language of a statute itself can suggest
more than one meaning or the legislative history of a statute can suggest more than one meaning. C.I.R. v. Mercantile National Bank at Dallas, 276 F.2d 58, 61 (5 1h Cir. 1960). See Children’s Hospital and Health Center v. Belshe. 188 F.3d 1090, 1096 (9 th Cir. 1999), cert. den. 210 S. CT. 2197 (2000) (“To determine the plain meaning of a statutory provision, we examine not only the specific provision at issue, but also the structure of the statute as a whole, including its object and policy.”)(citation omitted); J. Mertens, T HE L AW OF F EDERAL I NCOME T AXTION § 3:07 (1997-1999)(“The construction of a statute need not be sought alone in the language of the statute, for its setting in the history of the development of our laws and the purpose Congress sought to serve by its enactment bear importantly on the meaning of the language of the statute.”)
The LLP application notes: “The exception to the ‘one vessel = one history = one license’ rule is a limited one, and applies only to applicants seeking licenses for the crab fisheries. If a person can demonstrate that a documented harvest of crab species was made from his or her vessel during the period beginning January l, 1996 through February 7, 1998, s/he may ‘join’ that history with another fishing history from another vessel whose fishing history meets all the requirements for a crab license except for the recent participation requirement. However, the history of the other vessel must have been acquired (or a contract to acquire it must have been executed) by 8:36 a.m., Pacific Standard Time, on October 10, 1998.” The tremendous detail explaining this exception to the general rule against combining fishing histories is further evidence that if Congress or the Council wanted NMFS to combine fishing histories, it would have given NMFS detailed instructions how to do it.
o The nomination is submitted to the respective Regional Administrator, Center Director, Office Director, or Deputy who, in turn, submits the nomination, accompanied with an endorsing memo, to the Assistant Administrator for Fisheries via the Headquarters Office of Management and Budget (F/MB). The nomination selected by the Assistant Administrator for Fisheries is e-mailed to the NOAA Office of Communications at: firstname.lastname@example.org by the fifteenth of the previous month, which, for 2007, is by January 15, 2007 and August 15, 2007.
Tunas: Tunas are a high volume and high visibility species group that includes five main species: albacore, bigeye, bluefin, skipjack, and yellowfin. There has been a history of fisheries violations in certain tuna fisheries and in certain regions. Further, harvesting, transshipment, and trade patterns for tunas can be complex, in particular for certain value-added products. While there are multilateral management and reporting measures in place for many stocks within the tuna species group, these management and reporting mechanisms vary in terms of information standards and requirements and do not all provide a complete catch documentation scheme. Tunas are also subject to complicated processing that includes comingling of species and transshipments. Further, there has been a history of some species substitutions, with most instances involving substitution of one tuna species for another. However, there have also been instances of escolar, which can contain a toxin, being substituted for albacore tuna.
In summary, vessel losses decreased significantly nationwide, and across most NMFS regions, both after regional-specific decal requirements were implemented, and after the 2004 MoA was implemented. USCG analysis of vessel losses nationwide from 1992-2010 indicates that vessel losses have been declining since 2000, with significantly fewer vessel losses in 2000, 2006, 2007, 2008, 2009, and 2010 compared to the base period of 1992-1999 (USCG 2011). It is possible that the safety decal requirement had a positive effect on commercial fishing vessel safety and contributed to reductions in vessel losses. Other possible factors that could have contributed to reductions in vessel losses include: increased safety due to greater presence of USCG vessels and aircraft, increased emphasis on safety, decreased numbers of operating vessels due to Hurricanes Katrina and Rita, high fuel prices, and changes in fisheries management (USCG 2011). Vessel loss numbers are not normalized by commercial fishing fleet size, vessel length, hull material, or age due to the exclusion of state-registered vessels and may not be representative of vessel loss rates. USCG data indicates that vessel losses occur most often on longer vessels, on vessels between 11 and 30 years of age, and on wooden vessels (USCG 2011). Overall, 77.6% of all vessel losses from 1998 through 2010 occurred on vessels without a current safety decal (Expired + None in Table 2). Vessel losses occurred on vessels without decals significantly more often than on vessels with decals nationwide (ANOVA, F=47.480, df=1, p<0.000) and in all regions except for the Pacific Islands (Figure 8). The percentage of vessel losses from 1998 through 2010 on vessels without current safety decals ranged from 50% (15 of 30 losses) in the Pacific Islands to 84.3% (91 of 108 losses) in the Northwest. USCG analysis of vessel losses from 1992-2010 also found that the majority (79%) of vessel losses occurred on commercial fishing vessels without a current safety decal (USCG 2011).
rearing and migration stages. Ocean predation probably contributes to significant natural
mortality, although the levels of predation are largely unknown. In general, Chinook are prey for pelagic fishes, birds and marine mammals, including harbor seals, sea lions and killer whales. There have been recent concerns that the increasing size of tern, seal and sea lion populations in the Pacific Northwest has dramatically reduced the survival of adult and juvenile salmon. As fish (exempting the few species of fish that can survive for short periods of time out of water), Chinook salmon survive only in aquatic ecosystems and, therefore, depend on the quantity and quality of those aquatic systems. “Stream-type” Chinook salmon reside in freshwater for a year or more following emergence, whereas “ocean-type” Chinook salmon migrate to the ocean predominantly within their first year (Good et al. 2005). Ocean-type juveniles emigrate to the ocean as fry, subyearling juveniles (during their first spring or fall), or as yearling juveniles (during their second spring), depending on environmental conditions. The timing of the return to freshwater and spawning is closely related to the ecological characteristics of a population’s spawning habitat. Five different run times are expressed by different ocean- type Chinook salmon populations: spring, summer, fall, late-fall, and winter. In general, early run times (spring and summer) are exhibited by populations that use high spring flows to access headwater or interior regions. Stream-type populations appear to be nearly obligate yearling outmigrants (some 2-year-old smolts have been identified); they undertake extensive offshore ocean migrations and generally return to freshwater as spring- or summer-run fish. Stream-type populations are found in northern British Columbia, Alaska and the headwater regions of the Fraser River and Columbia River interior tributaries (Good et al. 2005).
Elasmobranch fishery of West Bengal comprises of sharks, rays, guitarfishes and skates. Due to demand in the national and international market, the fishery has gained importance though it is not a targeted resource. The catch data showed that the fishery is in a declining phase since 2016. The estimated landing of elasmobranchs (3799 tonnes) has shown a further decrease of 12.6% during 2018 in West Bengal compared to 2017. Sharks form the major portion (48%) of the elasmobranch fishery followed by rays (40%) and guitarfishes (12%) during 2108 in West Bengal. The fishery flourished more during the first (January-March) and last quarter (October- December)of the year. Maximum catch of sharks have been observed in October followed by February. The gear-wise landings of sharks showed that multiday trawlers contributed 81% of the shark landings followed by mechanized gill netters (17%) and the remaining 2% by inboard gill netters. Maximum catch of rays have been observed during June followed by January and October. The rays were mainly exploited by trawlers (76%) followed by hook and lines (15%) and gill netters (8%). Maximum catch of guitarfishes was observed during January followed by August and February. Guitarfishes are landed mostly by trawlers (91%) followed by gill nets (9%). The elasmobranch resources in West Bengal are very diverse in nature. However, there is a continuous decline in the landings which could be detrimental in future if the resources are not managed properly. Hence, it is recommended to follow good management practices to ensure long term sustainability of the resources. Key words: Elasmobranchs, fishery, West Bengal, management
3 Peninsular and Marine Fish Genetic Resources Centre( Kochi), ICAR-National Bureau of Fish Genetic Resources
*e-mail : email@example.com
Terebralia palustris (Linnaeus, 1767) is a species of Caenogastropod belonging to the family Potamididae, distributed widely in Indo-Pacific region and African coast. An extensive bed of T. palustris approximately 500 m long and 70 m wide, appearing like a canal stretching into the beach was observed along the south west coast of Minicoy Island, Lakshadweep. An average of 85 snails per square meter area was found in the intertidal mangrove mud flats. The population was dominated by adults (82 mm size) followed by sub adults (55mm size) and juveniles (25mm size). The mangrove whelks are an integral component of mangrove ecosystems as they retain primary carbon by consuming leaf litter. Their reproductive cycle is closely associated with mangroves. The females oviposit at low tide and deposit egg masses on pneumatophores, roots, trunks and fallen branches of mangroves. It was observed that while larger snails of T. palustris can only eat mangrove leaf litter, detritus is the main food item consumed by juveniles. A detailed study on the feeding behavior
*e-mail : firstname.lastname@example.org
A dead specimen of the flesh- footed shearwater Ardenna carneipes (Gould, 1844) was collected on 21.07.2017 from Paravoor beach, Alappuzha district, Kerala. The bird had a total length of 40 cm (bill tip to tail tip) and a wingspan of 86 cm. The specimen was deposited in the National Designated Repository, ICAR- CMFRI, Kochi under the Accession No. Misc.36. The bird is distinguished from other shearwaters in this area, namely, the Persian shearwater, Audubon’s shearwater, Sooty shearwater, Wedge-tailed shearwater, Short-tailed shearwater and Streaked shearwater by its pale bill with distinct black tips. It also has darker underwings and a shorter rounded tail as compared to other shearwaters of the region. Its flight is described as “a stiff-winged glide interspersed with slow lazy flaps” (Kazmierczak, 2015, A field guide to the birds of the Indian Subcontinent, p.34). Flesh footed shearwater are currently classified under the Near Threaterned category by (IUCN). During its non- breeding period it ranges over vast distances in the north Pacific and west to the Indian Ocean up to South Africa
From the Editorial Board
Warm greetings to all
We welcome the esteemed readers to this issue of MFIS with a bouquet of articles on various facets of the marinefisheries sector in India. The National Policy on MarineFisheries (NPMF), 2017 notified by the Government of India on 28 th April, 2017 provides guidance to usher in a Blue Revolution. This involves the sustainable utilization and management of the marine fish stocks occurring in the Indian Exclusive Economic Zone (EEZ) of 2.02 million square kilometres through suitable fisheries governance protocols. Successful fishery management ensures sustainability for fish stocks, food for consumers, and livelihood for those in the industry. In this context, the lead article explores the various facets of marinefisheries governance in India, in the realm of Marine Spatial Planning and conforming to the FAO’s voluntary Code of Conduct for Responsible Fisheries (FAO-CCRF). Timely availability of credit is of crucial importance in the fisheries sector. The findings of a case study on fishery credit delivery system in Kerala gives several valuable insights that will help in formulation of appropriate policies for the benefit of all stakeholders and bring about economic development in the sector. Bivalve farming with its ample scope to bring good financial returns and livelihood options attracted the attention of fish farmers but availability of seeds of the right quality and adequate quantity was always a serious constraint. The development of an indigenous micro-nursery system with a proven capacity to produce seeds on a large scale is a cherished achievement of ICAR-CMFRI. It has opened the door for a wider adoption of the bivalve farming in the country. The various facets of marinefisheries sector has also been captured in the various research and short communications presented in this issue of MFIS.
5.1. The Sea Fisheries Act of 1971
Although conscious efforts at developing the nation’s fisheries could be said to have started in 1941, there was no real nationalfisheries policy in place. During this period, there were some programs aimed at increased fish production through input supply at subsidized rates, technol- ogy transfer, and revolving loan schemes among fishermen . The first national policy was put in place by the federal government with the advice of the Federal Department of Fisheries when the Sea Fisheries Decree was promulgated under the Decree No 31 of 1971 to control and regulate coastal fisheries. The Sea Fisheries Act is an act to make provisions for the control, regulation, and protection of sea fisheries in the territorial waters of Nigeria . The act has 14 sections with Section 1 being on licensing of motor fishing boats; application for a license, grounds for issue of a license, and renewal of a license were detailed in Sections 2–4. Sections 5 and 6 were on appeals and returns, respectively, while Section 7 was on the enforcement of the Act. Section 8 prohibited the use of any explosive substance, or any noxious or poisonous mat- ter that could destroy fish within the territorial waters of Nigeria. Offenses against the act and penalties for such offenses were detailed in Section 9, while any fishing boat and apparatus used in contradiction to this act shall be forfeited according to the government, as contained in Section 10. Section 11 provided the Minister of Agriculture the power to make regulations for furthering the interests of sea fishing industry in Nigeria and for giving effect to the provisions of this act. The interpretation of the contents of the act were explicitly stated in Section 12, whereas Section 13 repealed the 1961 Sea Fisheries (Lagos) Act, the 1965 Sea Fisheries Law, the 1967 Sea Fisheries (Motor Fishing Boats Licensing) Regulations, and the 1969 Sea Fisheries (Licensing) Regulations.
Most retailers are unwilling to divulge information about pricing. As noted above, research in the United Kingdom market by the URI Sustainable Seafood Initiative, using scanner data for frozen processed seafood products, found what the authors described as “the first robust indicator of retail price premiums” (Asche, Insignares and Roheim, 2009) for ecolabelled products (in this case MSC-certified pollock). Whether there is a consistent price premium attached to ecolabelled products at retail level remains to be seen. At the recent OECD/FAO Round Table on Ecolabelling and Certification in the Fisheries Sector, representatives from the retail and commercial brand sectors warned that the industry could not rely on consumers being prepared to pay a price premium for ecolabelled products and that affordability was increasingly important in the current economic climate. Other industry sources concur with this. A seafood buyer from a major United Kingdom retailer confirmed: “I do not think there is a premium specifically charged for MSC certification either when buying the raw material or selling at retail level. For example, assuming quality and all other factors are equal, the price of Canadian salmon 81 is similar to MSC certified Alaska stock and we do not add any cost at retail level. The over-riding factor that sets price is still quality, however this can coincide with MSC certification”. 82
the fact that the effectiveness of a regulatory regime involving catch lim itations would be reduced by temporary changes in the environment re sulting in a temporary reduction in the productivity of a fish [, for ex ample,] was not necessarily grounds for the rejection of that type of regulatory regime. The [MSY] was to a large extent an average concept. Since environmental changes whose nature could not be foreseen would pre sumably occur, i t was probable that any quota would occasionally result in catches above or below that average. A further example relating to the economic factors was that of a resource which for one reason or an other was at a level below that which produced the [MSY]. While the gen eral rule was that measures should be instituted to restore the resource to the optimum level as quickly as possible, that need not to be done im mediately i f such action would produce economic catastrophe for one or another of the parties involved. The recovery process might be extended over a longer period if there were compelling economic reasons. Further, the reference to relevant economic factors in [relation to MSY] empha sized the fact that decisions on management measures should be economi cally sound, serving to promote the health and efficiency of the world fisheries industry and to meet the ever-growing demand for low-cost food. A / A C . 1 3 8 / S C . I I / L . 1 0 , i n A / 8 7 2 1 , s u p r a n 4 6 , 1 8 0 - 1 8 2 . T h e p r o p o s a l h a d b e e n a d v a n c e d b y K e n y a e a r l i e r t h a t y e a r t o t h e A s i a n - A f r i c a n L e g a l C o n s u l t a t i v e C o m m i t t e e , w h i c h e n d o r s e d i t ( A s i a n - A f r i c a n L e g a l C o n s u l t a t i v e
However, there is still limited consensus on the fundamental causes or mechanisms connecting natural resources to conflict, and linkages between changing climate conditions and security issues remain unclear (Gemenne, Barnett, Adger, & Dabelko, 2014). Efforts to describe such linkages in the case of fishery resources have been criticized as overly simplistic (Penney, Wilson, & Rodwell, 2017). This growing criticism stems from the increased understanding that ma- rine social–ecological systems (SESs) are complex adaptive systems (CAS), characterized by nonlinear dynamics and multiple possible out- comes (Hughes, Bellwood, Folke, Steneck, & Wilson, 2005; Morrison, 2017; Österblom et al., 2013), and that conflict over marine resources can itself be an outcome as well as a driver within those systems (Pomeroy, Parks, Mrakovcich, & LaMonica, 2016). In this review, we test the validity of the claim of simplicity (Penney et al., 2017) by as- sessing the degree to which the fisheries conflict literature, encom- passing both subnational and international conflict, has incorporated ideas from complexity theory and SESs theory and identifying areas within this literature that would benefit from further development.
Landings in Kerala have decreased by over 30% compared to 2012 and 22% when compared to 2011. The main decrease seen is in the catch of oil sardine and threadfin breams. An interesting phenomenon is the increase in landings of oceanic sharks and rays mainly at Cochin Fisheries Harbour. The stock status indicates stock of 11 resources in declining phase and only 6 in abundant state. Overcapacity has been noted in the motorised and mechanised gillnets and there is urgent need to reduce effort through government intervention. The implementation of the Minimum Legal Sizes (MLS) is expected to go a long way in the conservation and sustainable utilization of the resources. The price increase in cephalopods (23%), tunas (175%), seerfish (40%), mackerels and pomfrets and moderate increase in other fishes is a positive step towards economic improvement of the fishery sector, but the increasing margin concentrating in the hands of the middlemen is a matter of concern. Fig. 4. Growth in nominal value of marine fish at Landing Centre (LC) and Retail levels ( ` crores) during 2000-2014 period