Fact Sheet: How to get involved

Why get involved?

Many different types of people are concerned about fisheries, including commercial fishermen, fishing families, recreational fishers, processors and suppliers, environmentalists, tribal members, chefs, diners, scientists, the tourism industry, and local communities. Whatever their background or motivations, these groups share the common desire to ensure the health of fish populations and the marine ecosystems they depend on.

If you are a member of the commercial fishing community or if your business serves recreational anglers, the best reason to get involved is because this is the process that controls your livelihood. You may not have control over the weather, ocean conditions, or market prices, but if you get involved in the Council process you can have some input into the decisions that affect your business.

Getting involved means commitment and hard work. It may mean reading documents, talking to unfamiliar people, attending meetings, speaking in public, writing letters or emails, joining or forming an association, or joining an advisory subpanel.

Ten ways to get involved:

Many members of the fishing community and the public don’t have the time or resources to attend Council meetings. Luckily, there are ways to get involved in management without having to leave the comfort of your home or vessel.

Learn

The first step to getting involved in the Council process is to learn about it. Learn how the Council system operates; learn about the context of the problem you are interested in. Learn how Council members see things, and why. Learn what acronyms and terms  like “CPUE” and “optimum yield” mean (an acronym and definition list is available on the Council website, and as an information sheet). That way you will be more comfortable providing input, and your input will be more valuable.

Some ways to learn:

Join a group

Join a group that represents your interests. This will give you a greater voice, more motivation, and a larger pool of knowledge to draw from. There are groups organized around environmental issues, fishing gear types, fisheries, communities, and other interests. There are also groups that cut across interests and gear types. If you can’t find a group, form your own.

Make informed comments

Your comments will be most effective if they show that you know about the underlying laws and concepts that the Council must follow in managing fisheries. Try to frame your comments and objections in these terms. Whether writing or testifying, make sure that your comments are relevant to whatever the Council is discussing at the moment. Know what stage of the process the Council is in. For example, are there important deadlines approaching? What political pressures are influencing this decision? (See “Public Comment and the e-Portal” and “Council Testimony” for more information on testifying).

Get to know someone

Getting to know someone is one of the best ways to make sure your voice is heard. Get to know your Council representative, other Council members, Committee members, and staff. If possible, get to know your fish and wildlife department’s local port biologists and discuss issues with them. (See the roster on the Council website for lists of Council members and advisory members).

Talk informally

One of the best ways to interact with the Council is simply to call up a Council member or staff member. This provides a more personal way to discuss issues that concern or interest you. When calling, explain who you are, what your question or problem is, and ask for help in understanding what’s going on. Ask for a list of the committees and key Council members responsible for your fishery, and ask whom you should call to get more background or advice. You can also talk at meetings and hearings, in the halls during meetings, or at the Council office. Be sure to attend informal events associated with Council meetings. You may also want to talk with state agency staff and your Federal and state representatives.

Attend a meeting

All regular Council meetings and advisory meetings are open to the public. Advisory body and technical committee (or management team) meetings are generally more informal than a full Council meeting, and may be a better opportunity to express your opinions and ideas.

Council meetings are generally held in Portland/Vancouver, Seattle/Tacoma, northern California, Boise, Spokane, Orange County, or San Diego, because these larger cities have airports and plenty of hotel and meeting space.

Because Council meetings are not convenient for many who live in coastal areas, state agencies and other entities sometimes hold public hearings, meetings, and workshops in local areas to inform the public and obtain input on proposed fishing regulations. Local residents may contact the head of their state fish and wildlife department to request that a meeting be held in their community. Summaries of the comments made at Council‐sponsored hearings are provided to Council members.

Dates and locations of upcoming meetings are available on the Council website.

Testify

Members of the commercial and recreational fishery, the environmental community, and the public are encouraged to testify at Council meetings and hearings. This involves speaking in a formal public forum.

At Council meetings, the Council members and staff generally sit in a “U” formation and everyone else sits in chairs at one end of the room. You will have to walk up to a microphone to make your comments. Because of time constraints, public comment is limited to five minutes for individuals and ten minutes for representatives of groups.

If comments are supplied to the Council by the briefing book deadline before the meeting date, they are included in the packet of information (briefing book) that is posted online approximately two weeks before the Council meeting.

It is best to be well-prepared and as calm as possible when providing testimony. Read up on Council decisions related to your topic of interest and make sure that your comments are organized and relevant. 

Write

The Council reads and considers all comments that arrive before the public comment deadline. See our fact sheet on public comment for more information.

Since NMFS reviews all Council decisions, it is also effective to write or call the West Coast Region of NMFS.

Serve

Interested citizens may serve on an advisory body. If you are interested in serving, talk to the Executive Director, Deputy Director, or the key staff person for the fishery.

Get involved in research efforts

Occasionally, calls go out for vessel owners to charter their vessels for research efforts. While this is not a direct way to get involved in the Council process, it does help create connections with scientists and managers, and it allows vessel owners and scientists to learn more about each others’ methods. It can also provide some extra income. Unfortunately many of these opportunities are on hold due to the COVID-19 pandemic.

Will It really make a difference?

Your influence on Council decisions is related to the amount of energy you put into being involved. Involvement can range from signing an online petition, to writing an email or letter, to serving on an advisory subpanel or team. No matter what level of involvement you choose, your views will have more weight and influence if you learn about the context of the decisions being made, the timeline for the decision-making process, and the best ways to communicate with Council members and advisory body members.

As a member of a fisheries association said, “If you want to get involved in fisheries management, you should be willing to go to meetings and become an active participant, be willing to listen to others’ views, and communicate clearly your own ideas.” 

Who to contact

The Council rosters provide contact information for all members of the Council’s advisory subpanels (which include industry representatives), management teams (which are generally made up of scientists), the Council staff, and Council members. All Council staff can be contacted at 866‐806‐7204 (toll free) or 503‐820‐2280.

IPHC now accepting applications for Area 2A Halibut licenses (2021)

The International Pacific Halibut Commission (IPHC) is now accepting applications for Area 2A Halibut licenses (2021). Please see the IPHC website for further information. You may contact the IPHC Secretariat at: secretariat@iphc.int, should you have any questions or require assistance.

Fact Sheet: Advisory bodies

The Pacific Fishery Management Council’s advisory bodies (including technical and management teams, advisory subpanels, committees, and work groups) prepare and review information and provide input to help the Council make decisions.

All advisory body meetings are open to the public, but the advisory subpanels offer the best opportunity for public involvement in the process.

Scientific and Statistical Committee

All scientific information used by the Council to make decisions must go through the Scientific and Statistical Committee (SSC), a group of scientists from state and Federal agencies, academic institutions, and other sources. Among other things, the SSC reviews fishery management plans (FMPs), plan amendments, and other documents; and helps the Council evaluate scientific information. The SSC has subcommittees that focus on salmon, groundfish, highly migratory species, coastal pelagic species, ecosystem management, and economics.

Advisory subpanels

Advisory subpanels represent the commercial and recreational fishing industry, tribes, the public, and conservation interests. They advise the Council on fishery management issues (such as annual management measures, FMPs, and amendments) and provide input into fishery management planning.

The Council has five advisory subpanels—one for each management plan:

Groundfish Advisory Subpanel (GAP). This panel includes three fixed gear (at-large) commercial fishers, one conservation representative, two processors, one at-sea processor, three sport anglers, two open access fishers, one bottom trawler, one midwater trawler, two
at-large trawlers, one tribal representative, and four charter boat operators (one each for Oregon, Washington, northern California, and southern California).

Coastal Pelagic Species Advisory Subpanel (CPSAS). This subpanel includes three California commercial fishers, one Oregon commercial fisher, one Washington commercial fisher, three processors (one from each state), one California charter or sport fisher, and one conservation representative.

Highly Migratory Species Advisory Subpanel (HMSAS). This subpanel includes one member each from the commercial troll, purse seine, gillnet, and private recreational fisheries; two from the charter fisheries (one north, one south of Point Conception); two commercial at-large members; two processors (one northern, one south of Cape Mendocino); one conservation representative; one general at-large member; and one public at-large member.

Salmon Advisory Subpanel (SAS). Currently, this group comprises one tribal representative from California, one tribal fisher from the Washington coast, one gillnetter, three charter boat operators and three trollers (one from each state), five sport fishers (one each from Washington, Oregon, and Idaho, and two from California), one processor, and one conservation representative.

Ecosystem Advisory Subpanel (EAS). This subpanel consists of three representatives each from California, Oregon, and Washington, and one tribal representative.

Enforcement Consultants

Enforcement Consultants are representatives from state police agencies, state fish and wildlife agencies, NMFS Office of Law Enforcement divisions, and the Coast Guard. They provide advice to the Council about whether proposed management actions are enforceable and how they affect safety at sea. There are six enforcement consultants who serve indefinite terms.

Habitat Committee

The Habitat Committee (HC) works with other teams and panels on habitat issues that affect Council fisheries. The group helps develop ways to resolve habitat problems and avoid future habitat conflicts, and it makes recommendations for actions that will help achieve the Council’s habitat objectives. The HC includes members from the U.S. Fish and Wildlife Service, Pacific States Marine Fisheries Commission, National Marine Sanctuary, NMFS region, NMFS science center, conservation, states, tribes, and fishing industry, as well as at-large members.

Groundfish Allocation Committee

The Groundfish Allocation Committee (GAC) is charged with developing options for allocating certain groundfish species among the commercial and recreational sectors and among gear groups within the commercial sector. The purpose of the GAC is to distribute the harvestable surplus among competing interests in a way that resolves allocation issues on a short- or long-term basis. The GAC is made up of Council members, plus seven non-voting members who represent the non-whiting trawl, whiting trawl, fixed gear, open access, and recreational sectors; conservation groups; and processors.

Plan development, technical, and management teams

Plan development, technical, and management teams are working groups of state, Federal, and tribal biologists and economists.

Technical and Management Teams monitor fisheries and prepare stock assessments and fishery impact analyses. They may monitor catch rates and management impacts, analyze or recommend harvest limits, develop rebuilding plans, or conduct other tasks assigned by the Council. Currently, the Council has a Salmon Technical Team, Groundfish Management Team, Coastal Pelagic Species Management Team, Highly Migratory Species Management Team, Salmon Model Evaluation Workgroup, and Groundfish Endangered Species Workgroup.

Plan Development Teams focus on the development of fishery management plans. Currently there are no Plan Development Teams in operation.

Standing committees

Standing committees are made up of current Council members. The Budget Committee generally meets three times a year to review the Council’s budget and grant proposals, and the Legislative Committee monitors Federal legislation on Council operations and West Coast fisheries and develops a position and course of action for Council consideration.

Ad hoc committees

Ad-hoc committees are created to serve special needs—for example the Trawl Catch Share Community Advisory Board, Groundfish Cost Recovery Committee, Groundfish Electronic Monitoring Policy Advisory Committee, and Groundfish Electronic Monitoring Technical Advisory Committee.

For more information on the membership of the Council’s advisory bodies, contact the Council at the phone number on the first page of this information sheet or see the Council website at www.pcouncil.org.

Appointments and reviews

The Council continuously considers appointments to fill vacancies and adjust to personnel changes. All advisory Subpanel positions, the SSC at-large positions, and the HC tribal, industry, conservation, and at-large positions are limited to three-year terms.  Every third year, the Council reviews the composition and membership of all term-limited Advisory Body positions and appoints members for the subsequent three-year term.

Fact Sheet: Trawl catch shares

A large trawl vessel
The trawl vessel Excalibur in Newport, Oregon

The Council has created two catch share programs in the limited entry nontribal commercial groundfish fishery: a fixed gear sablefish program implemented in 2002, and a trawl catch share program implemented in 2011.  This fact sheet focuses on the trawl catch share program.

The trawl fishery makes up a large proportion of the groundfish fishery, which is typically the second most valuable commercial fishery on the West Coast, after Dungeness crab. In some years, the value of the commercial groundfish fishery exceeds the crab fishery. 

This program revolutionized the way the Council manages groundfish allocated to the trawl sector. Before catch shares, fishery managers and participants were concerned about too many vessels chasing too few fish, as well as competition between trawl sectors. 

In 2000, the Federal government declared the groundfish fishery a disaster. Several species were overfished, and the Council was using trip limits to manage the fishery for most species other than whiting. (Trip limits set the amount of fish allowed to be landed in a given two-month period). At the same time, the Magnuson-Stevens Fishery Conservation and Management Act had recently been reauthorized, placing strict limits and requirements around overfished species. In response, the Council reduced trip limits and closed large areas of the continental shelf to fishing.

The restrictive trip limits had a negative consequence: they forced vessels to dump excess fish overboard, mostly dead. This was a wasteful and widely unpopular practice that needed to be changed. At the same time, shorter and shorter seasons were making the whiting fisheries inflexible and inefficient.

The restrictions and closures to protect overfished species were very hard on the fleet and the communities that depended on a healthy fishing industry. Because the trawl fleet lands such a large amount of fish throughout the year, its health is critical to maintaining the fishing infrastructure (ice machines, hoists, processors) needed by other fisheries, including salmon, crab, shrimp, and others.

In 2003, a Federal buyout of trawl permits removed almost half of the historically used capacity of the trawl fleet and allowed some trip limits to be increased. Although this helped, it did not solve the problem. Around that time, the Council began formal discussions about creating a trawl catch share program.

The Council designed its catch share program to balance the needs of the fishery with those of communities, new fishery entrants, and small boat fishermen. The goals included increasing individual accountability, reducing bycatch, and improving economic efficiency, among others. 

The trawl catch share program was put in place in 2011 after eight years of discussion and dozens of public meetings. The Council continues to periodically review performance of the program and make adjustments to improve it.

How the program was developed

The catch share required two major policy developments: design of  the catch share system itself, and allocation of fish between the trawl and other sectors (see diagram).

Allocation of catch opportunity among sectors

For a catch share program to work, managers must specify the amounts of fish that will be allocated to each sector.  Within the limited entry trawl sector there are three subsectors, each of which has their own catch share system for which allocations are needed: vessels that deliver to processors on shore (“the shorebased sector”); at-sea motherships (which buy catch from shorebased vessels and process fish at sea); and catcher-processors (which both catch and process fish (mostly whiting) at sea.  The allocations for these subsectors are based on formulas set in Amendment 21 to the fishery management plan, or are determined during the biennial management process. 

A flow chart showing the sectors of the trawl fishery.

Some species are caught infrequently by the trawl sector and are not managed as part of the catch share program.  Certain amounts of these species are set aside from allocations, and catch is monitored to ensure that it stays within those set-asides, and to ensure that the entire groundfish fishery is within annual catch limits. 

Catch share program design

Initial allocation of quota

Shorebased: For the shorebased limited entry trawl sector, quota shares were allotted based on catch history and other factors. In addition, shorebased processors received 20 percent of the shorebased sector’s whiting quota shares. 

Mothership: In this sector, trawlers were allotted quota shares as what is called “catch history.”  Those allocations were based on their permit’s history in the fishery.  Catch history is different from quota shares in that it is allocated in non-divisible blocks.   

Catcher-Processors: In 1994, a license limitation program resulted in catcher processors buying permits from smaller vessels and combining them into ten larger permits. In 1997, whiting was allocated based on sector, and these ten permits joined together to form a co-op.

Limits on catch shares

One of the main goals of the catch share program was to make the fishery more efficient, which was expected to lead to fleet consolidation. The Council recognized that too much consolidation could harm communities and crew, so they placed limits on quota shares.

For shorebased fisheries, the Council limited the amount of individual fishing quota (IFQ) shares an individual could control at any one time and the amount of quota pounds a vessel could fish annually.

For the mothership sector, limits were placed on the amount of catch history any entity could own, the amount a vessel could catch, and the amount any single mothership processor could process. 

Allocations to the catcher-processor sector go to the entire sector. Although there are accumulation limits for this sector, they only go into effect if the owners of catcher-processor-endorsed permits fail to form a single co-op.

The Council also designed an “adaptive management” program that puts quota aside in a “public trust pool” in case it is needed to address problems caused by the program. For example, these shares can be used to support community and processor stability, conservation, new entry, or to compensate for unintended consequences. This program has not yet been used.

How it works

Shorebased sector 

As described above, quota shares were issued at the start of the program.  These quota shares can be transferred among participants and to new entrants, including crew members, communities, processors, or any other entity eligible to own a U.S fishing vessel.  Each year, quota share owners receive an allocation of quota pounds that vessels must use to cover their catch. 

Each vessel is responsible to the government for its own compliance with the catch share program. Vessels are responsible for buying or leasing the quota pounds in order to cover their harvest. Shorebased vessels generally harvest a mix of species, though for whiting trips the incidental catch of other species is low. Their ability to harvest all of their individual quota holdings, and the trawl allocations as a whole, depend on their ability to control the mix of species in their catch. Some species are always likely to be in shorter supply and to limit overall harvest.  If a vessel’s harvest exceeds its quota pound holdings, the vessel may not continue to fish until it has acquired quota pounds to cover its deficit. Vessels with trawl permits are also allowed to use non-trawl gears to catch their trawl quota pounds (known as gear switching).

The quota share program has reduced the unintended catch of overfished species. Quota pounds for overfished species have been more expensive than for other species, because the allowed harvest is low and fewer quota pounds are issued. This creates an incentive to avoid hotspots for these species and to develop gear to avoid them. Those who can avoid overfished species fare better economically, as they can land the rest of their quota without being shut down. If they can avoid catching overfished species, they can also generate revenue by leasing their unneeded overfished species quota to others.

Mothership sector

When the owners of a catcher vessel permit endorsed for delivery to motherships joins a mothership co-op then the allocation associated with that permit (its “catch history”) is assigned to that co-op as its annual allocation.  If a mothership catcher vessel chooses not to join a co-op, then its allocation is assigned to an open fishery in which all such vessels compete.  Vessels which join a co-op are responsible to the co-op for their catch. In turn, the co-op is responsible to the government for complying with its allocation. While only catcher vessels with mothership catcher vessel permits have catch history assignments, any trawl permitted vessel is eligible to fish for a co-op.  So far, every mothership endorsed catcher vessel with a mothership endorsed permit has decided to join a co-op and they have only formed one co-op (i.e. all vessels have joined the same co-op). 

While shorebased QS can be transferred to any person eligible to own a US documented fishing vessel, mothership sector catch history can only be transferred between limited entry mothership catcher vessel endorsed permits.

Catcher-processor co-ops

Each year, sector participants join to form a single co-op, which manages the sector’s entire allocation of whiting. If at some time in the future the sector fails to form a single co-op, the system will convert to an IFQ program and quota shares will be allocated equally among all catcher-processor permits. 

Trailing action policies

When the program was put in place, many old trawl regulations remained that were no longer needed. The Council changed and removed many of these outdated regulations–for example, extending the shoreside whiting season, eliminating restrictive gear regulations, allowing vessels to carry multiple trawl gear types at the same time, and largely eliminating the trawl shelf area closure used to limit impacts on overfished species. (See the Amendment 20 page for more details).

Program Reviews

As required by the MSA, the Council periodically reviews the performance of the program. For information on the effects of the program, see the five-year catch review finalized in 2017. The next program review is scheduled to begin in 2022.

For more information, please contact Council Staff Officer Jim Seger.

Fact Sheet: Exempted fishing permits

Exempted fishing permits (EFPs) allow for fishing activities that are exempt from the usual fishing regulations. They are a way for people and organizations involved in the fishery to experiment with new gears or techniques. The Council recommends EFPs to National Marine Fisheries Service, which is responsible for granting them.

Examples of past projects supported by an EFP include developing new gear types for an underutilized fishery and developing devices to reduce catch of prohibited species.

Why EFPs?

EFPs are commonly used to explore ways to reduce impacts on depressed stocks, encourage innovation and efficiency, measure the bycatch of overfished or other constrained stocks associated with certain fishing strategies, and evaluate current and proposed management measures. EFPs can also be used to study how to increase the use of underutilized species, explore areas of expansion for the groundfish fishery, and make harvesting more efficient.

Who can apply?

Anyone who would like to undertake fishing activities that would otherwise be prohibited, but fit within the purposes of an EFP, can apply for one. This includes Federal or state agencies, marine fish commissions, nonprofit organizations, and individuals. You don’t have to be the owner or operator of the vessel(s) for which the EFP is requested, but a copy of the permit must be on a participating vessel at all times during the EFP project.

Applying for an EFP

The deadlines for submitting EFP proposals varies depending on the fishery. (EFPs are conducted for groundfish, highly migratory species, and coastal pelagic species, but not salmon). Contact the relevant Council staff (listed below) about the specific schedule for submitting proposals for Council review.

Applicants for an EFP in any fishery must submit a completed application in writing that explains and justifies the goals of the EFP. The advisory bodies, Council, or Scientific and Statistical Committee may ask for additional information. It can take several Council meetings for all of the necessary review to occur. Applicants are required to collect data and provide reports on results of approved EFPs.

See examples:

For best results

For best results, you should work with a NMFS Science Center, or other research organization, on the experimental design before submitting an EFP application to assure that your approach is sound. This will speed up the review process.

Once a Council recommendation is forwarded, NMFS publishes a Federal Register notice of the receipt of your application. NMFS may also need to write an environmental analysis of the impacts of the EFP before the permit can be issued. Given this process, plan on at least 6 to 18 months from the date of application submittal before the EFP is issued.

More information

For more information on EFPs, contact:

All are available by telephone at 503-820-2280.

Fact sheet: Habitat and essential fish habitat

Young fish swim among the weeds
School of juvenile chinook/king salmon Photo credit: USFWS/Togiak National Wildlife Refuge

Habitat is the environment where an animal lives, feeds, reproduces, and grows.

Many fish move through different habitats during their lives. For example, a fish might spawn in the surf zone, but live as an adult in open water; or might move seasonally into different depths or substrates. Fish move into different habitats for feeding, spawning, to avoid predation, and for other reasons.

The Magnuson-Stevens Fishery Conservation and Management Act (MSA) identifies habitat loss as a key issue of concern, and requires Councils and the National Marine Fisheries Service (NMFS) to identify and protect the habitats of species managed under fishery management plans.

Councils may restrict certain fishing locations or gear to protect EFH, deepsea corals, or other habitats not specifically designated as EFH.

Essential fish habitat is “those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity.” This may include areas that were historically used by fish, like a river above a dam.

A habitat area of particular concern (HAPC) is “a specific habitat area or type of habitat that plays an important role in a species’ life cycle, or that is sensitive, rare, or vulnerable.” Councils may restrict fishing in HAPCs.

Essential fish habitat (EFH)

EFH is “those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity,” including areas that were historically used by fish, like a river above a dam. In their fishery  management plans, Councils must identify and describe EFH for all life cycles of each managed species. 

These descriptions must address each life stage and managed species, and must include maps and other details related to habitat needs. Councils must periodically review and update EFH provisions as new information becomes available. 

EFH descriptions must address fishing impacts that may adversely affect EFH, and may include fishing-related actions to protect EFH such as time and area closures, gear restrictions, and other actions.

Each fishery management plan must also describe impacts from non-fishing activities that could affect EFH. In cases involving a Federal action, NMFS must provide the “action agency” with conservation recommendations to avoid, minimize, or mitigate for the impacts. Such Federal actions might include permits issued by the U.S. Army Corps of Engineers for dredging or jetty maintenance, or U.S. Forest Service plans for forest management activities.

Fishery management plans may also include “habitat areas of particular concern,” which are a subset of EFH designed to highlight especially important habitat areas or types that should be given greater consideration in developing conservation recommendations for both fishing and non-fishing activities.

Groundfish EFH

The Council’s groundfish fishery management plan includes more than 100 species that range over the entire U.S. West Coast Exclusive Economic Zone (EEZ). Groundfish include many species of rockfish, sablefish, flatfish, and Pacific whiting that are often (but not exclusively) found on or near the ocean floor or other structures.

Groundfish EFH includes all waters and substrate from the high tide line (including estuaries) to 3,500 meters (1,914 fathoms) in depth. (For a more technical explanation, go to http://tinyurl.com/24kvnx7 section 7.2). The figure below shows the overall extent of Pacific Coast groundfish EFH.

The Council identified five HAPC types: estuaries, canopy kelp, seagrass, rocky reefs, and “areas of interest.” Areas of interest can include a variety of submarine features, such as banks, seamounts, and canyons. They can also include other types of spatially-delineated areas such as all Washington State waters and the Cowcod East Conservation Area off Southern California.

The Council has also adopted measures to minimize and mitigate the adverse impacts of fishing on groundfish EFH. These include areas closed to bottom trawling and/or all bottom contact fishing (such as longline and pot fishing) to protect sensitive habitats.

Coastal pelagic species EFH

The coastal pelagic species (CPS) fishery includes four finfish (Pacific sardine, Pacific (chub) mackerel, northern anchovy, and jack mackerel), and market squid. CPS finfish generally live nearer to the surface than the sea floor, and can move substantial distances throughout their lives. The definition of EFH for CPS is based on the temperature range where they are found, and on the geographic area where they occur at any life stage. This range varies widely according to ocean temperatures.

The east-west boundary of CPS EFH includes all marine and estuary waters from the coasts of California, Oregon, and Washington to the limits of the EEZ and above the thermocline where sea surface temperatures range between 10° and 26° centigrade. (A thermocline is an area where water temperatures change rapidly, usually from colder at the bottom to warmer on top). The southern boundary is the U.S./Mexico maritime boundary. The northern boundary is more changeable and is defined as the position of the 10° C isotherm, which varies seasonally and annually. (The 10° C isotherm is a rough estimate of the lowest temperature where finfish are found, and represents their northern boundary).

Salmon EFH

Salmon range from more than 1,000 miles inland to thousands of miles out at sea, and thus depend on a wide variety of habitats to complete their life cycle. EFH in fresh water includes all of the water bodies on the West Coast that salmon historically occupied, except the habitat above some impassable barriers. Salmon EFH also includes the entire West Coast EEZ north of Point Conception, California, and the marine waters off Alaska that are designated salmon EFH by the North Pacific Fishery Management Council.

The figure on the next page shows the overall extent of EFH for Chinook, coho, and Puget Sound pink salmon. Sockeye salmon, chum salmon, steelhead, and pink stocks originating outside of Puget Sound are not federally managed, and thus do not have EFH established.

The Council is required to minimize the negative impacts of fishing activities on essential salmon habitat, such as the effects of fishing gear (to the extent the gear impacts habitat, or removes salmon prey species), the effect of salmon fishing on reducing nutrients in streams due to fewer salmon carcasses in the spawning grounds, the presence of marine debris and derelict gear, shellfish harvest, and recreational fishing activities. The Council may use gear restrictions, time and area closures, and harvest limits to reduce negative impacts on salmon EFH. However, the Council has not imposed such restrictions on the salmon fishery.

Highly migratory species EFH

Defining EFH for highly mobile species such as tuna, swordfish, and sharks is a challenging task, not unlike defining EFH for coastal pelagic species. These species range widely in the ocean, both in terms of area and depth, and often spawn well outside the U.S. EEZ. Their habitat is defined by temperature ranges, salinity, oxygen levels, currents, shelf edges, and seamounts, and varies substantially among species.

The fishery management plan for highly migratory species contains descriptions of their EFH. EFH for the tuna species generally encompasses Federal waters off southern California, but for albacore tuna adults, EFH extends north to the U.S.-Canada border. In addition, some species are nearer to shore than others, or prefer different temperature ranges. EFH for sharks varies, but is associated more with the EEZ off California that off the Pacific Northwest.

The Habitat Committee

The Council’s Habitat Committee (HC) provides advice to the Council on a wide variety of habitat-related issues.  The HC works with other advisory bodies on habitat issues, helps develop ways to resolve habitat problems and avoid future habitat conflicts, and makes recommendations for actions that will help achieve the Council’s habitat objectives. Meetings are open to the public.

EFH consultation

The National Marine Fisheries Service is responsible for providing conservation recommendations for any Federal agency action that may adversely affect EFH.  Actions that occur outside of EFH, but that might affect the habitat, must also be taken into account. Private landowners do not need to consult with NMFS on private land activities (however, such activities may be subject to other regulations). Only if the project is funded, permitted, or authorized by a Federal agency and the project may adversely affect EFH is consultation with NMFS required. In addition, Councils and NMFS may issue conservation recommendations on state agency actions that may adversely affect EFH. 

Deep water habitat protections

As part of the review of Pacific Coast Groundfish EFH, concluded in 2018, the Council also approved habitat protections for benthic habitats deeper than 3500 meters. The Magnuson Act includes discretionary provisions that may be used to provide habitat or species protections in areas outside of designated EFH. The new provisions prohibit groundfish bottom contact fishing activities in all U.S. EEZ waters deeper than 3500 meters. Although there is no bottom contact fishing occurring in those areas, the Council would consider exempted fishing permit applications if someone wished to begin fishing there.

For more information, contact Council staff officer Kerry Griffin (Kerry.griffin@noaa.gov) or call the number on the front page of this fact sheet.

Fact Sheet: Annual catch limits and other management thresholds

The Magnuson-Stevens Act requires annual catch limits and other management thresholds for all actively managed stocks and stock complexes. The terms and reference points used in the Pacific Council’s harvest management frameworks are described below. 

Common acronyms

MSY     Maximum sustainable yield. A long-term average yield usually estimated in a stock assessment.
OY        Optimum yield. Long-term average amount of desired yield from a stock, complex, or fishery. OY considers overall benefits to the nation, including economic factors.
OFLOverfishing limit. Best estimate of the maximum amount of a stock that can be caught in a year without resulting in overfishing.
ABCAcceptable biological catch. An annual catch level that considers scientific uncertainty.
ACLAnnual catch limit. The amount of fish that can be harvested annually.
AMAccountability measure(s). Measures to ensure a harvest stays within its ACL.
ACTAnnual catch target. A target that accounts for management uncertainty.
HGHarvest guideline. A harvest target for a sector or sectors, a region, or any other subset of the fishery for any particular fishing season.

Maximum sustainable yield

A long-term average yield usually estimated in a stock assessment

Maximum sustainable yield (MSY) is the maximum catch that can be harvested from a fishery on a continuing basis under prevailing conditions. If a stock or stock complex is harvested on a continuing basis at MSY (corresponds to “fishing mortality at MSY,” denoted by FMSY), its abundance will approach a long-term average biomass (“biomass at MSY,” or BMSY), at which it will fluctuate.

MSY, FMSY and BMSY should be estimated for each actively managed stock based on the best scientific information available. When there is not enough quality data to make good estimates, or when there is great uncertainty in these estimates, these values are assumed using “proxies.” Proxy FMSY and BMSY reference points are currently used for all West Coast groundfish stocks.

Optimum yield

Considers the overall benefit to the nation, including economic factors

Optimum yield (OY) is the long-term average amount of fish that will provide the greatest overall benefit to the nation, particularly with respect to food production and recreational opportunities, and taking into account the protection of marine ecosystems. OY is prescribed on the basis of the MSY from the fishery, as reduced by any relevant economic, social, or ecological factor. In other words, OY is the amount of desired yield from a stock, complex, or fishery. The OY cannot exceed the MSY, and must be achieved while preventing overfishing. If a fishery is already overfished, the OY must provide for rebuilding to a level consistent with producing the MSY. Councils must specify OYs in their fishery management plans.

Overfishing limit

The most fish that can be caught in a year without overfishing

The overfishing limit (OFL) is the maximum amount of a stock that can be caught in a year without resulting in overfishing. Groundfish OFLs for assessed stocks are typically determined by multiplying the estimated abundance of the exploitable biomass of a stock by the FMSY harvest rate.  There are also methods for determining OFLs for unassessed stocks. Setting OFLs is a scientific (as opposed to policy) determination made by the Scientific and Statistical Committee (SSC). OFLs are set for every actively managed stock or stock complex.

Acceptable biological catch

Measures scientific uncertainty

The acceptable biological catch (ABC) is an annual catch level recommended by the SSC based on the OFL. The ABC considers the uncertainty in estimating the OFL and, under the Pacific Coast Groundfish Fishery Management Plan, is always less than the OFL. An annual catch limit cannot exceed the ABC. In general, the more scientific uncertainty there is in estimating the OFL, the bigger the difference between the ABC and OFL.

An ABC control rule is a specified approach to calculate the ABC for a stock. It is established by the Council with advice from its SSC. The SSC’s recommendation for ABC should be based on the control rule, although exceptions are allowed if they are well-justified. The P* ABC control rule is the most common ABC rule used by the Pacific Council (see details below).

P* (P-star) and σ (sigma): The risk of overfishing

P* (the probability of overfishing) is a value that equates to the risk of exceeding the OFL. A high P* of 0.5 means there is a 50% risk of overfishing and, when applied to set the ABC, determines an ABC equal to the OFL (which is not allowed for Council-managed groundfish). A low P* of 0.1 means a 10% risk of overfishing.

The ABC buffer is calculated by applying the P* to a biomass variance (σ); high sigmas coupled with low P*s determine larger ABC buffers. The SSC determines the sigma, which varies by the category of stock. Stocks are categorized by the level of uncertainty in determining the OFL; higher sigmas are specified for stocks with greater uncertainty. The P* value is a policy determination made by the Council reflecting their preferred level of risk tolerance in setting an overall harvest level for the stock or stock complex. The highest P* allowed for groundfish is 0.45.

Annual catch limit

The total catch limit for an actively managed stock or stock complex

The annual catch limit (ACL) is the amount of total catch (i.e., landings + discard mortalities) specified for an actively-managed stock or stock complex. The ACL can be set equal to or less than the ABC. The ACL accounts for all sources of fishing-related mortality including catches in research activities. The Council sets the ACL based on conservation concerns (e.g., rebuilding objectives), socioeconomic considerations, ecological considerations, and/or the preferred level of risk in harvesting the stock or stock complex. Inseason management of the fishery is done to prevent exceeding an ACL, including early closure of the fishery, if inseason catch monitoring projects early attainment of an ACL.

Accountability measures

Ensure harvest stays within an ACL

Accountability measures are management controls that prevent ACLs from being exceeded. They can also correct an overage (over-harvest) of an ACL if it occurs.

Accountability measures fall into two categories: inseason catch monitoring and fishery adjustments, and other measures specified before the start of a fishing season to reduce the risk of exceeding an ACL.

Inseason adjustments are restrictions that can be put in place during the fishing season and are designed to keep a catch limit from being exceeded. They are usually short-term and can include seasonal adjustments, trip or bag limits, area closures, or temporary closure of the fishery.

Accountability measures can also be triggered if an ACL is exceeded. These are restrictions put in place to address the cause of the initial overage and prevent it from happening again. They can involve modifications to management measures decided during a fishing season (i.e., inseason adjustments) or precautionary management measures (e.g., annual catch targets) specified for the following fishing season to account for the previous season’s catch overage.

Annual catch target

A management target accounting for management uncertainty

The annual catch target (ACT) is an accountability measure and is the amount of annual catch of a stock or stock complex that is the management target of the fishery. A stock or stock complex’s ACT, when specified, is less than the ACL and is either sector-specific (i.e., a sector’s allocation of the ACL) or a catch level less than the ACL to account for management uncertainty. Designation of an ACT is not required under the Magnuson-Stevens Act.

Harvest guideline

A season’s harvest

Harvest guideline is another accountability measure and is a harvest target for a sector or sectors, a region, or any other subset of the fishery for any particular fishing season. Harvest guidelines are used to allocate the allowable harvest of a stock or stock complex by time, area, or sector as needed to provide equitable and sustainable harvest opportunities to affected fishing sectors and fishing communities.

All U.S. fisheries have a similar harvest management framework in place. The Pacific Council describes its harvest management framework in Amendment 16 of the salmon fishery management plan, Amendment 9 of the coastal pelagic species fishery management plan, Amendment 23 of the groundfish fishery management plan, and Amendment 2 of the highly migratory species fishery management plan.

Summary

Table showing relationship between harvest specifications and management measures

Success in preventing overfishing also requires keeping management and scientific uncertainty in the measurements to a minimum. As scientific information improves, scientific uncertainty decreases. As reporting of catches becomes more accurate, and fishery controls become more effective, management uncertainty also decreases with less need for specifying accountability measures.

Compiled from several sources, including “Preventing Overfishing,” a website developed by NOAA (www.preventoverfishing.com).

Fact Sheet: Overfishing and rebuilding

Currently the Council is rebuilding one groundfish stock: yelloweye rockfish.

The Magnuson-Stevens Fishery Management and Conservation Act, or MSA (the primary legislation that governs fishery management) requires that every Council end overfishing and rebuild overfished stocks. Therefore, if a Council-managed species is overfished or is being overfished, the Council must reduce catches to a level that allows the population to rebuild to a healthy size

The terms “overfishing” and “overfished” are defined in the MSA. While stocks may decline for reasons other than fishing (for example, habitat loss or environmental factors), at this point these terms are still used to indicate the status of the stock.

Stock status determinations

The amount of fishing a stock can sustain depends on its productivity. When no fishing takes place, productivity is actually lower because growth and mortality of the stock are roughly balanced.

As the size of the stock, or biomass, approaches maximum sustainable yield (designated BMSY), the stock becomes more productive because there is less competition for resources. At this point the stock actually generates more fish than are needed to replace fish that die of natural causes. Most fish populations can be fished well below their unfished biomass level (the stock size if fishing never occurred) and still be sustained and capable of returning to their unfished status. For a very productive stock, BMSY can be a small fraction of the unfished biomass.

One of the main goals of fishery management is to keep stocks around BMSY. If the population falls below that level, productivity can decrease because there aren’t as many fish reproducing. Abundance indicators are in place to help managers understand the stock’s status, or the health of the spawning population. If a population starts to fall below a certain level, these indicators can trigger a precautionary reduction in harvest (for example, annual catch limits).

If a stock is undergoing overfishing or is overfished, National Marine Fisheries Service declares a stock status change and the Council must develop measures to help ensure the stock can return to a healthy state. If a stock is declared overfished, then a rebuilding plan is required. Rebuilding plans outline measures to be taken until the stock is rebuilt.

Overfishing

Overfishing occurs when the level of harvest or fishing-related mortality is too high compared to the estimated population size (BMSY). The gauge to determine if a stock is subject to overfishing is called the maximum fishing mortality threshold (MFMT), and is typically described as a harvest or exploitation rate. If stock has exceeded MFMT in a given year, then it has been subject to overfishing. If overfishing continues and the population is driven too low, the stock may become overfished.

Overfished

A fish stock is “overfished” when its population size (in terms of spawning biomass) falls below a certain level or threshold. The minimum stock size threshold (MSST) is commonly used to determine if a stock is overfished and is typically set at half of BMSY. In the case of salmon, MSST is the number of adult spawners associated with MSY (SMSY). Stocks can become overfished due to overfishing, but that is not always the case. In salmon management, a stock is considered overfished if the three-year geometric mean of spawning escapement is less than MSST.

Rebuilding

After a stock has been declared overfished and the population begins to improve, the status changes from “overfished” to “rebuilding” once the stock reaches MSST, but has not yet regained BMSY or SMSY. This shows the population is making progress towards meeting the rebuilding goals. 

Rebuilt

A stock is considered “rebuilt” when the population meets or exceeds BMSY, or, in the case of salmon, when spawning escapement exceeds the three-year geometric mean of SMSY.

Rebuilding Plans

Rebuilding plans direct the process of rebuilding overfished species. There are three important aspects to rebuilding: the abundance of the spawning stock, the time needed to rebuild the stock, and the rate of fishing that allows the stock to increase to the target level (BMSY or SMSY). A rebuilding plan prescribes the management measures and strategy that will be used to rebuild the fish stock. Often, the conditions triggering the stock’s low abundance are environmental, yet the Council must do what it can to help the stock rebuild.

Certain elements of rebuilding plans are pre-determined at the national level. For example, time limits for rebuilding are set out in the Magnuson-Stevens Act. The Council is able to choose a fishing mortality rate, the corresponding annual level of fishing, and the duration of the rebuilding plan within the statutory limits. When developing a rebuilding plan, the Council must also take into consideration the needs of the tribal, commercial, and recreational fishing interests and the economic importance of the fisheries to coastal communities.

Rebuilding Time Frame

Two boundaries, called TMIN and TMAX, are used to determine the amount of time required to rebuild a stock (the T stands for time). The minimum boundary (TMIN) is set by calculating how long the stock would take to rebuild if no fish were caught. This depends on life history traits affecting the productivity of the stock. TMAX is the maximum allowable time for stock rebuilding. It is set by Federal law, and must be no more than 10 years if the stock is capable of rebuilding that quickly. Otherwise, the statutory maximum time to rebuild (TMAX) is determined based on calculating the minimum time to rebuild (TMIN) plus one mean generation time. Mean generation time is the estimated time it takes a spawning female to be replaced by a spawning female in the next generation.

Rebuilding analyses

The Council relies on rebuilding analyses, which provide estimates of the time to rebuild under different harvest strategies.

Rebuilding analyses typically describe rebuilding in terms of probability, or the likelihood the stock will rebuild under varying time intervals. Probability is also a measure of risk. If a particular course of action is less likely to produce the desired outcome, it may be considered riskier.

The rebuilding analyses that the Council uses to determine rebuilding harvest policies estimate the probability that the overfished stock will rebuild by TMAX or any other interval under a given harvest strategy. Rebuilding probabilities inform a crucial policy choice: lower harvest levels result in a higher probability that the stock will rebuild in time, and vice versa.

The median time to rebuild in a rebuilding analysis under any given harvest rate or strategy is the year predicted to have a 50% probability that the stock will reach BMSY by this year. The Council usually uses the median time to rebuild as the target year (TTARGET) in formulating its policy recommendation, as long as it’s no greater than TMAX. By court precedent and national policy, rebuilding probabilities cannot be less than 50%.

Balancing tradeoffs

Rebuilding a stock is a tradeoff between sharply reducing catches in the short term to rebuild a stock quickly, or allowing more catch and waiting longer for a stock to rebuild.

In finding a balance between rebuilding stocks quickly and allowing some fishing opportunities during rebuilding, the Council is limited by the biology of the stock and by national policy. All other things being equal, a stock will rebuild fastest if there is no fishing at all, but this would be hard on fishing communities, and the Council is required to take community impacts into account.

Choosing a timeframe can be difficult and controversial. If managers choose a very early target date (only a few years after the lower time limit, TMIN), then almost all fishing may have to cease in order for the stock to recover. Catch limits may be too low to allow access to co-mingled, healthy target stocks. On the other hand, if managers opt for a target year far in the future (very close to the upper time limit, TMAX), it will take longer to realize the economic and ecological benefits of a rebuilt stock.

Fact Sheet: National Environmental Policy Act

NEPA, or the National Environmental Policy Act, was enacted in 1970. NEPA is a major environmental law which applies whenever Federal funds (your tax dollars) are used on a proposed project, such as removing a dam. Conservation and management of a renewable resource (for example, managing a fishery) must also abide by NEPA rules.

NEPA [42 U.S.C. 4321 et seq.] establishes national environmental policy and goals for the protection, maintenance, and enhancement of the environment and provides a process for implementing these goals within Federal agencies.

NEPA requirements

NEPA requires Federal agencies to disclose the environmental consequences of a proposed action, and to investigate and document alternatives to the proposed action. Agencies must make all relevant information available to the public, with opportunities for public comment before a decision is made.

The NEPA process

There are three levels of analysis under NEPA: determining whether a categorical exclusion applies; preparing an environmental assessment (EA) or finding of no significant impact (FONSI); and preparing an environmental impact statement (EIS).

Categorical Exclusion: An action may be categorically excluded from a detailed environmental analysis if a Federal agency has determined that it has no significant environmental impact. Many agencies have lists of actions that are categorically excluded from environmental evaluation under their NEPA regulations.

Environmental Assessment/FONSI: At the second level of analysis, a Federal agency prepares a written environmental assessment to determine whether or not an undertaking would significantly affect the environment. If the answer is no, the agency issues a “finding of no significant impact,” or FONSI, which may include measures to mitigate any impacts.

Environmental Impact Statement: An EIS is a more detailed evaluation of the proposed action and alternatives. If an agency expects a project to significantly impact the environment, and sometimes when a project is controversial, it may prepare an EIS without having to first prepare an EA.

The public, other agencies, and outside parties may provide input into the preparation of an EIS and then comment on the draft. After the final EIS is prepared and a decision is made, the agency must prepare a public record of its decision explaining how the findings of the EIS were incorporated into the decision‐making process.

Components of an environmental impact statement

The basic components of an EIS include:

  • Purpose and need of a proposed action (e.g., reduce overfishing of a rockfish)
  • Alternatives including the agency’s preferred alternative(end fishing altogether, allow a small amount of fishing, do nothing)
  • Affected environment (includes the fishermen, fishing communities, the resource, and the environment)
  • Environmental consequences (how will the action affect the economics of the fishery, the communities, the resource, etc.?)

The “no action” alternative

A “no action” or “status quo” alternative is required by NEPA and acts as a benchmark. For example, if the Council proposed to change how a fishery is managed, an EIS would need to document the consequences of  not taking action along with the proposed action and other reasonable alternatives.

Choosing an alternative

The NEPA process requires the Council to weigh many factors when choosing a preferred alternative. For example, the biological effects of catch limits must be weighed against the economic and social impacts to the participants of the fishery before the Council chooses a preferred alternative. However, National Standard 1 of the Magnuson‐Stevens Act directs the Council to choose alternatives that prevent overfishing while achieving optimum yield.

NEPA and fisheries management

In order to simplify documentation for the public and decision‐makers, National Marine Fisheries Service (NMFS) and the fishery management Councils have often combined fishery management plans, plan amendments, and proposed regulations and EISs into one integrated document. By including the four main requirements of NEPA (above) in an EIS, presenting the information to the public before a decision is made, and then presenting a preferred alternative based upon the research and public comment, NMFS and the Council will have made an informed decision, which is the goal of NEPA.

NEPA is just one of the many laws that apply to the fishery management process as dictated by the Magnuson‐Stevens Fishery Conservation and Management Act (see our MSA fact sheet). Other laws include the Endangered Species Act, Marine Mammal Protection Act, Coastal Zone Management Act, Executive Orders, Regulatory Flexibility Act, and Paperwork Reduction Act.

Why must the Council follow NEPA?

NMFS is the lead agency in implementing fishery management decisions, and takes responsibility for environmental documentation (although Council staff also contribute to NEPA analyses). Since NOAA is a Federal agency where Federal funds are used, NEPA is required.

NEPA and public involvement

Both NEPA and the Magnuson‐Stevens Act encourage public involvement. In creating an EIS, the Council holds public scoping meetings and public hearings that serve as opportunities for public comment. In addition, the process includes comment periods during which the Council is open to receive written comments concerning a specific management plan. Responses to public comments are incorporated and into the final EIS.

Before NEPA, Federal agencies weren’t necessarily required to disclose information to the public before performing an action. Now, because of NEPA, agencies often hold hearings and meetings that provide the public with an opportunity to get involved in the process. The public can comment on proposed management alternatives or propose new solutions that the agency might have overlooked in satisfying a purpose and need. The Council highly values this public input. For more information, see our fact sheet “Getting Involved.”

NEPA Contact: Kit Dahl