34 resultados para Federal laws

em Aquatic Commons


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While the homes threatened by erosion and the developer illegally filling in marshlands are the projects that make the headlines, for many state regulatory programs, it’s the residential docks and piers that take up the most time. When is a dock too long? What about crossing extended property lines? And at what point does a creek have too many docks? There are no easy answers to these questions. At the request of the Georgia Coastal Management Program, the National Oceanic and Atmospheric Administration (NOAA) Coastal Services Center published in April 2003 an inventory of residential dock and pier management information for the southeastern U.S. This inventory builds upon that effort and includes five New England states and one municipality: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and the Town of Falmouth, Massachusetts. Federal laws, state laws and regulations, permitting policies, and contact information are presented in a tabular format that is easy to use. (PDF contains 16 pages)

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While the homes threatened by erosion and the developer illegally filling in marshlands are the projects that make the headlines, for many state regulatory programs, it’s the residential docks and piers that take up the most time. When is a dock too long? What about crossing extended property lines? And at what point does a creek have too many docks? There are no easy answers to any of the dock and pier related questions. Each state has to craft the laws and policies that are best for its natural resources and its political and legal environment. At the same time, mistakes in judgment can be costly for the organization, the homeowner, and the natural resources. At the request of the Georgia Coastal Management Program, the National Oceanic and Atmospheric Administration (NOAA) Coastal Services Center compiled an inventory of dock information for four states—Georgia, Florida, North Carolina, and South Carolina. Federal laws, state laws and regulations, permitting policies, and contact information are included in a tabular format that is easy to use. (PDF contaions 18 pages)

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The National Marine Fisheries Service (NMFS) is dedicated to the stewardship of living marine resources (LMR’s). This is accomplished through science-based conservation and management, and the promotion of healthy ecosystems. As a steward, NMFS has an obligation to conserve, protect, and manage these resources in a way that ensures their continuation as functioning components of healthy marine ecosystems, affords economic opportunities, and enhances the quality of life for the American public. In addition to its responsibilities within the U.S. Exclusive Economic Zone (EEZ), NMFS plays a supportive and advisory role in the management of LMR’s in the coastal areas under state jurisdiction and provides scientific and policy leadership in the international arena. NMFS also implements international measures for the conservation and management of LMR’s, as appropriate.NMFS receives its stewardship responsibilities under a number of Federal laws. These include the Nation’s primary fisheries law, the Magnuson Fishery Conservation and Management Act. This law was first passed in 1976, later reauthorized as the Magnuson-Stevens Fishery Conservation and Management Act in 1996, and reauthorized again on 12 January 2007 as the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA). The MSRA mandates strong action to conserve and manage fishery resources and requires NMFS to end overfishing by 2010 in all U.S. commercial and recreational fisheries, rebuild all overfished stocks, and conserve essential fish habitat.

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The National Marine Fisheries Service (NMFS) Northeast Fisheries Science Center (NEFSC) Fisheries Sampling Branch (FSB) collects, maintains, and distributes data for scientific and management purposes in the northwest Atlantic Ocean. FSB manages three separate but related observer programs: the Northeast Fisheries Observer Program (NEFOP), the Industry Funded Scallop (IFS) Observer Program, and the At Sea Monitoring (ASM) Program. For the purposes of this manual, “observers” refers to any observer/monitor working for the FSB. In 2011, FSB trained and deployed over 200 observers, provided coverage on a variety of fisheries, and completed over 15,000 sea days. Observed trips are required under many of the region's fishery management plans, and for some fisheries by other federal laws and authorities such as Amendment 16 and Framework 44, Magnuson-Stevens Fishery Conservation and Management Act, Marine Mammal Protection Act, the Endangered Species Act, the and the Sustainable Fisheries Act. The purpose of this guide is to provide FSB observers, as well as end users of NEFSC Observer Program data, with a detailed description of each data field collected. In addition to this manual, the NEFSC Observer Program Biological Sampling and Catch Estimation Manual provides summaries and tables intended to enable observers to quickly determine the correct sampling protocols and methods while at sea. This manual represents a revision of the data forms, collection procedures, and protocols described in the 1996 NEFSC Observer Program Manual. For documentation of other changes see Documentation of changes made to the NEFSC Fisheries Observer Program Manual, 2013.

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Mid-frequency active (MFA) sonar emits pulses of sound from an underwater transmitter to help determine the size, distance, and speed of objects. The sound waves bounce off objects and reflect back to underwater acoustic receivers as an echo. MFA sonar has been used since World War II, and the Navy indicates it is the only reliable way to track submarines, especially more recently designed submarines that operate more quietly, making them more difficult to detect. Scientists have asserted that sonar may harm certain marine mammals under certain conditions, especially beaked whales. Depending on the exposure, they believe that sonar may damage the ears of the mammals, causing hemorrhaging and/or disorientation. The Navy agrees that the sonar may harm some marine mammals, but says it has taken protective measures so that animals are not harmed. MFA training must comply with a variety of environmental laws, unless an exemption is granted by the appropriate authority. Marine mammals are protected under the Marine Mammal Protection Act (MMPA) and some under the Endangered Species Act (ESA). The training program must also comply with the National Environmental Policy Act (NEPA), and in some cases the Coastal Zone Management Act (CZMA). Each of these laws provides some exemption for certain federal actions. The Navy has invoked all of the exemptions to continue its sonar training exercises. Litigation challenging the MFA training off the coast of Southern California ended with a November 2008 U.S. Supreme Court decision. The Supreme Court said that the lower court had improperly favored the possibility of injuring marine animals over the importance of military readiness. The Supreme Court’s ruling allowed the training to continue without the limitations imposed on it by other courts. (pdf contains 20pp.)

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Hurricane Isabel made landfall as a Category 2 Hurricane on 18 September 2003, on the North Carolina Outer Banks between Cape Lookout and Cape Hatteras, then coursed northwestward through Pamlico Sound and west of Chesapeake Bay where it downgraded to a tropical storm. Wind damage on the west and southwest shores of Pamlico Sound and the western shore of Chesapeake Bay was moderate, but major damage resulted from the storm tide. The NOAA, National Ocean Service, National Centers for Coastal Ocean Sciences, Center for Coastal Fisheries and Habitat Research at Beaufort, North Carolina and the Center for Coastal Environmental Health and Biomedical Research Branch at Oxford, Maryland have hurricane preparedness plans in place. These plans call for tropical storms and hurricanes to be tracked carefully through NOAA National Weather Service (NWS) watches, warnings, and advisories. When a hurricane watch changes to a hurricane warning for the areas of Beaufort or Oxford, documented hurricane preparation plans are activated. Isabel exacted some wind damage at both Beaufort and Oxford. Storm tide caused damage at Oxford, where area-wide flooding isolated the laboratory for many hours. Storm tide also caused damage at Beaufort. Because of their geographic locations on or near the open ocean (Beaufort) or on or near large estuaries (Beaufort and Oxford), storm tide poses a major threat to these NOAA facilities and the safety of federal employees. Damage from storm surge and windblown water depends on the track and intensity of a storm. One tool used to predict storm surge is the Sea, Lake, and Overland Surges from Hurricanes (SLOSH) model of the NWS, which provides valuable surge forecasts that aid in hurricane preparation.

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This technical memorandum documents the design, implementation, data preparation, and descriptive results for the 2006 Annual Economic Survey of Federal Gulf Shrimp Permit Holders. The data collection was designed by the NOAA Fisheries Southeast Fisheries Science Center Social Science Research Group to track the financial and economic status and performance by vessels holding a federal moratorium permit for harvesting shrimp in the Gulf of Mexico. A two page, self-administered mail survey collected total annual costs broken out into seven categories and auxiliary economic data. In May 2007, 580 vessels were randomly selected, stratified by state, from a preliminary population of 1,709 vessels with federal permits to shrimp in offshore waters of the Gulf of Mexico. The survey was implemented during the rest of 2007. After many reminder and verification phone calls, 509 surveys were deemed complete, for an ineligibility-adjusted response rate of 90.7%. The linking of each individual vessel’s cost data to its revenue data from a different data collection was imperfect, and hence the final number of observations used in the analyses is 484. Based on various measures and tests of validity throughout the technical memorandum, the quality of the data is high. The results are presented in a standardized table format, linking vessel characteristics and operations to simple balance sheet, cash flow, and income statements. In the text, results are discussed for the total fleet, the Gulf shrimp fleet, the active Gulf shrimp fleet, and the inactive Gulf shrimp fleet. Additional results for shrimp vessels grouped by state, by vessel characteristics, by landings volume, and by ownership structure are available in the appendices. The general conclusion of this report is that the financial and economic situation is bleak for the average vessels in most of the categories that were evaluated. With few exceptions, cash flow for the average vessel is positive while the net revenue from operations and the “profit” are negative. With negative net revenue from operations, the economic return for average shrimp vessels is less than zero. Only with the help of government payments does the average owner just about break even. In the short-term, this will discourage any new investments in the industry. The financial situation in 2006, especially if it endures over multiple years, also is economically unsustainable for the average established business. Vessels in the active and inactive Gulf shrimp fleet are, on average, 69 feet long, weigh 105 gross tons, are powered by 505 hp motor(s), and are 23 years old. Three-quarters of the vessels have steel hulls and 59% use a freezer for refrigeration. The average market value of these vessels was $175,149 in 2006, about a hundred-thousand dollars less than the average original purchase price. The outstanding loans averaged $91,955, leading to an average owner equity of $83,194. Based on the sample, 85% of the federally permitted Gulf shrimp fleet was actively shrimping in 2006. Of these 386 active Gulf shrimp vessels, just under half (46%) were owner-operated. On average, these vessels burned 52,931 gallons of fuel, landed 101,268 pounds of shrimp, and received $2.47 per pound of shrimp. Non-shrimp landings added less than 1% to cash flow, indicating that the federal Gulf shrimp fishery is very specialized. The average total cash outflow was $243,415 of which $108,775 was due to fuel expenses alone. The expenses for hired crew and captains were on average $54,866 which indicates the importance of the industry as a source of wage income. The resulting average net cash flow is $16,225 but has a large standard deviation. For the population of active Gulf shrimp vessels we can state with 95% certainty that the average net cash flow was between $9,500 and $23,000 in 2006. The median net cash flow was $11,843. Based on the income statement for active Gulf shrimp vessels, the average fixed costs accounted for just under a quarter of operating expenses (23.1%), labor costs for just over a quarter (25.3%), and the non-labor variable costs for just over half (51.6%). The fuel costs alone accounted for 42.9% of total operating expenses in 2006. It should be noted that the labor cost category in the income statement includes both the actual cash payments to hired labor and an estimate of the opportunity cost of owner-operators’ time spent as captain. The average labor contribution (as captain) of an owner-operator is estimated at about $19,800. The average net revenue from operations is negative $7,429, and is statistically different and less than zero in spite of a large standard deviation. The economic return to Gulf shrimping is negative 4%. Including non-operating activities, foremost an average government payment of $13,662, leads to an average loss before taxes of $907 for the vessel owners. The confidence interval of this value straddles zero, so we cannot reject, with 95% certainty, that the population average is zero. The average inactive Gulf shrimp vessel is generally of a smaller scale than the average active vessel. Inactive vessels are physically smaller, are valued much lower, and are less dependent on loans. Fixed costs account for nearly three quarters of the total operating expenses of $11,926, and only 6% of these vessels have hull insurance. With an average net cash flow of negative $7,537, the inactive Gulf shrimp fleet has a major liquidity problem. On average, net revenue from operations is negative $11,396, which amounts to a negative 15% economic return, and owners lose $9,381 on their vessels before taxes. To sustain such losses and especially to survive the negative cash flow, many of the owners must be subsidizing their shrimp vessels with the help of other income or wealth sources or are drawing down their equity. Active Gulf shrimp vessels in all states but Texas exhibited negative returns. The Alabama and Mississippi fleets have the highest assets (vessel values), on average, yet they generate zero cash flow and negative $32,224 net revenue from operations. Due to their high (loan) leverage ratio the negative 11% economic return is amplified into a negative 21% return on equity. In contrast, for Texas vessels, which actually have the highest leverage ratio among the states, a 1% economic return is amplified into a 13% return on equity. From a financial perspective, the average Florida and Louisiana vessels conform roughly to the overall average of the active Gulf shrimp fleet. It should be noted that these results are averages and hence hide the variation that clearly exists within all fleets and all categories. Although the financial situation for the average vessel is bleak, some vessels are profitable. (PDF contains 101 pages)

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The mission of the National Oceanic and Atmospheric Administration (NOAA) is to understand and predict changes in the Earth’s environment and conserve and manage coastal and marine resources to meet our nation’s economic, social and environmental needs (NOAA, 2004). In meeting its marine stewardship responsibilities, NOAA seeks to ensure the sustainable use of resources and balance competing uses of coastal and marine ecosystems, recognizing both their human and natural components (NOAA, 2004). Authorities for executing these responsibilities come from over 90 separate pieces of Federal legislation, each with unique requirements and responsibilities. Few of these laws explicitly mandate an ecosystem approach to management (EAM) or supporting science. However, resource managers, the science community, and increasingly, the public, are recognizing that significantly greater connectedness among the scientific disciplines is needed to support management and stewardship responsibilities (Browman and Stergiou, 2004; 2005). Neither NOAA nor any other science agency can meet the increasing demand for ecosystem science products addressing each of its mandates individually. Even if it was possible, doing so would not provide the integration necessary to solve the increasingly complex array of management issues. This focus on the integration of science and management responsibilities into an ecosystem view is one of the centerpieces of the U.S. Commission on Ocean Policy’s report (USCOP, 2004), and the Administration’s response to that report in the U.S. Ocean Action Plan (CEQ, 2004). (PDF contains 100 pages)

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The fisheries laws and regulations presently operative in Nigeria are on marine waters. These include: 1) The Sea Fisheries Decree (Act) of 1971; 2) The Sea Licencing Regulations of 1971; 3) The Sea Fisheries (Fishing) Regulations of 1972; and 4) The exclusive Economic Zone Decree of 1978. Attempts have also been made to produce the Inland waters Fisheries Regulation

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Nigeria's three federal fisheries schools are administered by three autonomous research institutes located in Lagos, New Bussa, and Maiduguri. The schools were established at different periods to train the required manpower for Nigeria's fishing industry which has remained predominantly artisanal since its inception in 1942 as a Second World War exigency. Despite the establishment of the schools, the industry's manpower is still being dominated by non-nationals especially in the capture fisheries sub-sector. The common features of the schools include the apparent insensitivity of their programmes to the industry's dynamic manpower needs; the absence of coordination of their programmes by a national body which would have ensured that the schools are able to communicate with one another and are willing to act and share a purpose. The need and the methodology for a change of emphasis from the on-going training of extension agents and officers to that of fishing operatives and technicians to enable Nigeria effectively harness her local fish resources towards self-sufficiency is highlighted.

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This paper highlights some of the practices involved in integrated aquaculture such as poultry-cum-fish, pig-cum-fish, sheep and goat-cum-fish and grasscutter-cum-fish. Also the role of fisheries in alleviating protein deficiency was reviewed. Successful research findings on these practices in aquaculture at the Federal College of Forestry, Jericho, Ibadan (Nigeria) will eventually lead to alleviating protein deficiency of the inhabitants of the largest city in West African thus alleviating poverty in the nation

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Because of a lack of fishery-dependent data, assessment of the recovery of fish stocks that undergo the most aggressive form of management, namely harvest moratoriums, remains a challenge. Large schools of red drum (Sciaenops ocellatus) were common along the northern Gulf of Mexico until the late 1980s when increased fishing effort quickly depleted the stock. After 24 years of harvest moratorium on red drum in federal waters, the stock is in need of reassessment; however, fisherydependent data are not available in federal waters and fishery-independent data are limited. We document the distribution, age composition, growth, and condition of red drum in coastal waters of the north central Gulf of Mexico, using data collected from a nearshore, randomized, bottom longline survey. Age composition of the fishery-independent catch indicates low mortality of fish age 6 and above and confirms the effectiveness of the federal fishing moratorium. Bottom longline surveys may be a cost-effective method for developing fishery-independent indices for red drum provided additional effort can be added to nearshore waters (<20 m depth). As with most stocks under harvest bans, effective monitoring of the recovery of red drum will require the development of fishery-independent indices. With limited economic incentive to evaluate non-exploited stocks, the most cost-effective approach to developing such monitoring is expansion of existing fishery independent surveys. We examine this possibility for red drum in the Gulf of Mexico and recommend the bottom longline survey conducted by the National Marine Fisheries Service expand effort in nearshore areas to allow for the development of long-term abundance indices for red drum.

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The U.S. Fish Commission was initiated in 1871 with Spencer Fullerton Baird as the first U.S. Fish Commissioner as an independent entity. In 1903 it became a part of the new U.S. Department of Commerce and Labor and was renamed the Bureau of Fisheries, a name it retained when the Departments of Commerce and Labor were separated in 1912. The Bureau remained in the Commerce Department until 1941 when it was merged with the Biological Survey and placed in the Department of Interior as the U.S. Fish and Wildlife Service. It was a scientific agency with well conceived programs of action, and it provided knowledge, advice, and example to state governments and individuals with fisheries interests and needs. Its efforts were supported by timely international agreements which constituted the precedent for Federal interest in fishery matters. The Fisheries Service earned stature as an advisor through heavy emphasis on basic biological research. The lack of such knowledge was marked and universal in the 1870’s, but toward the end of that decade, strong steps had been taken to address those needs under Baird’s leadership. USFC research activities were conducted cooperatively with other prominent scientists in the United States and abroad. Biological stations were established, and the world’s first and most productive deepsea research vessel, the Albatross, was constructed, and its 40-year career gave a strong stimulus to the science of oceanography. Together, the agency’s scientists and facilities made important additions to the sum of human knowledge, derived principles of conservation which were the vital bases for effective regulatory legislation, conducted extensive fish cultural work, collected and disseminated fisheries statistics, and began important research in methods of fish harvesting, preservation, transportation, and marketing.