MAGNUSON STEVENS REAUTHORIZATION ACT by alicejenny

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									 MAGNUSON-STEVENS
REAUTHORIZATION ACT
        WORKSHOP
   SEPTEMBER 25-26,2007
  ISSUE 3: INTERNATIONAL
SECTION 304(i) or (j)?
• Subparagraph (i) applies instead of (e) if:
  – Fishery is declared by the Secretary to be overfished
    or approaching a condition of being overfished
  – Due to excessive international fishing pressure
  – AND there are no management measures to end
    overfishing
  – Under an international Agreement to which the U.S. is
    a Party
SECTION 304(i) (Cont.)

• THEN:
  – (1) Secretaries of State and Commerce
    (shall ?) immediately take action at the
    international level to end overfishing
  – (2) Within one year the Secretary or Councils
    shall
SECTION 304(i) (Cont.)

• (A) Develop recommendations for
  domestic regulations to address the
  relative impact of U.S. vessels on the
  stock
• (B) Develop recommendations for the
  Secretary of State and Congress [n.b. not
  the Secretary of Commerce] for
 international actions to:
SECTION 304(i) (Cont.)
   • End overfishing
   • Rebuild affected stocks

   Taking into account the relative impact of the U.S.
   and foreign vessels on the relevant stock.
How Might This Work For South
Pacific Albacore?
• The surface troll fishery takes 25% of the South
    Pacific Albacore Stock
•   The surface troll fishery is split between the U.S.
    and New Zealand 20%-80%
•   Scientists e.g. say the fishery should be reduced
    by 15%
•   20% of 25% = 5% times 15% = .07%
•   Effective? Hurt the Competitive Position of the
    U.S. fleet?
Math Anyone
•   All South Pacific Albacore Caught: 120,000
•   Surface Troll Fishery Catches:      30,000
•   U.S. Surface Troll Catches:          6,000
•   Suggested Cut Back of 15%:             900

• 15% of 120,000 equals: 18,000 vs 900

• Good return on investment 10%
WHAT IF THERE ARE
MANAGEMENT MEASURES?
• Do they also have to be effective?
• Who decides if they are?
• If there are effective measures, or just
 measures, are you now under the 2 year
 time period of Section304(e)?
ANNUAL CATCH LIMITS

• Section 302(h)(6)
  - Council obligation to develop annual
  catch limits for each managed fishery . . .
• Section 303(a)(15)
  – Fisheries Management Plans must contain a
    mechanism, implementing regulations, or
    annual specifications and measures to assure
    accountability regarding ACLs
How Can Annual Catch Limits Apply
to International Fisheries
• IATTC – Yellowfin tuna – closed period of
  the season – no annual quotas?
• ICCAT – closed areas?
• IATTC – Tuna Conventions Act
OTHER QUESTIONS
• Can the U.S. ACL be set as to what the
    International U.S. Quota Is?
•   MSRA 2006 Section 104(a)(10) says the ACL
    applies
•   “unless otherwise provided for under an
    international agreement in which the U.S.
    participates”
•   In fishing year 2010 for overfished and 2011 for
    species not overfished
•   Should ACL be treated as part of Nat’l Stand. 1?
DEFINITION OF IUU FISHING

								
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