MAGNUSON-STEVENS MAGNUSON-STEVENS REAUTHORIZATION ACTREAUTHORIZATION ACT

WORKSHOPWORKSHOP

SEPTEMBER 25-26,2007SEPTEMBER 25-26,2007

ISSUE 3: INTERNATIONALISSUE 3: INTERNATIONAL

SECTION 304(i) or (j)?SECTION 304(i) or (j)?

• Subparagraph (i) applies instead of (e) if:Subparagraph (i) applies instead of (e) if:– Fishery is declared by the Secretary Fishery is declared by the Secretary to be to be

overfishedoverfished or or approachingapproaching a condition of being a condition of being overfishedoverfished

– Due to Due to excessive internationalexcessive international fishing pressure fishing pressure– AND there are AND there are no management measuresno management measures to to

end overfishingend overfishing– Under an international Agreement to which the Under an international Agreement to which the

U.S. is a PartyU.S. is a Party

SECTION 304(i) (Cont.)SECTION 304(i) (Cont.)

• THEN:THEN:– (1) Secretaries of State and Commerce (1) Secretaries of State and Commerce

((shallshall ?) immediately take action at the ?) immediately take action at the international levelinternational level to end overfishing to end overfishing

– (2) Within one year the Secretary or (2) Within one year the Secretary or Councils shallCouncils shall

SECTION 304(i) (Cont.) SECTION 304(i) (Cont.)

• (A) Develop (A) Develop recommendations recommendations for for domestic regulations to address the domestic regulations to address the relative impactrelative impact of U.S. vessels on the of U.S. vessels on the stockstock

• (B) Develop (B) Develop recommendationsrecommendations for the for the Secretary of State and Congress [Secretary of State and Congress [nn..bb. . notnot the Secretary of Commerce] for the Secretary of Commerce] for international actions to:international actions to:

SECTION 304(i) (Cont.)SECTION 304(i) (Cont.)

•End overfishingEnd overfishing

•Rebuild affected stocksRebuild affected stocks

Taking into account the relative impact of the Taking into account the relative impact of the U.S.U.S.

and foreign vessels on the relevant stock.and foreign vessels on the relevant stock.

How Might This Work For South How Might This Work For South Pacific Albacore?Pacific Albacore?

• The surface troll fishery takes 25% of the The surface troll fishery takes 25% of the South Pacific Albacore StockSouth Pacific Albacore Stock

• The surface troll fishery is split between The surface troll fishery is split between the U.S. and New Zealand 20%-80%the U.S. and New Zealand 20%-80%

• Scientists Scientists ee..gg. say the fishery should be . say the fishery should be reduced by 15%reduced by 15%

• 20% of 25% = 5% times 15% = .07%20% of 25% = 5% times 15% = .07%• Effective? Hurt the Competitive Position of Effective? Hurt the Competitive Position of

the U.S. fleet? the U.S. fleet?

Math AnyoneMath Anyone

• All South Pacific Albacore Caught: 120,000All South Pacific Albacore Caught: 120,000

• Surface Troll Fishery Catches: 30,000Surface Troll Fishery Catches: 30,000

• U.S. Surface Troll Catches: 6,000U.S. Surface Troll Catches: 6,000

• Suggested Cut Back of 15%: 900Suggested Cut Back of 15%: 900

• 15% of 120,000 equals: 18,000 vs 90015% of 120,000 equals: 18,000 vs 900

• Good return on investment 10% Good return on investment 10%

WHAT IF THERE ARE WHAT IF THERE ARE MANAGEMENT MEASURES?MANAGEMENT MEASURES?

• Do they also have to be effective?Do they also have to be effective?

• Who decides if they are?Who decides if they are?

• If there are effective measures, or If there are effective measures, or just measures, are you now under just measures, are you now under the 2 year time period of the 2 year time period of Section304(e)?Section304(e)?

ANNUAL CATCH LIMITSANNUAL CATCH LIMITS

• Section 302(h)(6)Section 302(h)(6)- Council obligation to develop annual - Council obligation to develop annual catch limits for each managed fishery . . catch limits for each managed fishery . . ..

• Section 303(a)(15)Section 303(a)(15)– Fisheries Management Plans must contain a Fisheries Management Plans must contain a

mechanism, implementing regulations, or mechanism, implementing regulations, or annual specifications and measures to annual specifications and measures to assure accountability regarding ACLs assure accountability regarding ACLs

How Can Annual Catch Limits How Can Annual Catch Limits Apply to International FisheriesApply to International Fisheries

• IATTC – Yellowfin tuna – closed IATTC – Yellowfin tuna – closed period of the season – no annual period of the season – no annual quotas?quotas?

• ICCAT – closed areas?ICCAT – closed areas?

• IATTC – Tuna Conventions ActIATTC – Tuna Conventions Act

OTHER QUESTIONSOTHER QUESTIONS

• Can the U.S. ACL be set as to what the Can the U.S. ACL be set as to what the International U.S. Quota Is?International U.S. Quota Is?

• MSRA 2006 Section 104(a)(10) says the MSRA 2006 Section 104(a)(10) says the ACL appliesACL applies

• ““unless otherwise provided for under an unless otherwise provided for under an international agreement in which the U.S. international agreement in which the U.S. participates” participates”

• In fishing year 2010 for overfished and In fishing year 2010 for overfished and 2011 for species not overfished 2011 for species not overfished

• Should ACL be treated as part of Nat’l Should ACL be treated as part of Nat’l Stand. 1?Stand. 1?

DEFINITION OF IUU FISHINGDEFINITION OF IUU FISHING