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?