MAGNUSON-STEVENS REAUTHORIZATION ACT

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MAGNUSON-STEVENS REAUTHORIZATION ACT

• WORKSHOP
• SEPTEMBER 25-26,2007
• ISSUE 3 INTERNATIONAL

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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

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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

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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

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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.

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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?

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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

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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)?

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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

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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

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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 Natl Stand. 1?

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DEFINITION OF IUU FISHING