p. 64-76
Congress has acted to prohibit and control driftnetting it its jurisdiction, and outside EEZs. Allows secretary to monitor and report violations in international fishery agreements.
Any fishery management plan will be incompliance with national standards: ( no overfishing, providing maximum yield for fisherman, based on best available science, not discriminating between states, minimize bycatch, promote human safety).
Creates 8 regional management councils and defines who voting members of this councils are. Members are chosen by secretary and governer, under specific rules. Provides secretary a way of removing if they disobey parts of the act. Each council appoints members of a scientific committee to collect and evaluate data in order to advise the council. The committees should evaluate the situation on a continuous basis. They decide the annual catch limit for the fisheries.
p 101-111
- The responsibility of The Secretary is to carry out this Act and any related fishery management plans.
- (Detailed procedure for judicial review)
- The Council can create a fishery negotiation panel to help in developing conservation measures; however, the Council does not have to use all or any of the panel's report.
- (Central registry system for limited access system permits - provides for the registration of permits and for changes to permits)
- Quota program enacted in Western Alaska:
o All restrictions approved by Secretary
o Administrative panel of 6 members deals with all issues not otherwise specifically described
o All decisions must be unanimous
o Program re-evaluated every 10 years
o Council may create a community development program to encourage use of certain fisheries
o Education programs will be created, including marine science and technology education, fisheries and seafood training, consumer outreach, data collection improvement
- This act will not extend or diminish the authority of any state within its boundaries.
Summary of pages 42-52 of Magnuson-Stevens Act
High Seas Driftnet Fisheries Enforcement Act
Large-Scale Driftnet Fishing: method of fishing in which a gillnet composed of panels or webbing, with a total length of 2.5 km or more is placed in the water and allowed to drift for the purpose of entangling fish in the webbing.
Periodically, the Secretary of Commerce and the Secretary of State will publish a list of countries who are large-scale driftnet fishing or participating in any illegal, unreported or unregulated fishing beyond their EEZs. Before the publication of the list however, the Secretary of State will notify offending nations of the consequences that will result from the publication of the list. Any vessels of countries that appear on the list will be denied entry to United States and its waters. Within 30 days of a country appearing on the list, the President of the US will open negotiations with that country with the goal of immediately ending any of the types of fishing listed above. If this agreement is not reached withing 90 days, importation of fish, fish products, or sport fishing equipment will be prohibited.
After 6 months, the Secretary of Commerce will determine whether the prohibition has had the desired effect on the offending nation. Any prohibition or sanction placed on a nation will continue until that nation has stopped the types of illegal fishing listed above.
High Seas Driftnet Fishing Moratorium Protection Act
The USA cannot enter any international agreement with any nation that does not uphold this United Nations moratorium.
The President of the US will employ the Department of Defense, the Coast Guard, and any other Federal agencies to detect, monitor and prevent violations of the moratorium within the US jurisdication and outside of this jurisdiction to the fullest extent of international law.
Biennial Report on International Compliance
Every two years the Secretary of State will issue a report on the state of all marine resources under the authority of the US, including their classification as overfished, overexploited, depleted, endangered, or threatened, and whether this threat is caused by another international authority. The report will also include a list of nations whose vessels have participated in any offending activities, a description of efforts taken by those nations to force their own vessels to comply with international regulations, a progress report on international efforts to end illegal fishing globally, and a report on the UN's progress towards instituting international measures to proect living marine resources that are similar to the US's measures to this effect.
Action to Strengthen International Fishery Management Organizations
These organizations will be urged to use economic incentives to encourage compliance with regulations, to publicize list of violators, to seek the implementation of a centralized vessel monitoring system and automatic identification systems to ensure compliance, and to encourage stronger port sanctions against offending nations such as importation prohibitions and landing restrictions. These organizations are also encouraged to work with the Convention on International Trade on Endangered Species of Fauna and Flora and the World Trade Organization to develop additional strategies for ending illegal fishing.
Illegal, Unreported or Unregulated Fishing
The Secretary will identify countries who continue to violate international regulations, whether because the appropriate international fishery management organization has been ineffective or because no organization exists to regulated the offending country. Countries on the list will be notified and will enter into consultations to determine how to force their vessels to comply. The Secretary will determine if the country, after a period of time, has taken appropriate corrective measures to end illegal fishing. This type of fishing is defined as violating conservation and management measures that are part of international agreements to which the US subscribes, overfishing of US stocks, and fishing practices that damage seamounts, hydrothermal vents and cold water corals for which there is no established international policy.