BILL ANALYSIS
AJR 8
Page 1
Date of Hearing: April 14, 2009
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
AJR 8 (Monning) - As Introduced: February 25, 2009
SUBJECT : Marine Mammal Protection: Swordfish Importation
SUMMARY : Requests the National Marine Fisheries Service (NMFS)
and the Department of the Treasury to enforce provisions of the
Marine Mammal Protection Act (MMPA) and immediately ban the
importation of swordfish from other countries that have not
provided proof of the effects of commercial swordfish fishing on
marine mammals. Specifically, this bill :
1)Makes various findings regarding the threats that incidental
capture, also known as bycatch, poses in some fisheries to
marine mammals, including whales, dolphins and porpoises.
2)Finds that conservation measures have been effective in
reducing marine mammal bycatch in United States (U.S.)
fisheries, but that there is a need to achieve conservation of
marine mammals outside U.S. waters.
3)Makes findings regarding requirements of the MMPA relating to
marine mammal bycatch, and the U.S.'s failure to enforce these
provisions with regard to foreign fishing fleets and U.S.
swordfish imports, resulting in a competitive disadvantage to
U.S. fishermen.
4)Requests the NMFS and the Department of the Treasury to carry
out the duties imposed by the MMPA and immediately ban the
importation of swordfish from countries that have not
satisfied MMPA requirements, to require nations that wish to
export swordfish to the U.S. to provide information on fishing
methods and programs to protect marine mammals from harm, and
to restrict swordfish imports unless reasonable proof is
provided to determine that marine mammals are not being killed
or injured in excess of U.S. standards.
5)Directs that copies of this resolution be transmitted to the
President of the U.S., the Secretary of Commerce, the
Secretary of the Treasury, NMFS, the Speaker of the House of
Representatives, and each member of California's Congressional
delegation.
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EXISTING LAW :
1)Federal law, under the MMPA requires the Secretary of the
Treasury to ban importation of commercial fish caught with
fishing technology resulting in incidental killing or serious
injury of marine mammals in excess of U.S. standards.
Requires reasonable proof from countries exporting fish to the
U.S. of the effects of fishing methods on marine mammals.
Makes it unlawful to import into the U.S. any fish caught in a
manner the Secretary of the Treasury has proscribed for
persons subject to the jurisdiction of the U.S.
2)Federal regulations adopted under the Magnuson-Stevens Fishery
Conservation and Management Act, and contained in fishery
management plans, restrict the types of gear, and the times of
year and locations where different types of gear can be used,
to catch swordfish in U.S. waters. Federal regulations also
impose reporting, monitoring and other requirements on U.S.
swordfish fisheries to minimize bycatch of marine mammals.
3)State law makes it unlawful to take any marine mammal except
in accordance with provisions of the federal MMPA, including
sea otters, whales, dolphins, porpoises, seals and sea lions.
FISCAL EFFECT : None. Non-binding resolution.
COMMENTS : The author and sponsors have introduced this
resolution to request that the federal government enforce
existing law regarding the importation of swordfish to protect
marine mammals and to allow domestic fishermen to compete on an
even playing field with foreign importers of swordfish. The
author notes in background material provided to the committee
that when Congress passed the MMPA in 1972 it recognized that
marine mammal conservation could not be accomplished solely
through regulation of U.S. fishermen. Accordingly, Section 101
of the MMPA requires any country wishing to import fish into the
U.S. to provide proof that their fishing practices do not harm
or kill marine mammals in excess of U.S. standards. The author
and sponsors assert, however, that the U.S. government has
ignored this duty, permitting swordfish imports from over 40
countries without any proof to satisfy the MMPA requirements.
The sponsors note that U.S. fisheries operating under U.S.
regulations, while not eliminating the problem of bycatch
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entirely, have made significant progress in reducing bycatch.
According to NMFS and other scientific research, between 1990
and 1999 marine mammal bycatch in U.S. fisheries declined by
40%. If enforced, the MMPA would require foreign fishing
fleets importing fish into U.S. markets to adopt similar
protective measures and gear as are required for U.S. fisheries,
thereby protecting U.S. fishermen from unfair competition with
poorly regulated foreign fleets operating without similar
restraints on fishing practices.
Concerns over bycatch of marine mammals and other marine life
from swordfish fisheries primarily center around the use of
drift gillnets and longlines. Entrapment in gillnets, which can
cover a mile or more of ocean, is estimated to be responsible
for over 300,000 marine mammal deaths per year worldwide.
Longlines, which can be up to 20 to 60 miles in length and have
thousands of hooks, are also known to result in bycatch. U.S
regulations limit the use of gillnets and place other
restrictions on the types of gear and locations where certain
gear can be used to reduce bycatch. Drift gillnets are banned
entirely in some areas, and subject to strict limitations on
time and use in other areas of U.S. waters.
The U.S. currently imports over 10,000 metric tons per year of
swordfish from over 40 countries. Whether the fishing
technology and methods employed by these other countries meets
U.S. standards is unknown. The largest sources of U.S. imports
are Singapore, Panama, Canada, Mexico and Chile, with Singapore
the largest source at 28%. Singapore apparently serves
primarily as an intermediary for fish caught by other countries,
namely Taiwan, rather than a direct source. According to the
sponsors, neither Singapore nor Taiwan fishing laws contain
safeguards against marine mammal bycatch.
The Sea Turtle Restoration Project and the Center for Biological
Diversity filed a petition in March 2008 with federal agencies
requesting that imports of swordfish be banned from countries
failing to submit proof of the effects of fishing technology on
marine mammals as required under the MMPA. The period for
public comment on the petition ended on March 20, 2009. The
Marine Mammal Commission, in comments filed in support of the
petition, noted the petitioners made a compelling case that
swordfish fisheries in various countries are resulting in
significant mortality and serious injury to marine mammals. The
Commission urged NMFS to take immediate steps to obtain the
AJR 8
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information required by the MMPA, and to ban swordfish imports
from any country that fails to provide proof the fishery does
not result in marine mammal deaths or injuries in excess of U.S.
standards.
NOAA Fisheries, in a written response to the petition authored
by then Acting Assistant Administrator James Balsinger, noted
that in addition to the MMPA there are other legal authorities
available to promote conservation of marine resources, including
the High Seas Driftnet Fishing Moratorium Protection Act, which
was amended by Congress in 2007 to include a process for
identifying and certifying nations whose vessels engage in
fishing practices that result in bycatch. NOAA is currently in
the process of developing regulations to implement that law.
NOAA also argued that improvements in conservation through
multilateral engagement can be more lasting and effective than
unilateral U.S. action, noting that the U.S. cooperates with
other countries through various international agreements and
regional organizations that manage swordfish and other
fisheries.
REGISTERED SUPPORT / OPPOSITION :
Support
Sea Turtle Restoration Project (sponsor)
AFSCME (AFL-CIO)
Blue Ocean Institute
California Project Manager
Center for Biological Diversity
Cetacean Society International
Earth Island Institute
Friends of the Earth
Greenpeace USA
Heal the Bay
Natural Resources Defense Council
Oceana
Whale and Dolphin Conservation Society
Wild Dolphin Foundation
Opposition
None on file.
AJR 8
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Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096