BILL ANALYSIS
AJR 8
Page 1
ASSEMBLY THIRD READING
AJR 8 (Monning)
As Amended April 15, 2009
Majority vote
WATER, PARKS & WILDLIFE 11-1
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|Ayes:|Huffman, Fuller, Chesbro, | | |
| |Blumenfield, Caballero, | | |
| |Fletcher, Krekorian, | | |
| |Bonnie Lowenthal, | | |
| |John A. Perez, Salas, | | |
| |Yamada | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Anderson | | |
| | | | |
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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 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
AJR 8
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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
U.S. President, 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.
EXISTING FEDERAL LAW , through 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.
The MMPA requires reasonable proof from countries exporting fish
to the U.S. of the effects of fishing methods on marine mammals,
and 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. Federal
regulations adopted under the Magnuson-Stevens Fishery
Conservation and Management Act to 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.
EXISTING 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
COMMENTS : This resolution requests the federal government
enforce existing law relating to the importation of swordfish in
order to protect marine mammals and to allow domestic fishermen
to compete on an even playing field with foreign importers.
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.
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The author asserts that the U.S. government has ignored this
duty, permitting swordfish imports from over 40 countries
without any proof to satisfy MMPA requirements. If enforced,
the MMPA would require foreign fishing fleets importing fish
into U.S. markets to adopt protective measures and gear similar
to that 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 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.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0000313