BILL ANALYSIS
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
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BILL NO: AJR 8 HEARING DATE: June 9, 2009
AUTHOR: Monning URGENCY: No
VERSION: June 3, 2009 CONSULTANT: Marie Liu
DUAL REFERRAL: No FISCAL: No
SUBJECT: Relative to marine mammal protection.
BACKGROUND AND EXISTING LAW
The Marine Mammal Protection Act (MMPA) was enacted in 1972 in
recognition of the importance of marine mammals and in
recognition of the threats to their populations as a result of
man's activities. Specifically the MMPA establishes a moratorium
on the taking of marine mammals. The MMPA allows some incidental
take of marine mammals in the course of commercial fishing
operations, under permit, with the goal that incidental take
levels approach zero. Furthermore, the MMPA bans the importation
of commercial fish that is caught with technology that results
in more take than allowed under US Standards.
PROPOSED LAW
AJR 8 would request the National Marine Fisheries Service and
the Department of the Treasury to enforce existing provisions of
the MMPA that ban the importation of swordfish from countries
that do not provide proof of the effects of their commercial
swordfish fishing on marine mammals. AJR 8 makes several
findings regarding the harm of bycatch of marine mammals and
protection of marine mammals under the MMPA. Specifically, the
bill makes the following findings:
Bycatch of marine mammals is significant and a major threat to
several species of marine mammals.
Marine mammal conservation cannot be accomplished through
regulation of US fishermen alone.
The MMPA requires the US to receive reasonable information
from the government of any nation from which the US imports
fish or fish products on the effect that their commercial
fishing technologies have ocean mammals.
The US imports over 10,000 metric tons of swordfish and
swordfish products annually, yet the US has no information
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about the fishing practices used by the 43 countries from
which the US imports.
Available information indicates that many of the swordfish
exporting countries are failing to regulate their fisheries in
a manner that protects marine mammals.
The lack of enforcement of MMPA requirements to track
information from swordfish exporting countries causes US
swordfish fishermen to unfairly compete with imports from
countries with poor fishery regulations regarding bycatch.
ARGUMENTS IN SUPPORT
The Seat Turtle Restoration Project, in support of this bill
states, "[T]here is a growing interest and regulatory focus
within California to sustain, conserve, and protect the natural
diversity and abundance of our state's ocean resources and
marine life. AJR 8 further efforts to protect the highly
migratory marine mammals that occur off the West Coast by urging
the U.S. government to finally require foreign nations to
dramatically reduce their bycatch to levels that are comparable
with domestic fishermen.?by failing to enforce section 101 of
the MPA, the U.S. government has allowed poorly regulated
fisheries to sell their catch alongside that of U.S. fishermen,
in effect, subverting the intent of MMPA, promoting the
destruction of marine mammal populations, and placing US
fishermen at a significant competitive disadvantage."
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
Swordfish fishery impacts on marine mammals: According to
information from the author, global swordfish fisheries often
use long-lines or gillnets. Gillnets are responsible for many of
the over 300,000 marine mammals killed by commercial fishing
annually. Thus, the author contends that swordfish fisheries are
major contributor to these global bycatch figures. The US
swordfish fisheries has been subject to regulations on gear,
closures, training, and mandatory observers, all of which have
resulted in a decrease of marine mammal take. However, many
countries have not adopted similar regulations and do not make
their bycatch data available to the general public.
SUPPORT
Sea Turtle Restoration Project (Sponsor)
Blue Ocean Institute
Center for Biological Diversity
Cetacean Society International
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Earth Island Institute
Friends of the Earth
Greenpeace USA
Heal the Bay
Natural Resources Defense Council
Oceana
Wild Dolphin Foundation
OPPOSITION
None Received
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