BILL ANALYSIS
AJR 8
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AJR 8 (Monning)
As Amended June 3, 2009
Majority vote
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|ASSEMBLY: |63-3 |(April 20, |SENATE: |26-11|(August 27, |
| | |2009) | | |2009) |
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Original Committee Reference: W., P. & W.
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.
The Senate amendments make technical changes and add co-authors.
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 the United States (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.
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.
AS PASSED BY THE ASSEMBLY , this bill was substantially the same as
the version passed by the Senate.
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. 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
AJR 8
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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. 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 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: 0001430