APPENDIX III APPENDIX III 
do not have the means to insure compliance from their large 
vessels. NMFS reported that all countries with large capa- 
city vessels have ignored the fact that their vessels fish 
freely in the CYRA during the closed season despite offers 
by the United States to utilize its monitoring system. 
This inequity is important since, according to NMFS, the 
quantity of yellowfin tuna taken during the closed season 
is estimated by the IATTC and is considered in arriving at 
the annual quota. The proportion of the yellowfin quota 
available to the U.S. fleet in the CYRA each year is being 
progressively reduced because the quantity of yellowfin 
tuna taken by foreign fleets during the closed season is 
increasing each year. NMFS believes if the foreign fleets 
continue to grow rapidly and if nothing is done to correct 
this, the U.S. fleet will soon be eliminated from the CYRA. 
Third, the United States has not utilized available 
sanctions to compel foreign tuna fleets to comply with 
national and international regulations and restrictions. 
According to NMFS, the United States, through provisions 
of the Marine Mammal Protection Act of 1972 and the Fisher- 
men's Protective Act of 1967, has the authority to attempt 
to discourage foreign tuna fishermen from fishing "on 
porpoise" and fishing not in accordance with IATTC conser- 
vation recommendations. Provisions in both acts call for 
importation prohibitions against foreign countries fishing 
in opposition to the acts. Both NMFS and industry repre- 
sentatives stated that the United States has never taken 
any Sanctions against foreign fishermen for repeated viola- 
tions of national or international regulations. An NMFS 
official stated that if the U.S. Government is going to 
enforce economically detrimental regulations upon U.S. fish- 
ermen, it should also bar imports from foreign fishermen. 
EFEECTS OF A 200-=MiLE 
LIMIT ON THE FISHERY 
The Fishery Conservation and Management Act of 1976 
established a 200 nautical mile fishery conservation zone 
contiguous to the territorial waters of the United States. 
The act excludes highly migratory species, such as tuna, 
from exclusive management authority of the United States. 
However, the act does encourage implementing and enforcing 
international agreements for highly migratory species. 
NMFS, IATTC, and the U.S. tuna industry representatives 
anticipate this act will have a negative effect on the U.S. 
tuna fishery. We were told the following problems could 
result from implementing this act. 
266 
