52 



International management 



The amendments would delete the requirement that U.S. fishing vessels must be 

 provided with a reasonable opportunity to harvest an allocation or quota under a 

 relevant international fishery agreement. The primary management program for 

 highly migratory species should continue to be accomplished through international 

 organizations. However, the current requirement that U.S. fishermen be allowed a 

 fair opportunity to take an internationally established quota may pose a problem 

 if the United States wishes to establish a quota on a local stock or substock of a 

 highly migratory species for conservation purposes that is less than that allowed by 

 the international organization. The inability to set a lower quota could result in 

 local overfishing and the loss of long-term benefits. 



Emergency actions 



The amendments would expand the timeframe for a second "emergency action pe- 

 riod" from the current 90 days to 270 days. Approval of the additional 270-day pe- 

 riod would be dependent on provision for public comment during the initial 90-aay 

 emergency and progress by the council, or Secretary as a^ropriate, on the develop- 

 ment of an FMP amendment with a permanent solution. The current 180 days (two 

 90-day periods) is frequently insufficient time for a council or the Secretary to im- 

 plement a permanent solution through an FMP or amendment. In addition, the 

 amendments would provide that emergency regulations to protect public health 

 would remain in effect until the emergency no longer exists. 



Tribal representation 



Recognizing the increasingly important role Tribal representatives play on the Pa- 

 cific Council, the amendments would provide an additional obligatory seat on the 

 Pacific Council for a representative of Indian tribes of California, Oregon, Washing- 

 ton, or Idaho that have Federally-recognized fishing rights. Although Indian rep- 

 resentatives have been appwinted to at-large positions on the Pacific Council from 

 among the nominees provided by Pacific Northwest Governors, there is no assurance 

 that the Gk)vernors will continue to include such nominees. The representative 

 would be appointed by the Secretary, as designated by the Secretary of the Interior 

 from a list of not fewer than three individuals nominated by the appropriate tribal 

 governments. Representation would be rotated among the tribes and each appointed 

 representative would serve for a term of three years and not be reappointed for a 

 consecutive term. 



Foreign fishing 



The amendments would delete the requirement that the Secretaries of Commerce 

 and State prepare a foreign allocation report for Congress and the President each 

 year. The repxjrt is no longer necessary since there are no foreign fishermen and 

 joint venture operations in the U.S. Exclusive Economic Zone (EEZ). 



The amendments would also allow the Secretary to issue a permit to foreign ves- 

 sels for transshipment of fish products in the absence of a governing international 

 fishery agreement (GIFA). The Magnuson Act requires foreign transshipment to sat- 

 isfy the same GIFA, application, and permit requirements as are required of foreign 

 nations whose vessels and owners engage in the catching, taking and processing of 

 fish in the EEZ. Foreign fishing, such as joint ventures, will continue to be author- 

 ized only under a GIFA; however, the approval of foreign transshipments at sea in 

 the EEZ or within the boundary of any state that is found to be in the interest of 

 the United States will be encouraged by not subjecting them to the same stringent 

 approval requirements as for harvesting vessels. 



Large-scale driftnet fishing report 



The amendments would eliminate the requirement that a Driftnet Report be pre- 

 pared annually. The purposes of this requirement have been met, with Japan, 

 Korea, and Taiwan committing to the implementation of the United Nations Resolu- 

 tion calling for a moratorium on the use of driflnets after December 31, 1992. While 

 we do not believe that there should be a statutory requirement for an annual report, 

 we will produce the report on an "as needed" basis. 



The amendments also address two problems that have arisen in enforcing the pro- 

 hibition against large-scale driftnet fishing. The amendments would clarify what 

 vessels are subject to U.S. jurisdiction, to include foreign vessels whose nation au- 

 thorizes she United States to exercise jurisdiction, and stateless vessels. It would 

 also create a rebuttable presumption that a vessel with gear capable of use for 

 large-scale driftnet fishing is engaged in such fishing. 



