78 



these species comes from the International Commission for the Conservation of At- 

 lantic Tunas (ICCAT). National Marine Fisheries Service implements these rec- 

 ommendations after acceptance by all the members. 



One of ICCAT's 1990 recommendations was to reduce the fishing mortality level 

 of swordfish by reducing the major harvesters' landings of fish over 25 kg by 15 per- 

 cent. National Marine Fisheries Service has considered this recommendation not to 

 be a quota and has inferred that the U.S. may restrict her fishermen by not provid- 

 ing a "reasonable opportunity to fish" contrary to what Magnuson stipulates and 

 may "have the effect of increasing or decreasing a quota", contrary to what the At- 

 lantic Tunas Convention Act stipulates. We ask that the word "quota" be changed 

 to "fishing mortality rate" to retain the intent of the recommendations. 



Because the management process directly under the Secretary is truncated, we 

 ask that an advisory panel similar to the councils' PDTa should be instituted and 

 that similarly, it be exempted from FACA. The makeup of the panel should be 

 drawn from the ICCAT Advisory Panel. This panel and the working groups estab- 

 lished under the ATCA includes council representatives, environmental groups and 

 academics. This would help to address the lack of direct input during development 

 of issues and options. The fishery management councils properly have a consultative 

 role in the management of highly migratories, but they snould not constitute the 

 majority of the panel's membership. 



For the same reason that the Secretary oversees highly migratories, the states 

 should not have extended territorial iurisdiction over them. States' authority ends 

 at three miles. However, the states snould be required to institute consistent man- 

 agement programs for FMP species so that their loopholes do not allow state vessels 

 to avoid management of regulated species. 



Many of the other nations fishing for swordfish have increased their level of take, 

 contrary to ICCAT recommendations and negating the 500 to 600 MT per year re- 

 building process. (ICCAT SCRS 1992 swordfish assessment) Some of these nations 

 or entities in the Caribbean are increasing their effort with the help of U.S. govern- 

 ment aid dollars, adding insult to injury. We must have comparable international 

 enforcement ATCA provides a mechanism to "encourage" all the entities who ship 

 into the U.S market and greatly affect demand and prices, to comply with the rec- 

 ommendations. The United States should not underwrite efforts contrary to ATCA 

 recommendations. 



I urge you to remember why Magnuson was created. It has achieved its objective 

 of Americanizing the fisheries. Fish are not trees and they don't grow on observable 

 acres. Fishermen have about the same percentage of scofflaws as any other segment 

 of society and don't deserve the bad rap now any more than the romantic pap of 

 a generation ago. They do deserve honest, earnest representation on the councils. 

 They deserve goals that are attainable over a term long enough to assure the contin- 

 ued existence of many of the individuals and the coastal communities who depend 

 upon them. 



Prepared STATEME>rr of Frank Mirarchi, Commercial Fisherman 



Good morning Mr. Chairman. My name is Frank Mirarchi. I reside at 67 

 Creelman Drive, Scituate, MA 02066. I am employed as a commercial fisherman, 

 having fished from the pwrt of Scituate, Massachusetts continuously since 1963. 

 Presently I am owner/captain of the FA^ Christopher Andrew a 62 foot stem drag- 



ger. 



Before beginning let me emphasize that the thoughts presented in this testimony 

 are solely my own. In no way should they be construed to portray positions of the 

 New England Fishery Management Council where I continue to serve as a member 

 until August 10, 1994. The NEFMC has already provided the Congress with its 

 opinion on issues surrounding MFCMA reauthorization. I was a participant in all 

 debates and votes leading to the Councils formal position on this matter. I continue 

 to stand in support of all New England Council positions taken in regard to 

 MFCMA reauthorization. 



Let me first thank you for this opportunity to testify. Fishing is very important 

 to me. It is more than just a job; it is a career that I continue to pursue with a 

 passion. 



Fishing transcends driving a boat and catching fish. It involves understanding the 

 population dynamics of living resources, the interdependence of species within an 

 ecosystem and the relationship of resource productivity to habitat quality. It in- 

 volves balancing the socioeconomic expectations of harvesters with the constraints 

 of sustainable harvest rates. Perhaps most fundamentally it involves human behav- 

 ior^the ability of conmiunities and nations alike to agree upon and conform to 



