88 



alternative to some of the current proposals. The NAS definition of overfishing 

 reads: Fishery management should promote fiill realization of optimum yields as 

 originally envisioned m the MFCMA by ensuring that harvest does not reduce stock 

 abundance below levels that can sustain maximum yields over the long term. For 

 currently overfished stocks, harvest levels must allow rebuilding the stock over spec- 

 ified periods of time to a level that can support sustainable maximum yields. Any 

 departure from the above must be supportea oy persuasive evidence regarding natu- 

 ral variability, ecosystem interdependence, sustainable national income gains, or 

 truly exceptional socio-cultural considerations. 



User Fees 



We agree that NMFS needs proper finding to better conserve and manage our liv- 

 ing marine resources. Budgetary constraints demand that new finds be found if ex- 

 fiansion of government services is necessary. User fees must be fair and equitable 

 or all fisheries users, recreational, commercial and imported product. An advisory 

 group must be formed and consulted to dedicate finding to specific programs. A por- 

 tion should be utilized for such programs of direct benefit to users as support ofna- 

 tional fishery associations such as SFI and NFI, Generic Marketing and/or US Fish- 

 eries Public Kelations. 



Saltenstall-Kennedy Fund 



The money from this fund must be closely monitored and redirected to Fisheries 

 Research and related fisheries programs as it was originally intended. 



Conflict of Interest 



Standards must be applied equally to all organizations who seek members who 

 are interested in fisheries or other marine issues. We are very concerned about re- 

 cent proposals that would nullify one of basic purposes of the Magnuson Act — to 

 have those who are managed be an integral part of tne management process. 



Confidentiality of Data in Perpetuity 



With proposals for a National Data Collection Program, it is more important than 

 ever to assure confidentiality for submitted data. The confidentiality issue should 

 be separated from retention and storage expenses. Perhaps fill page optical scanning 

 into oata disk form would be a viable option to bulky paper storage. 



Definitions 



The Magnuson Act has references to several pertinent terms that should be de- 

 fined. These include the terms: "bycatch", "commercial fishing", "recreational fish- 

 ing", and "target species". The language crafted to define "bycatch" and "target spe- 

 cies" must keep in mind that many U.S. fisheries are multi-species fisheries.Tisher- 

 men often eaten a variety of species on the same fishing trip. All usable species are 

 kept to comprise the total catch. Legislation should clearly promote a more holistic 

 approach to management, not regress to species-specific management. 



Coast Guard regulations and various FMPs have provisions for commercial fishing 

 vessels (or fishermen) and recreational fishing vessels (or fishermen). The Magnuson 

 Act should clearly define these terms. 



MFX:MA & ATCA AMENDMENT: HIGHLY MIGRATORY SPECIES COMPARABLE CONSERVATION 



PROVISIONS 



The Secretary shall: 



1) Provide Congress with a report within 6 months of the passage of this act on 

 the catches and imports from 1982 through 1993 of tuna, swordfish, marlin, and 

 sharks from nations fishing on Atlantic stocks of these species under ICCAT juris- 

 diction or Secretarial management authority. 



2) Identify those nations whose production has increased within the past 5 years 

 and determine if those harvests are compatible with existing management programs 

 for highly migratory species. If production is incompatible with existing manage- 

 ment programs, the Secretary shall issue a finding that continued harvests by that 

 nation are diminishing the effectiveness of an international management program. 



3) Identify those nations with expanding fisheries on fully exploited or over-ex- 

 ploited highly migratory species resources that have received economic aid from U.S. 

 or UN developmental agencies. The Secretary of Commerce and the Secretary of 

 State shall notify U.S. and UN organizations responsible for funding fishery devel- 

 opment programs that these programs are diminishing the effectiveness of inter- 

 national management programs. 



4) In those cases where ICCAT or a similar international organization has rec- 

 ommended that harvesting nations limit or maintain their catch levels or harvesting 

 capacity at recent levels for a specific stock, the Secretary shall establish import 



