139 



sources, including assessment of environmental impact of major new fishery prac- 

 tices. * * *" In designating protected areas, "priority should be accorded, as appro- 

 priate" to specific kinds of areas, including "spawning and nursery areas". 



The 1992 Cancun International Conference on Responsible Fishing declared that 

 "States should promote the development and use of selective fishing gear and prac- 

 tices that minimize waste of catch of target species and minimize by-catch of non- 

 target species." The Conference further declared, "States, in the design and subse- 

 Jiuent introduction of new fishing gear and practices, should take into account quali- 

 ied assessments of impacts on the sustainability of fisheries, giving due consider- 

 ation to the specific characteristics and biodiversity of different fishing areas. " " 

 States should promote and enhance collection of data necessary for the conservation 

 and sustainable utilization of fisheries resources." "States should take necessary 

 measures to protect coastal wetlands and other areas of critical fisheries habitat 

 from all kinds of degradation." And, "States should take steps to improve manage- 

 ment systems as part of the practice of responsible fishing." 



The Cancun Conference proclaimed that nations "recognize the principle of sus- 

 tainable utilization of marine living resources as the basis for sound fisheries man- 

 agement policies. In this regard, they consider as one of the most important objec- 

 tives the application of policies and measures which result in a level of fishing effort 

 commensurate with the sustainable utilization of fisheries resources, taking into ac- 

 count the specific characteristics of particular fisheries." 



The July 29, 1993 Communique of the Inter-American Conference on Responsible 

 Fishing, Mexico City, stated that the International Code of Conduct for Responsible 

 Fishing should provide for sustainable utilization of resources. Improved gear selec- 

 tivity was a key focus of the Communique. 



The ACC believes that the Congress and our fisheries managers should provide 

 for legislative and regulatory implementation of the key elements of the inter- 

 national consensus reflected in the Rio and Cancun declarations. The ACC notes the 

 decision of the Clinton Administration to establish the Presidential Council on Sus- 

 tainable Development. This, we hope, will contribute to the improvement of our fish- 

 eries management system. 



It is true that general provisions of the Magnuson Act relating to conservation 

 reasonably may be interpreted to be consistent with the new international guide- 

 lines, principles, and commitments. From that standpoint, an elaboration in the 

 Magnuson Act of the central points accepted by the international community would 

 not represent a departure from the basic framework of the prevailing domestic man- 

 agement system. However, experience has shown that the Magnuson Act could use- 

 fully be strengthened to provide our fisheries managers with greater leverage to 

 achieve conservation objectives in the public interest. 



Certain industry groups in the United States will not welcome the express inclu- 

 sion in the Act of provisions reflecting the international consensus that was 

 achieved under U.S. leadership. The ACC would like the Committee to recall that 

 some industry groups were strongly opposed to the North Pacific Fisheries Research 

 Plan enacted in the 1990 amendments, a plan that is now almost universally recog- 

 nized as indispensable to the achievement of basic conservation and management 

 objectives in the multi-billion dollar fisheries of the Bering Sea and Gulf of Alaska. 

 It is a credit to the Congress that such opposition did not prevent the enactment 

 of a highly worthy program. 



I would like to take a few minutes to address the new industry position paper 

 to which I referred at the outset of my testimony. Washington-based industry 



Soups, including the ACC, the American Factory Trawler Association, the American 

 igh Seas Fisheries Association, the Fishing Vessel Owners Association, the Mid- 

 Water Trawlers Cooperative, and the North Pacific Longline Association agree that 

 the Act should be amended to provide expressly for the minimization of bycatch and 

 discard waste. In addition, the groups agree that the Secretary of Commerce should 

 be directed to establish a concrete mechanism to achieve that goal. A "vessel incen- 

 tive program" should be established to hold individual fishing vessels accountable 

 for their bycatch, so that entire fleets are not penalized for the irresponsible fishing 

 practices of the worst offenders. Coupled with overall bycatch limits, as rec- 

 ommended by the industry groups, this "VIP' program would contribute signifi- 

 cantly to control of wasteftl bycatch. It is important to recognize that the need for 

 this kind of program is acknowledged by major trawl fishing organizations. 



Following the lead of the ACC, the Washington-based industry group proposes 

 amendment of the Act to include a National Standard requiring that fisheries man- 

 agement measures promote safety of life at sea. This is a vitally needed provision. 

 Fishing is, in many contexts, a dangerous occupation. Lives are lost in the federally 

 managed "Olympic" style fisheries each year. Sadly, some of our management meas- 

 ures actually contribute to the dangers encountered by our fishermen. Overall, in 



