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PROroSED AMENDMENT TO THE MACNUSON ACT AND ATLANTIC TUNAS ACT 



ISSUE: NOAA threatens to reduce U.S. harvests in Atlantic highly migratory fisheries below those 

 negotiated with other nations in the International Commission for the Conservation of Atlantic Tunas 

 JPCCAT). 



BACKGROUND: Atlantic highly migratory species (tunas, swordfish, biUfish, and pelagic sharks) are 

 harvested by vessels from several nations, including the United Stales, and are managed internationally 

 through the International Commission for the Conservation of Atlantic Tunas (ICCAT). U.S. harvests 

 are regulated under both the Atlantic Tunas Convention Act (ATCA) and the Magnuson Fishery 

 Conservation and Management Act (MFCMA). 



Less than 5 percent of the total Atlantic harvests of ICCAT jurisdiction species occurs within the U.S. 

 exclusive economic zone. Unilateral regulation of the very limited U.S. harvests is unlikely to provide 

 longterm conservation benefit to these resources. If foreign negotiators knew U.S. harvests would be 

 restricted inespective of international agreement, there would be little incentive on their part to agree 

 to harvest limits. In addition, unilateral restriction of U.S. fishermen would place them at a competitive 

 disadvantage with foreign fleets. 



In response Congress amended both the MFCMA and the ATCA in 1990 to ensure that U.S. harvest 

 limits would not be more restrictive than those negotiated within the ICCAT forxim. Under the 

 Magnuson Act, "the Secretary shall provide fishing vessels of the United States with a reasonable 

 opportunity to harvest such allocation or quota .' Under the ATCA, no regulation promulgated under 

 this section may have the effect of Increasing or decreasing any allocation or quota of fish to the U.S. 

 agreed to pursuant to a recommendation of the Commission." 



NOAA improperly interpretes the terms "allocation or quou" to exclude the "fishing mortality levels" 

 adopted by ICCAT for north Atlantic swordfish harvests (Attachment A). This occurred despite the fact 

 that NOAA scientists have recommended that fishery management could be improved by calculating 

 quota levels based on fishing mortality rate targets. NOAA also asserts that U.S. harvests can be 

 reduced below those levels negotiated with other foreign nations. 



PROPOSAL: Amend the references to allocations or quotas in Section 206 (c)(3)(K) of the ATCA (16 

 U.S.C. 971 d(c)(3)(K) and Section 3O4(0(3)(E) of the MFCMA (16 U.S.C. 1854 (0(3)(E) by adding 

 the term "fishing mortality levelj". 



