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signs noted in 1991 were no longer supportable . Of particular note in this report is the fact 

 that it projected that even under a zero catch scenario, by the year 2002 the populations 

 would still be well below the MSY level. 



Yet in the face of these alarming facts, the U.S. has refused to act in our EEZ, on 

 behalf of bluefin under our jurisdiction, to pursue even those limited, non-quota conservation 

 measures that are allowed by the ATCA and could have supplemented the international quota 

 regime for bluefin. U.S. domestic regulations could have served to supplement the 

 international allocation with non-quota measures such as time and area closures, but stopped 

 far short of even the minimal flexibility provided in the 1990 Amendments. 



Finally, we arc concerned diat the NMFS has been slow to develop a Fishery 

 Management Plan for bluefin tuna under the authority Congress provided in 1990. We 

 understand that the preparation of this plan will not begin until late this year or early in 1994. 



Western Atlantic Swordfish. The status of swordfish stocks is undisputedly in 

 decline and getting worse. These stocks are still being managed under the FMP developed by 

 the five regional fishery management councils, in accordance with the transfer of management 

 authority to the Secretary in the 1990 Amendments. The swordfish biomass is estimated by 

 ICCAT to be 16% below that which is necessary to produce MSY. The 1993 assessment 

 continues to reflect that the populations are still overexploited and below the level needed to 

 produce MSY. The average size fish is now well below the size at sexual maturity. 



The scarcity of fish is evident in the catch statistics, as well. In 1991, U.S. fishermen 

 reported landings of 700,000 pounds below the quota. Yet in 1992, the NMFS increased the 

 total allowable catch, admitting in its final rule that the increase did not reflect any change in 

 the status of the stock. By raising the catch quota, not only has the agency increased fishing 

 pressure on a severely overfished resource, but it undermines our ability to persuade ICCAT 

 to adopt the 50% reduction in mortality that has been recommended by its own scientific 

 committees. Despite die increased quota, however, in 1992 U.S. fishermen caught only 76 

 percent of what was allowed. 



One primary criticism of both the international and domestic management regime is 

 the fact that both rely primarily upon a minimum size limit, rather than implementing 

 "variable season closures" as recommended by the Fishery Management Councils in the 

 withdrawn 1990 amendments to the Swordfish Fishery Management Plan, or relying upon 

 "time and area closures" as authorized within the 1990 ICCAT recommendations. The 1990 

 Amendments provided the agency witii the authority to manage highly migratory species 

 under the conservation requirements of the FCMA, but the ambiguity about the relationship 

 between the ATCA and the FCMA continues to provide the agency a means to opt for 

 regulating under the least conservative regime ratiier tiian choosing the most risk averse 

 approach to managing this declining resource. 



Sharks. Despite the history of delays in developing the AUantic Shark Fishery 

 Management Plan, NMFS has closely monitored shark landings and promptiy closed fisheries 

 once quotas were reached since the plan's April implementation. Meanwhile, the 

 management team appointed to improve the shark plan has been unable to act as decisively. 



Shark species at greatest risk from overfishing include tiger, dusky, bull, blacktip, and 

 sandbar sharks, all part of the plan's "large coastal" grouping. On July 1, after an initial 

 closure in May, the large coastal shark fishery reopened and the second semi-annual quota 

 was reached in just a month. The fishery was closed promptiy and will remain so until 

 January, 1994. It is hoped the break firom intense fishing pressure will aid the recovery of 

 severely depleted populations. 



In the meantime, tiie Operations Team (OT) charged with monitoring and amending 

 the shark plan met for the first time in July. This team, made up of NMFS officials, 

 scientists, and economists, as well as representatives from the affected Fishery Management 



