82 



Despite having jurisdiction over Atlantic tuna and billfish since 1969, ICC AT has not 

 acted to prevent overfishing of bluefin tuna, swordfish and marlin. Current ICCAT 

 management plans for bluefin and swordfish are inadequate to rebuild these fisheries. Yet the 

 Magnuson Act, as amended in 1990, forbids U.S. regulations ft-om being more restrictive than 

 those measures agreed to at ICCAT, even when those measures are ineffective. 



The Act itself recognizes that international management measures alone are not effective 

 [§2(a)(4)]. Moreover, restricting the scope of conservation and management measures 

 promulgated under the Magnuson Act is wholly inconsistent with other U.S. law, is unique 

 among ICCAT treaty nations, and undermines U.S. authority to property manage our own 

 fisheries in our own waters. In effect, handcuffuig domestic regulations to ICCAT makes the 

 Magnuson Act irrelevant to the management of large pelagic fishes in the Adantic. 



The transfer of domestic management of Atlantic highly migratory species fi-om the 

 Regional Councils to the Secretary, also by amendment in 1990, is inconsistent with the 

 management system devised by Congress for all other species under U.S. jurisdiction, as well 

 as the Act's stated policy of assuring that conservation and management measures involve and 

 are responsive to the needs of interested and affected citizens. [§2(c)(3)] Denying the 

 Atlantic Councils management of these important fisheries has significantly reduced public 

 input into die management process and accountability of fishery managers to the public. As a 

 result, it has seriously eroded public confidence in management decisions. 



For these reasons, the Marine Fish Conservation Network urges Congress to: 



♦ repeal language added in the Fishery Conservation Amendments of 1990 limiting 

 domestic autiiority over highly migratory species to implementing international 

 recommendations, along with the repeal of similar language added to the Adantic Tunas 

 Convention Act in 1990; 



• repeal language transferring U.S. authority from the Adantic Councils to the 

 Secretary, at the same time amending die Act to facilitate preparation of multi-Council plans; 



♦ strengthen the U.S. posture in international negotiations by designating the Director 

 of the National Marine Fisheries Service as head of the U.S. delegation to ICCAT; and 



• amend die Adantic Tunas Convention Act (16 U.S.C. 971) to prohibit appointment 

 as Commissioners individuals who have a direct financial stake in the fisheries under the 

 Commission's jurisdiction. 



dus testimony 



1&MUII s juiisui(;uuii. 



Specific legislative language on each of diese points is included as a supplement to 

 itimony. 



While we do not expect diat each of diese notions will be met with enthusiasm, we 

 have been gratified by the common ground we share with those segments of the industry with 

 whom we have met to share our concerns. We are committed to continuing that dialogue. 

 We also look forward to working with you as you undertake your own deliberations on the 

 reauthorization of the FCMA. 



Thank you again. I would be happy to answer any questions you or other members of 

 the Subcommittee may have. 



