International Fisheries Management: Update and Emerging Issues for MAFAC

1. International Fisheries Management: Update and Emerging Issuesfor MAFAC Rebecca Lent Director NOAA Fisheries Office of International Affairs July 2nd, 2008

2. Overview • Office Introduction • International MSRA • Capacity Building • Port Access Rulemaking • EU Certification Scheme • Swordfish Petition

3. NOAA Fisheries ServiceOffice of International Affairs Mission: Provide leadership to conserve, manage, and protect living marine resources and their habitats through domestic and international partnerships.

4. NOAA Fisheries ServiceOffice of International Affairs

5. Bilateral Engagement • Canada, Chile, China, EC, Japan, Mexico, Russia, Taiwan, Vietnam, Iceland…

6. Regional Organizations

7. U.S. Engagement Fisheries Tuna: ICCAT, IATTC, WCPFC Non-tuna: NAFO, CCAMLR, IPHC, PSC, NPAFC, SPRFMO, ACAP Protected Species IWC, AIDCP, CITES, NASCO, SPAW, SPREP Trade/Economic OECD, WTO, APEC, CEC Other (Global) UNGA, FAO

8. International Responsibilities: Mandated work • Multiple legislative mandates implementing international agreements • Magnuson-Stevens Reauthorization Act (MSRA) • Marine Mammal Protection Act (MMPA) • Endangered Species Act (ESA) • President’s Ocean Action Plan (OAP)

9. U.S. Required Actions under MSRA • Actions must be taken to: • Address international overfishing • Strengthen international and regional fishery management organizations (RFMOs) • Combat illegal, unreported, or unregulated (IUU) fishing • Reduce bycatch of protected living marine resources (PLMRs)

10. U.S. Required Actions under MSRA • Biennial Report to U.S. Congress due January 2009 • Report will include: • Information on the status of international living marine resources • List of nations whose vessels have been identified as engaging in IUU fishing or bycatch of protected living marine resources

11. U.S. Required Actions under MSRA • U.S. Commerce Secretary is directed to consider in the biennial report whether: • An international organization regulates the IUU fishing activity in question or bycatch • Identified nations are party to or maintain cooperating status with the relevant organization • Identified nations have adopted a program to end or reduce bycatch that is comparable to U.S. program

12. U.S. Required Actions under MSRA • After identification, U.S. government will: • Notify nations of their identification and the Act’s requirements to address IUU fishing and bycatch • Initiate consultations with those nations • Notify relevant international organizations of U.S. actions to address IUU fishing • Seek international agreements to reduce bycatch

13. U.S. Required Actions under MSRA • U.S. Commerce Secretary is required to certify whether corrective action has been taken to address IUU fishing or bycatch • Nations must be provided an opportunity for notice and comment • Identified nations will receive either “positive” or “negative” certification

14. MSRA Certification Procedures • To grant a nation a positive certification, U.S. Commerce Secretary must determine if: • For IUU fishing: Nation has taken corrective action or the relevant international organization has implemented effective measures to address IUU fishing • For bycatch: Nation has adopted regulations comparable to the U.S. to address bycatch and established a management plan to collect data

15. Effects of a Negative Certification • Deny entry of fishing vessels to U.S. ports • With exceptions, prohibit importations of certain fish or fish products from that country

16. Status of Implementation • Rulemaking • ANPR published in June 2007 • Public comments solicited; public meetings held in July 2007 • Proposed rule currently undergoing internal review • Informal input solicited from other Federal partners

17. Status of Implementation • First Biennial Report to Congress • Progress report completed in January 2008 • Information solicitation notice for first identifications published in Federal Register on March 21, 2008 • Information received from the public (including other countries, NGOs) and other government agencies • Ongoing collaboration with Federal partners

18. Other International MSRA Provisions • Promote improved monitoring and compliance of international fisheries • Seek to improve the effectiveness of international organizations to address IUU fishing • Support efforts to build capacity in other countries for fisheries management and enforcement

19. International Cooperation and Assistance • U.S. has supported workshops on: • Methods to prevent and mitigate incidental take of marine turtles, mammals, seabirds, and other resources • Response to marine mammal strandings • Strengthening enforcement and preventing IUU fishing

20. International Cooperation and Assistance: West Africa MCS Meeting • West Africa identified as region with significant need to enhance Monitoring, Control, and Surveillance (MCS) capacities for scientific data collection and IUU enforcement • NOAA Fisheries proposed meeting on issue in January 2009 • Requested Ghana organize meeting since we have successfully partnered on ICCAT data workshop and observer training • Expectation that meeting will foster follow-up activities and synergize with other regional initiatives to enhance regional MCS capacity

21. Summary of International MSRA Provisions • Provide opportunities and challenges for the United States to improve fisheries management globally • Envision multilateral process to address IUU fishing and bycatch • Implementation requires a commitment to strengthening international organizations and capacity building efforts

22. Stay Informed:www.nmfs.noaa.gov/msa2007/

23. Port Access Rulemaking • Illegal, Unregulated, and Unreported (IUU) fishing • Major issue internationally, contributes to overfishing • Led to increased/strengthened MCS measures • Development of IUU vessel lists and associated penalties • IATTC, ICCAT, WCPFC, NAFO, CCAMLR focus of this rulemaking

24. Port Access Rulemaking • Undertaking rulemaking to clarify domestic processes of RFMO IUU vessel lists • Possible restrictions include: denial of port access, denial of port services, and others • Working to implement for several RFMOs in one rulemaking, where adopted • Coordinating with appropriate NOAA Fisheries, Coast Guard, State, and other partners • Proposed and final rulemaking planned by the end of 2008

25. EU IUU Certification Scheme • Would require seafood exported to the EU to receive prior certification from flag state that products are not IUU • Access to port facilities would be limited to list of designated EU ports • Would allow EU to ban access to ports for vessels of nations repeatedly engaged in IUU • Slated to go into effect in 2009

26. Swordfish Petition • Center for Biological Diversity & Turtle Island Restoration Network petitioned Commerce, Homeland Security, & Treasury • Requests that the U.S. ban imports of swordfish from countries that have not satisfied the MMPA requirement that exporting nations demonstrate fish were not caught with fishing gear that harmed marine mammals in excess of U.S. standards

27. Swordfish Petition • Top swordfish exporting countries include Singapore, Panama, & Canada • Federal Register will request comments on the petition and the definition of “U.S. standards” • NOAA Fisheries recently published report outlining current efforts for international marine mammal conservation and priority areas for future work

28. Conclusion • NOAA Fisheries Office of International Affairs faces challenges and opportunities with new mandates • Opportunities include increased capacity building and partnerships with other agencies and countries • Continued emphasis on strengthening regional and international organizations and agreements to improve stewardship of fisheries and protected resources

29. Questions?