# Presentation: 695618

## Rebecca Lent
Director
NOAA Fisheries 
Office of International Affairs
July 2nd, 2008

**Director**
**NOAA Fisheries **
**Office of International Affairs**
**July 2****nd****, 2008**

**International Fisheries Management: Update and Emerging Issues****for MAFAC**** **

## Overview

- Office Introduction
- International MSRA
- Capacity Building
- Port Access Rulemaking
- EU Certification Scheme
- Swordfish Petition

## NOAA Fisheries ServiceOffice of International Affairs

**Mission: **
*    **Provide leadership to conserve, manage, and protect living marine resources and their habitats through domestic and international partnerships.*

## NOAA Fisheries ServiceOffice of International Affairs

## Bilateral Engagement

- Canada, Chile, China, EC, Japan, Mexico, Russia, Taiwan, Vietnam, Iceland...

## Regional Organizations

## 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

##  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)

## 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)

## 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

## 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

## 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

## 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

## 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

## 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

## 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

## 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

## 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

## 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

## 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

## 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

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

## 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

## 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

## 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

## 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

## 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

## 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

## Questions?