1. MAGNUSON-STEVENS REAUTHORIZATION ACT WORKSHOP SEPTEMBER 25-26,2007 ISSUE 3: INTERNATIONAL

2. SECTION 304(i) or (j)? Subparagraph (i) applies instead of (e) if: Subparagraph (i) applies instead of (e) if: –Fishery is declared by the Secretary to be overfished or approaching a condition of being overfished –Due to excessive international fishing pressure –AND there are no management measures to end overfishing –Under an international Agreement to which the U.S. is a Party

3. SECTION 304(i) (Cont.) THEN: THEN: –(1) Secretaries of State and Commerce (shall ?) immediately take action at the international level to end overfishing –(2) Within one year the Secretary or Councils shall

4. SECTION 304(i) (Cont.) (A) Develop recommendations for domestic regulations to address the relative impact of U.S. vessels on the stock (A) Develop recommendations for domestic regulations to address the relative impact of U.S. vessels on the stock (B) Develop recommendations for the Secretary of State and Congress [n.b. not the Secretary of Commerce] for international actions to: (B) Develop recommendations for the Secretary of State and Congress [n.b. not the Secretary of Commerce] for international actions to:

5. SECTION 304(i) (Cont.) End overfishing End overfishing Rebuild affected stocks Rebuild affected stocks Taking into account the relative impact of the U.S. and foreign vessels on the relevant stock.

6. How Might This Work For South Pacific Albacore? The surface troll fishery takes 25% of the South Pacific Albacore Stock The surface troll fishery takes 25% of the South Pacific Albacore Stock The surface troll fishery is split between the U.S. and New Zealand 20%-80% The surface troll fishery is split between the U.S. and New Zealand 20%-80% Scientists e.g. say the fishery should be reduced by 15% Scientists e.g. say the fishery should be reduced by 15% 20% of 25% = 5% times 15% =.07% 20% of 25% = 5% times 15% =.07% Effective? Hurt the Competitive Position of the U.S. fleet? Effective? Hurt the Competitive Position of the U.S. fleet?

7. Math Anyone All South Pacific Albacore Caught: 120,000 All South Pacific Albacore Caught: 120,000 Surface Troll Fishery Catches: 30,000 Surface Troll Fishery Catches: 30,000 U.S. Surface Troll Catches: 6,000 U.S. Surface Troll Catches: 6,000 Suggested Cut Back of 15%: 900 Suggested Cut Back of 15%: 900 15% of 120,000 equals: 18,000 vs 900 15% of 120,000 equals: 18,000 vs 900 Good return on investment 10% Good return on investment 10%

8. WHAT IF THERE ARE MANAGEMENT MEASURES? Do they also have to be effective? Do they also have to be effective? Who decides if they are? Who decides if they are? If there are effective measures, or just measures, are you now under the 2 year time period of Section304(e)? If there are effective measures, or just measures, are you now under the 2 year time period of Section304(e)?

9. ANNUAL CATCH LIMITS Section 302(h)(6) - Council obligation to develop annual catch limits for each managed fishery... Section 302(h)(6) - Council obligation to develop annual catch limits for each managed fishery... Section 303(a)(15) Section 303(a)(15) –Fisheries Management Plans must contain a mechanism, implementing regulations, or annual specifications and measures to assure accountability regarding ACLs

10. How Can Annual Catch Limits Apply to International Fisheries IATTC – Yellowfin tuna – closed period of the season – no annual quotas? IATTC – Yellowfin tuna – closed period of the season – no annual quotas? ICCAT – closed areas? ICCAT – closed areas? IATTC – Tuna Conventions Act IATTC – Tuna Conventions Act

11. OTHER QUESTIONS Can the U.S. ACL be set as to what the International U.S. Quota Is? Can the U.S. ACL be set as to what the International U.S. Quota Is? MSRA 2006 Section 104(a)(10) says the ACL applies MSRA 2006 Section 104(a)(10) says the ACL applies unless otherwise provided for under an international agreement in which the U.S. participates unless otherwise provided for under an international agreement in which the U.S. participates In fishing year 2010 for overfished and 2011 for species not overfished In fishing year 2010 for overfished and 2011 for species not overfished Should ACL be treated as part of Natl Stand. 1? Should ACL be treated as part of Natl Stand. 1?

12. DEFINITION OF IUU FISHING