The ocean is a dangerous place for those who make their living in
this unpredictable environment. In addition to the harsh working conditions,
fishers are now confronted by the reality that the world’s fisheries are in a
serious state of decline. The situation is so drastic that foreign governments
have used armed force to protect their fisheries from foreign
vessels.
The fisheries resources of the world were once thought to be
limitless. It is now all too obvious that these resources are finite and in
jeopardy,
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protect these valuable resources, prudent management and enforcement action is
necessary.
In the future, the United States can anticipate increased
foreign fishing vessel incursions into the Exclusive Economic Zone. This could
have serious economic consequences for the United States. Protecting and
preserving our living marine resources has become a matter of national security.
The Coast Guard is the only federal agency capable of projecting a U.S,
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law-enforcement presence throughout the Exclusive Economic Zone and in key areas
of the high seas.
Protecting the U.S.
Exclusive Economic Zone and key areas of the high seas is an important mission
for the Coast Guard. The Coast Guard is charged with enforcing all U.S. maritime
law, including laws that protect the economic livelihood of those who rely on
commercial fisheries.
The U.S. fishing industry possesses the ability to
virtually eradicate stocks by over-harvesting.
Protection of marine
mammals is another key enforcement issue for the Coast Guard. Laws and treaties
that protect marine mammals help improve the chances of survival of numerous
endangered species.
The Coast Guard’s Role in Living Marine Resource
Enforcement
The Coast Guard has four overall objectives in its living
marine resources mission:
? To prevent illegal encroachment of the U.S.
EEZ by foreign fishing vessels.
? To ensure compliance with U.S. laws and
regulations.
? To monitor compliance with international
agreements.
? To develop viable enforcement schemes to support marine
resource management plans.
Enforcement of the fishery management plans
that protect and manage our fish stocks and marine mammals falls to the National
Marine Fisheries Service and the Coast Guard.
NMFS estimates 96 species
of fish and shellfish are endangered or at risk in the EEZ.
The
recreational and commercial fishing industry has an economic impact of more than
$20 billion to the United States, employing tens of thousands of people and
providing a food source for millions of Americans.
The United States has
the largest EEZ in the world, 2.25 million square miles, containing an estimated
20 percent of the world’s fisheries resources.
There are also a
significant number of marine mammals at risk,
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including the Northern Right Whale, with approximately 300 in
existence.
The United States is the fifth largest fishing nation in the
world, with approximately 110,000 commercial vessels. The capacity of the U.S.
fishing fleet alone far exceeds all fish stocks’ capabilities to reproduce. Many
U.S. fisheries are threatened by over-capitalization of the industry, excessive
incidental by-catch and habitat degradation. Increased effort by U.S. fishers
results in a reduction of spawning stock and an increase in the harvest of
immature fish.
Habitat degradation has occurred due to massive water
diversions for agricultural projects and the negative impact of urban
development.
In recent years on an international level, competition for
declining resources has resulted in a number of violent confrontations as some
of the world’s fishers resort to illegal activity.
Some of these
unfortunate incidents include:
? Three Thai fishermen who were killed by
Vietnamese maritime authorities.
? Two Spanish fishermen were injured
when their vessel was fired on by a Portuguese patrol boat within Portuguese
waters,
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? The
Canadian patrol vessel fired at a Spanish boat illegally fishing in an
internationally patrolled area in the North Atlantic.
? A Russian Border
Guard ship fired on two Japanese vessels thought to be poaching; one ship was
hit, and fishers on board were injured.
? An Argentine gunboat fired on
and sank a Taiwan fishing vessel.
? A patrol boat from the Falklands
chased a Taiwan fishing vessel more than 4,000 miles.
These, and other
similar incidents underscore the high stakes being played out across the world
as declining fish stocks put increasing pressure on fishing nations to undertake
more aggressive action. In the future, fishing treaties will become the source
of greater diplomatic attention.
Magnuson-Stevens Fishery Conservation
and Management Act
Among the earliest fisheries laws enacted were the
1889 laws protecting U.S. salmon fisheries. However, only since the end of World
War II has conservation of living marine resources become of significant
interest to the United States and other coastal nations.
During the
1950s, the United States instituted the Northwest Atlantic Fisheries Act, which
implemented the International Convention for Northwest Atlantic Fisheries, as
well as the Tuna Conventions and Northwest Pacific Fisheries Acts. The Coast
Guard documented violations by foreign vessels btit had little direct
enforcement authority.
The Bartlett Act, passed in 1964, prohibited
foreign fishing in U.S. territorial waters and authorized the seizure of foreign
vessels in violation. Amendments to the act broadened the protected area to
include the 12-mile contiguous zone, prohibited processing operations and
provided a maximum penalty of $100,000.
The most significant legislation
is the MagnusonStevens Fishery Conservation and Management Act. Adopted by
Congress in 1976, the act established the 200-nautical-mile Exclusive Economic
Zone. More recently, President Clinton advocated responsible stewardship of the
earth’s resources, including the goal of sustainable development of fisheries.
This directive sought to project a U.S. leadership role in the proper management
of ocean resources for the rest of the world.
The Coast Guard also
enforces the Lacey Act, which makes it unlawful for any person subject to the
jurisdiction of the United States to import, export, transport, sell or receive
fish or wildlife taken in violation of any U.S. law, treaty or foreign
law.
Regional Fishery Management Councils In addition to establishing the
EEZ, the Magnuson Act created eight Regional Fishery Management Councils, tasked
with developing Fishery Management Plans to improve the sustainability of fish
in the FEZ. The councils are comprised of principal state officials with fishery
management responsibility,
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nominated by the governors of the states within the councils’ areas and NMFS
regional directors. These members are representatives of the fishing industry,
the recreational fishing community or others with substantial knowledge of
fisheries. The Coast Guard provides enforcement and safety guidance on proposed
management regulations and updates on existing regulation enforcement.
In
creating the councils, Congress intended that they reflect the diversified
interests of regional stake holders, including the fishing industry,
recreational fishers, environmentalists, and federal and state fisheries
regulators.
The councils are required to prepare FMPs in partnership with
NMFS, subject to the approval of the Secretary of Commerce. There are presently
39 FMPs in
effect. NMFS has classified 86 species as "over-fished" and 10
that are "approaching an over-fished condition."
The Role of NOAA and
NMFS In Fisheries Management and Conservation
The National Marine
Fisheries Service, as part of the National Oceanic and Atmospheric
Administration, manages the fisheries and shares enforcement responsibility with
the Coast Guard.
NMFS management consists of biologists, economists and
managers who work closely with the regional fisheries management councils to
develop Fishery Management Plans. Coast Guard and NMFS enforcement personnel
provide enforcement guidance to the managers prior to implementing the
FMP.
NMFS agents are considered subject-matter specialists for fisheries
enforcement. During at-sea boardings involving foreign vessels, the Coast Guard
ensures that NMFS is involved in decisions prior to any action taken for
violations of the Magnuson-Stevens Act. In addition, NOAA’s General Counsel is
responsible for adjudicating civil penalty cases against vessels violating the
Magnuson-Stevens Act.
Deterrence of Foreign Poaching
To counteract
the threat of foreign encroachment, the Coast Guard patrols the EEZ with
long-range surveillance aircraft, cutters and patrol boats, which also conduct
on-scene enforcement.
Areas most often subject to incursions
include:
? The Bering Sea at the U.S./ Russia Maritime Boundary.
?
The western Pacific around U.S. territories.
? The U.S./Mexico maritime
border.
In fiscal year 1997, the Coast Guard took action against 169
foreign vessels fishing illegally inside the U.S. FEZ. When successful, foreign
fishing fleets steal a valuable resource from the, resulting in a total economic
loss to the American public.
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