High Seas Driftnet Fisheries Enforcement Act of 1992

Last updated
High Seas Driftnet Fisheries Enforcement Act of 1992
Great Seal of the United States (obverse).svg
Other short titlesDriftnet Moratorium Enforcement Act of 1991
Long titleAn Act to enhance the effectiveness of the United Nations international driftnet fishery conservation program.
Acronyms (colloquial)HSDFEA
NicknamesCentral Bering Sea Fisheries Enforcement Act of 1992
Enacted bythe 102nd United States Congress
EffectiveNovember 2, 1992
Citations
Public law 102-582
Statutes at Large 106  Stat.   4900
Codification
Titles amended 16 U.S.C.: Conservation
U.S.C. sections created 16 U.S.C. ch. 38,subch. III §§ 1826a-1826c
U.S.C. sections amended 16 U.S.C. ch. 38,subch. I § 1801 et seq.
Legislative history

High Seas Driftnet Fisheries Enforcement Act of 1992 is United States declaration citing an observance of the United Nations international driftnet fishery conservation program to restrict large scale driftnet fishing in high seas or international waters. The Act of Congress acknowledges the United Nations General Assembly Resolutions imposing a global moratorium on all high seas driftnet fishing by December 31, 1992. [1] [2] [3] In accordance with Title 16 section 1857, the United States federal law 102-582 proclaims the Magnuson–Stevens Fishery Conservation and Management Act prohibits the application of large scale driftnet fishing within an exclusive economic zone of any sovereign state and the United States.

Contents

The 1992 legislation was drafted as House Bill H.R. 2152 and Senate Bill S. 884. [4] The H.R. 2152 bill superseded the S. 884 bill which was passed by the 102nd United States Congressional session and enacted into law by the 41st President of the United States George H.W. Bush on November 2, 1992. [5]

Titles of the Act

The federal statute was drafted as five titles defining the United States bearing on judicial enforcement and marine conservation of large scale driftnet fishing in the Seven Seas.

Title I - High Seas Large-Scale Driftnet Fishing

Denial of port privileges and sanctions for high seas large-scale driftnet fishing
Duration of denial of port privileges and sanctions
Requirements under Marine Mammal Protection Act of 1972
Definitions

Title II - Fisheries Conservation Programs

Import restrictions under Fishermen's Protective Act of 1967
Enforcement
Trade negotiations and the environment

Title III - Fisheries Enforcement in Central Bering Sea

Prohibition applicable to United States vessels and nationals
Port privileges denial for fishing in Central Bering Sea
Duration of port privileges denial
Restriction of fishing in United States exclusive economic zone
Definitions
Termination

Title IV - Miscellaneous Provisions

Intermediary nations involved in export of certain tuna products
Authority to extend reemployment rights
Limitation on terms of voting members of regional fishery management councils
Observer fee for North Pacific fisheries research plan

Title V - Fees

Recreational boat tax repeal
Automated tariff filing and information system

See also

Related Research Articles

A United Nations General Assembly resolution is a decision or declaration voted on by all member states of the United Nations in the General Assembly.

<span class="mw-page-title-main">Longline fishing</span> Commercial fishing technique

Longline fishing, or longlining, is a commercial fishing angling technique that uses a long main line with baited hooks attached at intervals via short branch lines called snoods or gangions. A snood is attached to the main line using a clip or swivel, with the hook at the other end. Longlines are classified mainly by where they are placed in the water column. This can be at the surface or at the bottom. Lines can also be set by means of an anchor, or left to drift. Hundreds or even thousands of baited hooks can hang from a single line. This can lead to many deaths of different marine species. Longliners – fishing vessels rigged for longlining – commonly target swordfish, tuna, halibut, sablefish and many other species.

<span class="mw-page-title-main">Gillnetting</span> Type of fishing net

Gillnetting is a fishing method that uses gillnets: vertical panels of netting that hang from a line with regularly spaced floaters that hold the line on the surface of the water. The floats are sometimes called "corks" and the line with corks is generally referred to as a "cork line." The line along the bottom of the panels is generally weighted. Traditionally this line has been weighted with lead and may be referred to as "lead line." A gillnet is normally set in a straight line. Gillnets can be characterized by mesh size, as well as colour and type of filament from which they are made. Fish may be caught by gillnets in three ways:

  1. Wedged – held by the mesh around the body.
  2. Gilled – held by mesh slipping behind the opercula.
  3. Tangled – held by teeth, spines, maxillaries, or other protrusions without the body penetrating the mesh.

Fisheries and Oceans Canada is a department of the Government of Canada that is responsible for developing and implementing policies and programs in support of Canada's economic, ecological and scientific interests in oceans and inland waters. Its mandate includes responsibility for the conservation and sustainable use of Canada's fisheries resources while continuing to provide safe, effective and environmentally sound marine services that are responsive to the needs of Canadians in a global economy.

The Northwest Atlantic Fisheries Organization (NAFO) is an intergovernmental organization with a mandate to provide scientific advice and management of fisheries in the northwestern part of the Atlantic Ocean. NAFO is headquartered in Halifax, Nova Scotia, Canada.

<span class="mw-page-title-main">Drift netting</span> Fishing technique

Drift netting is a fishing technique where nets, called drift nets, hang vertically in the water column without being anchored to the bottom. The nets are kept vertical in the water by floats attached to a rope along the top of the net and weights attached to another rope along the bottom of the net. Drift nets generally rely on the entanglement properties of loosely affixed netting. Folds of loose netting, much like a window drapery, snag on a fish's tail and fins and wrap the fish up in loose netting as it struggles to escape. However, the nets can also function as gill nets if fish are captured when their gills get stuck in the net. The size of the mesh varies depending on the fish being targeted. These nets usually target schools of pelagic fish.

<span class="mw-page-title-main">Small Island Developing States</span> Developing countries that are small island countries

The Small Island Developing States (SIDS) are a grouping of developing countries which are small island countries and tend to share similar sustainable development challenges. These include small but growing populations, limited resources, remoteness, susceptibility to natural disasters, vulnerability to external shocks, excessive dependence on international trade, and fragile environments. Their growth and development are also held back by high communication, energy and transportation costs, irregular international transport volumes, disproportionately expensive public administration and infrastructure due to their small size, and little to no opportunity to create economies of scale. They consist of some of the most vulnerable countries to anthropogenic climate change.

<span class="mw-page-title-main">Earthtrust</span> Environmental organization

Earthtrust (ET) is a non-governmental environmental organization based on the island of Oahu in Hawaii. Earthtrust was founded by in 1976 by Don White, a founding member and former international campaign director of Greenpeace International who has directed the organization since its inception. Focusing mostly on marine conservation, Earthtrust is responsible for the largest conservation victory in history by biomass due to its critical role in exposing, documenting, and ending large-scale high seas driftnetting. Earthtrust has been involved in many high-profile advocacy actions; notably the pioneering use of genetic analysis to demonstrate the prevalence of pirate whaling, the first scientific demonstration of self-awareness in a non-primate at its Delphis lab, creation of the first international seafood environmental accreditation standard, binding the world's largest tuna firm (StarKist) contractually to its tuna-acquisition criteria, and being the first to take charge of the environmental disaster left by the retreating Iraqi army in the Gulf War. The organization was designed to have a high funding efficiency and effectiveness, showcasing the methodologies of "effectivism" and "system steering" as alternatives to standard activism, by preferentially taking on what would otherwise be considered "impossible missions".

<span class="mw-page-title-main">National Oceanic and Atmospheric Administration Fisheries Office of Law Enforcement</span>

The National Oceanic and Atmospheric Administration Fisheries Office of Law Enforcement is a federal police part of the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration, headquartered in Silver Spring, Maryland. The leadership consists of Director James Landon, Deputy Director Logan Gregory, Assistant Director Todd Dubois, and Budget Chief Milena Seelig.

Samuel Freeman LaBudde is an American biologist. He was awarded the Goldman Environmental Prize in 1991 for his landmark efforts on preserving dolphins and other marine species.

Islands First is a non-governmental organization working on behalf of the Small Island Developing States to confront the challenges of climate change, the depletion of ocean resources, and ocean level's rise.

<span class="mw-page-title-main">International Seafood Sustainability Foundation</span>

International Seafood Sustainability Foundation (ISSF) was formed in 2009 as a global, non-profit partnership among the tuna industry, scientists and World Wide Fund for Nature. The multistakeholder group states its mission is "to undertake science-based initiatives for the long-term conservation and sustainable use of tuna stocks, reducing bycatch and promoting ecosystem health". Regional Fisheries Management Organizations (RFMOs) are primarily responsible for managing the world's tuna stocks—skipjack, yellowfin and albacore tuna, the species most commonly processed for canned and shelf-stable tuna products, but their parliamentary procedures too often allow the short-term economic and political interests of nations to prevent sustainable measures from being adopted. ISSF works to ensure that effective international management practices are in place to maintain the health of all the tuna stocks.

Ocean governance is the conduct of the policy, actions and affairs regarding the world's oceans. Within governance, it incorporates the influence of non-state actors, i.e. stakeholders, NGOs and so forth, therefore the state is not the only acting power in policy making. However, ocean governance is complex because much of the ocean is a commons that is not ‘owned’ by any single person or nation/state. There is a belief more strongly in the US than other countries that the “invisible hand” is the best method to determine ocean governance factors. These include factors such as what resources we consume, what price we should pay for them, and how we should use them. The underlying reasoning behind this is the market has to have the desire in order to promote environmental protection, however this is rarely the case. This term is referred to as a market failure. Market failures and government failures are the leading causes of ocean governance complications. As a result, humankind has tended to overexploit marine resources, by treating them as shared resources while not taking equal and collective responsibilities in caring for them.

The North Pacific Anadromous Fish Commission (NPAFC) is an international, inter-governmental organization dedicated to the conservation of anadromous fish stocks in international waters of the North Pacific Ocean and its adjacent seas. It was established on 11 February 1992 by the Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean and originally consisted of four member nations: Canada, Japan, Russian Federation, and United States of America. On 27 May 2003, the Republic of Korea acceded to the Convention bringing the current number of Commission members to five. The primary objective of the Commission is to provide a mechanism for international cooperation promoting the conservation of anadromous stocks in the NPAFC Convention Area of the North Pacific Ocean.

The Wellington Convention is a 1989 multilateral treaty whereby states agreed to prohibit the use of fishing driftnets longer than 2.5 kilometres in the South Pacific. The Wellington Convention played a role in the 1991 United Nations General Assembly's resolution calling for a global moratorium of driftnet fishing on the high seas.

Operation DRIFTNET is the Canadian Armed Forces operation conducted in support of Fisheries and Oceans Canada (DFO). It delivers Canada's participation in multinational efforts to control driftnetting and other forms of illegal, unregulated and unreported fishing in the North Pacific Ocean. Operation DRIFTNET is conducted under a Memorandum of Understanding between DFO and the Department of National Defence.

High seas fisheries management refers to the governance and regulation of fishing activities in areas beyond national jurisdiction, often referred to as the 'high seas'.1 The 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the 1995 United Nations Fish Stock Agreement (UNFSA) provide the international legal framework for the regulation of fishing activities in areas beyond national jurisdiction. The United Nations Fish Stock Agreement delegates responsibility for conservation and management of fish stocks to regional fisheries management organizations (RFMOs) each governing a geographical area of the high seas.

<span class="mw-page-title-main">Marine policy of the Barack Obama administration</span>

The Marine Policy of the Barack Obama administration comprises several significant environmental policy decisions for the oceans made during his two terms in office from 2009 to 2017. By executive action, US President Barack Obama increased fourfold the amount of protected marine space in waters under United States control, setting a major precedent for global ocean conservation. Using the U.S. president's authority under the Antiquities Act of 1906, he expanded to 200 nautical miles the seaward limits of Papahānaumokuākea Marine National Monument in Hawaiʻi and the Pacific Remote Islands Marine National Monument around the U.S. island possessions in the Central Pacific. In the Atlantic, Obama created the Northeast Canyons and Seamounts Marine National Monument, the first marine monument in the U.S. exclusive economic zone (EEZ) in the Atlantic.

The fishing industry in Thailand, in accordance with usage by The World Bank, the UN's Food and Agriculture Organization (FAO) and other multinational bodies, refers to and encompasses recreational fishing, aquaculture, and wild fisheries both onshore and offshore.

<span class="mw-page-title-main">Sustainable Development Goal 14</span> 14th of 17 Sustainable Development Goals to conserve life below water

Sustainable Development Goal 14 is about "Life below water" and is one of the 17 Sustainable Development Goals established by the United Nations in 2015. The official wording is to "Conserve and sustainably use the oceans, seas and marine resources for sustainable development". The Goal has ten targets to be achieved by 2030. Progress towards each target is being measured with one indicator each.

References

  1. "44-225 ~ Large-scale pelagic driftnet fishing and its impact on the living marine resources of the world's oceans and seas". UN General Assembly Resolution ~ A/RES/44/225. United Nations (UN) General Assembly. December 22, 1989.
  2. "45-197 ~ Large-scale pelagic driftnet fishing and its impact on the living marine resources of the world's oceans and seas". UN General Assembly Resolution ~ A/RES/45/197. United Nations (UN) General Assembly. December 21, 1990.
  3. "46-215 ~ Large-scale pelagic driftnet fishing and its impact on the living marine resources of the world's oceans and seas". UN General Assembly Resolution ~ A/RES/46/215. United Nations (UN) General Assembly. December 20, 1991.
  4. "S. 884 ~ Driftnet Moratorium Enforcement Act of 1991". P.L. 102-582 ~ 106 Stat. 4900. Congress.gov. April 23, 1991.
  5. Bush, George H.W. (November 2, 1992). "Statement on Signing the High Seas Driftnet Fisheries Enforcement Act - November 2, 1992". Internet Archive. Washington, D.C.: National Archives and Records Service. pp. 2150–2151.