*EPF415 06/12/2003
Text: State Dept. Official Urges Actions against Overfishing
(Countries need to implement existing agreements, Turner says) (4950)

Foreign countries must implement the international obligations to which they have agreed in order to halt overfishing in the oceans, a State Department official says.

In June 12 testimony before the Senate Commerce Committee John Turner, assistant secretary of state, said that fishing countries need to rebuild depleted fish stocks and reduce fishing capacity -- "simply too many boats chasing too few fish" -- including by eliminating subsidies.

"The commitments contained in recent fisheries agreements are the right commitments," Turner said. "Our challenge now is to ensure effective implementation of the full range of these instruments."

Renewed attention has gone to overfishing since publication of two reports, a May article in the journal Nature (www.nature.com) and a June report from the Pew Oceans Commission (www.pewoceans.org).

Turner described developments in a number of existing regional high-seas fisheries management regimes. He said that fishing countries must create new regimes for fisheries that are largely unregulated, including the Central and Western Pacific and Southeast Atlantic.

Illegal, unreported and unregulated (IUU) ocean fishing has become an increasingly important international challenge, he said. While fisheries enforcement officials from some countries are cooperating more than ever, he said, they need to improve their monitoring, control and surveillance of fishing vessels and put pressure on governments that allow IUU fishing by vessels flying their flags.

He said the international community must help developing countries build the capacity to manage fisheries in their 200-mile exclusive economic zones (EEZs). About 90 percent of ocean fishing harvest takes place in the coastal EEZs, particularly developing coastal states, he said.

"There is no hiding the fact that the situation facing many fisheries remains bleak," Turner said. "We must ensure that the impressive collection of international agreements we have negotiated in the past decade do not remain mere words on paper."

Following is the text of Turner's testimony as submitted for the committee's record.

(begin text)

STATEMENT OF
JOHN F. TURNER
ASSISTANT SECRETARY OF STATE
FOR OCEANS AND INTERNATIONAL ENVIRONMENTAL
AND SCIENTIFIC AFFAIRS

BEFORE THE SENATE COMMITTEE ON COMMERCE,
SCIENCE AND TRANSPORTATION

JUNE 12, 2003

Mr. Chairman and Members of the Committee:

Your invitation to testify before this Committee today on the U.S. role in international fisheries could not be more timely. The state of the world's oceans in general, and its fish stocks in particular, has recently received a great deal of attention. We are also looking forward to the report of the Commission on Ocean Policy later this year, which will undoubtedly contain a broad range of recommendations for action that will warrant serious consideration by the Administration and Congress.

I welcome this attention, for it affords us an opportunity to raise awareness of the issues we have been confronting, of the progress we have made, and of the daunting challenges that still face us.

My statement today begins with a brief overview of the general situation as we see it and then reviews a number of more specific issues, with a particular focus on those for which the Administration believes congressional action is necessary or desirable. In some cases, the testimony of other witnesses on this panel will elaborate on these specific issues. My statement closes with some thoughts on next steps that we must take.

OVERVIEW

In 2002, the Food and Agriculture Organization of the United Nations (FAO) reported that global production from capture fisheries and aquaculture is currently the highest on record. Worldwide, the tonnage of fish caught in the oceans and inland areas has remained relatively stable in recent years, while the tonnage of fish produced by aquaculture has continued to increase markedly. International trade in fish products has also risen tremendously.

These trends mask a number of very serious problems, however. Many of the world's primary fishery resources are under stress. A number of key fish stocks have collapsed from overfishing and environmental degradation (such as cod in the Northwest Atlantic), while others have become depleted (such as Atlantic bluefin tuna). While stocks in the Pacific Ocean are generally thought to be in somewhat better shape, increasing fishing effort on a number of those stocks gives us reason to be concerned.

In 2002, FAO estimated that, among the major marine fish stocks or groups of stocks for which information is available, about 47 percent are fully exploited, while another 18 percent are overexploited. An additional 10 percent of such stocks have been depleted or are recovering from depletion. In short, there are relatively few major fisheries that can absorb additional fishing effort. Meanwhile, we see a growing demand for fisheries products and many vessels looking for new places to fish.

Many factors have contributed to this situation. Most international management of fisheries relies upon "open access" approaches that can create incentives toward overfishing. Moreover, improvements in fishing technology, coupled with substantial government subsidies to fishers, have greatly increased harvesting capacity worldwide. To make matters worse, environmental degradation has spoiled some fish habitat. The ability of vessels to operate outside governmental controls, including by adopting "flags of convenience," has rendered fisheries enforcement less than effective in many circumstances. The use of certain kinds of fishing gear and fishing techniques has also led to serious concerns about the "bycatch" of other species (including some endangered species) and harm to the marine environment.

Fortunately for the fish, and for the fishers whose livelihoods depend on them, we have worked to create a network of agreements designed to address these critical problems. The United States can take great pride in our leadership in this field, as we often played the role of drafters and brokers for these international agreements. Congress has also provided leadership in this field, including through Senate advice and consent to the ratification of international fisheries treaties and enactment of relevant legislation.

Building on the general international law framework set forth in the 1982 United Nations Convention on the Law of the Sea, the past decade has witnessed a veritable explosion of new agreements and standards for the conservation and management of fisheries worldwide. Some of the important instruments are:

-- The 1995 UN Fish Stocks Agreement
-- The 1993 FAO Compliance Agreement
-- The 1995 FAO Code of Conduct for Responsible Fisheries
-- Four FAO International Plans of Action on specific matters
-- The 1996 Inter-American Sea Turtle Convention
-- The 1999 Agreement on the International Dolphin Conservation Program
-- The 2000 Central and Western Pacific Tuna Convention (not yet in force)

Our challenge now is to ensure effective implementation of the full range of these instruments. Working with Congress, U.S. constituent groups and our partners in the international community, we hope to realize the goal of sustainable fisheries worldwide.

GLOBAL ISSUES

Fisheries around the world are extraordinarily diverse. The species sought, the gear and techniques employed and the markets served all vary widely. Still, a number of common problems plague many fisheries. Worldwide, we are experiencing significant overcapacity of fishing fleets -- there are simply too many boats chasing too few fish. Excess fishing capacity creates pressure toward overfishing. Certain government subsidies to the fisheries sector exacerbate this problem of overcapacity, by allowing otherwise unprofitable vessels to remain engaged in fishing activity.

The very nature of ocean fishing, particularly fishing on the high seas, makes it difficult to enforce fishing rules. With the downturn in many valuable fisheries, the rules have become stricter, while the incentive to evade the rules has grown. The need to combat "illegal, unreported and unregulated" fishing -- also known as IUU fishing -- has risen to the forefront of challenges facing the international community in this field.

Many of the agreements I mentioned earlier seek to respond to these common, pressing problems. The UN Fish Stocks Agreement and the FAO Compliance Agreement, both of which are now in force, contain ground-breaking provisions on the responsibilities of flag States to control the fishing activities of their vessels. Two of the FAO International Plans of Action -- on fishing capacity and IUU fishing -- have provided new tools for addressing these concerns. The upcoming Trade Round also has a mandate to impose greater disciplines on subsidies that contribute to overfishing.

Let me reiterate that these agreements might not exist, or would not be as strong, without U.S. leadership in this field. The United States was among the first to ratify the UN Fish Stocks Agreement and the FAO Compliance Agreement. Our concerted diplomatic campaign to urge other nations to ratify these treaties has succeeded in bringing them into force. We can also take credit for our many contributions to the FAO International Plans of Action and the other instruments now in place to pursue sustainable fisheries.

REGIONAL ISSUES

Regional Fishery Management Organizations

Much of the specific management of international fisheries is accomplished through regional fisheries management organizations. The United States is a member of more than a dozen such commissions and related organizations. These organizations adopt measures to conserve and manage fisheries under their auspices, conduct related scientific research and provide venues for undertaking new policy initiatives in the field of marine conservation.

Funding to support U.S. participation in these organizations comes from appropriations to the International Fisheries Commissions account. Specifically, this account covers the U.S. share of operating expenses of nine international fisheries commissions and organizations, one sea turtle convention, the International Whaling Commission, two international marine science organizations, and travel and other expenses for non-Federal U.S. Commissioners.

In recent years, Congress has appropriated roughly $20 million for this account annually. For FY 03, the Bush Administration requested $19.78 million. Congress appropriated $17.1 million. In the Conference Statement accompanying the FY 2003 Omnibus Appropriations Bill, no funding was allocated for the operating expenses of the Pacific Salmon Commission and five other commissions. The Administration has submitted a notice to Congress on reprogramming funds within the International Fisheries Commission. The reprogramming will allow for the smallest feasible amount of funding so the Pacific Salmon Commission may continue operations and full funding of the smaller commissions. The Great Lakes Fisheries Commission and the International Pacific Halibut Commission will both be taking reductions in order to have all fish commissions in this account operating this fiscal year.

For FY 2004, the Bush Administration's budget request for International Fisheries Commissions amounts to $20.04 million, which includes $75 thousand for the Antarctic Treaty. We hope that Congress will appropriate the full amount.

International Commission for the Conservation of Atlantic Tunas (ICCAT). This commission manages tunas (and tuna-like species, such as swordfish) in the Atlantic Ocean. Key conservation issues facing ICCAT include maintenance of rebuilding programs for North Atlantic swordfish, pressing for greater compliance with ICCAT rules, cracking down further on "IUU" fishing of ICCAT species, reviewing ICCAT's practice of managing eastern and western bluefin tuna as separate stocks, and pressing for measures to conserve sea turtles and sharks incidentally captured in these fisheries. Recent attention has been focused on the EU's activities in ICCAT, and in fact a coalition of environmental groups and several state governors submitted a request to certify the EU under the Pelly Amendment to the Fishermen's Protective Act of 1967 for diminishing the effectiveness of ICCAT. We are working closely with the Department of Commerce on this issue.

Northwest Atlantic Fisheries Organization (NAFO). This Commission manages a wide variety of fisheries on the high seas of the northwest Atlantic Ocean, many of which remain seriously depleted. Some stocks, however, are rebounding after years of sharply restricted fishing, including yellowtail flounder. U.S. priorities in NAFO include seeking greater access for U.S. vessels to such recovering stocks and modifying the NAFO system for allocating quotas more generally. The United States has taken an active role in NAFO and held many positions of leadership in the organization; however, we are considering the proper balance between our level of participation in NAFO and the benefits we accrue there. The Department of Commerce witness will also address this issue in more detail.

Western and Central Pacific Fisheries Commission (WCPFC). Negotiations to establish a Western and Central Pacific Fisheries Commission concluded in September 2000. Throughout the negotiating process, the United States was a leader in developing the key provisions of this Convention and in bringing other nations together to accept a strong and balanced text. The United States and 18 other States have signed the Convention that will create the WCPFC, but it has not yet entered into force. The area covered by this Convention encompasses the last major area of the world's oceans not covered by a regional management regime for tunas and other highly migratory species. This region produces more than half the world's annual tuna catch. The United States is actively participating in the WCPFC Preparatory Process.

One key issue that we hope to see addressed under this new Convention is that of excess fishing capacity -- too many vessels catching too many fish. While the stocks of tuna in the Western and Central Pacific are not currently considered to be over-fished, excess capacity complicates adoption and implementation of effective conservation and management measures and has significant implications for the economic viability of these fisheries in the longer term.

This Convention, which enjoys strong support from the tuna industry and conservation organizations, will require Senate advice and consent to ratification. New legislation to implement the Convention will also be necessary before the United States could become a party to it. We look forward to working with the Committee on such legislation.

Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR). The 24-member Commission for the Conservation of Antarctic Marine Living Resources governs the harvesting of marine resources in the Southern Ocean. Concern has grown over the illegal harvesting of Patagonian toothfish, a high-value, long-lived fish species marketed in the U.S. as Chilean sea bass. CCAMLR designed an innovative catch documentation system in 2000 and, at its last meeting in November, adopted changes to distinguish better between legal and illegal catches and is instituting a list of fishing vessels which have engaged in IUU fishing. CCAMLR also is moving towards an Internet-based document and tracking system to reduce the possibilities for fraud.

Other Commissions. The United States participates in a number of other international fisheries commissions as well. Two of them, the International Pacific Halibut Commission and the Great Lakes Fishery Commission, involve Canada as the only other member. Two others, the North Atlantic Salmon Conservation Organization and the North Pacific Anadromous Fish Commission, have missions to conserve salmon stocks in their respective regions, including by ensuring that such stocks are not fished on the high seas. Finally, we are a longtime member of the Inter-American Tropical Tuna Commission, which regulates tuna fishing in the Eastern Pacific and is involved with our efforts to protect dolphin stocks in that region, as discussed below.

Bilateral Issues with Canada

Relations with Canada over fishery issues are better than they have been in many years. The 1999 Pacific Salmon Agreement appears to have resolved long-standing problems and has allowed the Pacific Salmon Commission to function effectively once again. The agreements on Yukon River salmon, on the amendments to the 1981 Albacore Treaty and on managing the transboundary Pacific whiting stock, described below, are noteworthy achievements as well.

The 1981 U.S.-Canada Albacore Treaty allows vessels of each country to fish for albacore, without limitation, in waters of the other country. In 2002, the United States and Canada agreed to amend the Treaty to provide for limits on such fishing. Such changes are necessary to limit a recently fast-growing Canadian fishery in U.S. waters and also to permit future management of the stock by both sides. President Bush transmitted the amendment to the Treaty to the Senate in January 2003 and we are hopeful that the Senate will act favorably on this matter in the near future. In addition, we need legislation to implement the Treaty, both in its existing form and as revised. Such legislation was introduced in the 107th Congress (H.R. 1989). The Senate passed this legislation in November 2002, but the House did not take action on the bill before final adjournment. The legislation was included in the Magnuson bill just transmitted to Congress, and we hope that Congress will pass the legislation in the very near future.

Most recently, U.S. and Canadian delegations have reached consensus on the text of an agreement to manage and share the valuable transboundary stock of Pacific whiting, also known as Pacific hake. Disagreements over sharing arrangements have led to overfishing in the past, as the United States took 80 percent of the allowable harvest, while Canada took more than 30 percent. This agreement, once it enters into force, should remedy that problem effectively. We look forward to working with Congress in developing implementing legislation for this agreement.

The United States and Canada reached agreement on a management regime for salmon fisheries on the Yukon River in Alaska and the Yukon Territory in March 2001. U.S. and Canadian officials concluded the agreement through an exchange of notes in December 2002. As this is an executive agreement, it did not require Senate advice and consent to ratification, nor was any additional legislation needed to implement to agreement. However, there is an on-going need for the authorization and appropriation of funds to implement the Agreement, including for the Restoration and Enhancement Fund established under the Agreement.

Finally, I would note that we are exploring ways to gain greater access for U.S. vessels to ports in Atlantic Canada. We are also engaged in efforts to resolve a dispute over lobster fishing in waters around Machias Seal Island off the coast of Maine.

South Pacific Tuna Access Agreement

This Treaty, which allows U.S. vessels to fish for tuna in the waters of 16 Pacific Island States, entered into force in 1988 and was amended and extended in 1993 for a ten-year period, through June 14 of this year. In 2002, the United States and the Pacific Island Parties concluded negotiations to extend the operation of this Treaty for an additional ten-year period, through June 14, 2013. The amendments to the Treaty and its Annexes will, among other things, enable use of new technologies for enforcement, streamline the way amendments to the Annexes are agreed, and modify the waters that are open and closed under the Treaty. President Bush submitted the amendments to the Treaty to the Senate for advice and consent in February 2003. Minor amendments to Section 6 of the South Pacific Tuna Act of 1988, Public Law 100-330, will be necessary to take account of the Amendment to paragraph 2 of Article 3, "Access to the Treaty Area," which permits U.S. longline vessels to fish on the high seas of the Treaty Area.

The Treaty provides considerable economic benefit to all parties, with the value of landed tuna contributing between $250 and $400 million annually to the U.S. economy. Nearly all of this fish is landed in American Samoa and processed in two canneries located there, one of which is owned by U.S. interests. These canneries provide more than 80 percent of private sector employment in that territory.

Bilateral Issues with Russia

Relations with the Russian Federation over fisheries issues in the North Pacific Ocean and Bering Sea are contentious. The failure of Russia to ratify the 1990 Maritime Boundary Treaty continues to create uncertainty, while corruption and lack of government resources have led to serious overfishing in Russian waters. A large-scale overhaul by the Government of the Russian Federation of its bureaucratic structure for managing fisheries is at present complicating efforts to address these matters. We are nevertheless actively looking for new ways to cooperate with Russia to improve this situation, including through the development of two new agreements, one on cooperation in marine science and the other on fisheries enforcement.

ECOSYSTEM ISSUES

We see a growing consensus in the international community that fisheries cannot be managed effectively by dealing with fish stocks in clinical isolation from the ecosystems in which they live. To be effective, fisheries managers must take into account such things as the relationships between target fish stocks and associated or dependent species, the effects of fishing practices on the marine environment, and non-fishing factors that affect the health and biomass of fish stocks.

The modern international norms of fisheries management certainly reflect the need for "ecosystem-based" fisheries management. The 1995 UN Fish Stocks Agreement, for example, calls upon States to minimize pollution, waste, discards, catch by lose or abandoned gear, catch of non-target species, both fish and non-fish species, ... and impacts on associated or dependent species, in particular endangered species, through measures including ... the development and use of selective, environmentally safe and cost-effective fishing gear and techniques.

The United States, through the combined efforts and Congress and the Executive Branch, has made progress in addressing these issues at the international level, but the work has, in many ways, only just begun. I would like to touch briefly on two well-known issues related to "bycatch" of non-target species: (1) efforts reduce sea turtle mortality in fishing operations and (2) efforts to reduce dolphin mortality in the purse seine fishery of the Eastern Pacific Ocean.

Sea turtles. Section 609 of Public Law 101-162 prohibits the importation of shrimp and products of shrimp harvested in a manner that may adversely affect sea turtle species. By May 1 of each year, the Department certifies to Congress those nations meeting criteria set forth in the statute relating to the protection of sea turtles in the course of shrimp trawl fishing. In 2003, we certified 39 nations and one economy (Hong Kong) as meeting the requirements of Section 609. Haiti did not meet certification requirements for 2002 and Indonesia remained uncertified from the previous year. Earlier in 2003, we removed Honduras and Venezuela from the list of certified countries.

The United States is a leading participant in two groundbreaking international agreements to protect sea turtles, one in the Americas and another in the Indian Ocean region. Although both regimes are just getting off the ground, they hold considerable promise for reversing the declines of these endangered species. The Department of State leads the U.S. delegation to meetings held pursuant to these agreements. Congress has supported these agreements through the appropriations process.

We are also working with NOAA Fisheries and the international community in a variety of fora to address the specific problem of the bycatch of sea turtles in longline fisheries. In 2002, the Department participated in the Second International Fishers' Forum, hosted by the Western Pacific Fisheries Management Council in Hawaii. The Department also helped sponsor and participated in the International Technical Expert Workshop on Marine Turtle Bycatch in Longline Fisheries in February 2003 in Seattle. In February 2003, we secured a commitment of FAO to convene an international technical consultation among members of FAO on the bycatch of sea turtles in longline and other commercial fisheries. The Department views this as the next step in a global campaign to seek solutions to this serious problem. In advance of that meeting, however, we are considering ways to work within some regional fisheries management organizations, such as the Inter-American Tropical Tuna Commission (IATTC), to provide input from those organizations into that process.

Tuna/dolphin. Following enactment of the 1997 International Dolphin Conservation Program Act, the United States and other countries whose vessels participate in the purse seine tuna fishery of the Eastern Pacific Ocean entered into negotiations to create an effective, binding agreement to protect dolphins from harm in this fishery. The resulting 1999 Agreement, which built on an earlier voluntary regime, has been a solid success, bringing observed dolphin mortalities down to extremely low levels through the use of proper incentives for vessel captains and a strong oversight program that includes mechanisms for transparency otherwise unknown in the field of international fisheries. Under the resulting 1999 Agreement and the earlier voluntary regime, dolphin mortalities have been reduced more than 98 percent from as recently as 1987.

We are aware of concerns regarding the level of compliance with this Agreement by some fishing countries. While the level of reported infractions represents a small percentage of overall activity under the Agreement, the Departments of State and Commerce are working with the other participants in the International Dolphin Conservation Program to address these concerns and to ensure that compliance with the Agreement is at the highest possible level. It should be noted, however, that the other countries whose vessels operate in this fishery entered into the 1999 Agreement with the expectation that the United States would adopt a new definition of "dolphin-safe" tuna. However, the International Dolphin Conservation Program Act made such a change in definition contingent on the outcome of certain studies and a finding by the Secretary of Commerce, a matter that remains in litigation.

SOME NEXT STEPS

Mr. Chairman, the Bush Administration continues to provide strong international leadership in pushing for global action to achieve sustainable fisheries. But the United States cannot do this alone. Our success will depend in large measure on our ability to harness and direct the energies of the international community toward a number of critical goals.

First, the international community must do more than pay lip service to applying a greater conservation ethic to the regulation of ocean fisheries. The commitments contained in recent fisheries agreements are the right commitments, but they cannot remain mere words on paper. Similarly, we must give effect to the commitments in this field made at the World Summit for Sustainable Development, particularly to rebuild depleted fish stocks on an urgent basis. The nations of the world must reduce fishing capacity in an effort to reduce pressure for overfishing. We must also devote more effort to the conduct of marine scientific research related to fisheries and must follow scientific advice consistently. Governments, both individually and through their participation in regional fisheries management organizations, must continue moving towards "ecosystem-based" fisheries management as well. In particular, we must do more to develop fishing gear and techniques that reduce bycatch further and produce fewer adverse effects on the marine environment. One critical need in this respect is to find ways to reduce the bycatch of endangered sea turtles in longline fisheries worldwide.

Second, we must complete the task of creating new management regimes to oversee important international fisheries that have, until recently, been largely unregulated. One prime example is for the tuna fisheries in the Central and Western Pacific, in which the Bush Administration is exercising a leadership role, as I mentioned earlier. The United States actively helped fashion a new regime to manage fisheries in the Southeast Atlantic Ocean, even though we do not have vessels fishing in that region at this time, in order to make that regime as strong as possible. We are also nearing the completion of an effort to overhaul the treaty creating the Inter-American Tropical Tuna Commission, which will allow that body to operate in conformity with modern norms of fishery conservation and management. We must use these new and improved regimes to press forward on an aggressive agenda to achieve sustainable fisheries in these respective regions.

Third, we must expand the use of the new tools for enforcing fishing rules, many of which are showing promise. Fisheries enforcement officials from various governments are coordinating their activities in real-time as never before, including through an informal Network that the United States and Chile helped to launch. We are seeing improvements in the area of monitoring, control and surveillance of fishing vessels, including through the use of independent observers and satellite-based vessel monitoring systems. While IUU fishing remains a very serious problem, we have succeeded in raising the profile of this issue and in putting pressure on governments to curb this practice. The Bush Administration has just issued a National Plan of Action on IUU Fishing, which contains many useful recommendations. This Action Plan will build on steps being taken in a variety of regional fisheries management organizations, including documentation schemes to reduce trade in illegally harvested fish, as well as controls on the landing and transshipment of fish in port. The international community also appears to be reconsidering the notion of exclusive flag-State jurisdiction over fishing vessels on the high seas, as a growing number of agreements allow other States to take certain enforcement actions against such vessels.

Finally, we must build help developing countries build their own capacity to manage fisheries in waters under their jurisdiction more effectively. Roughly 90 percent of fish caught in the oceans are taken from waters within the jurisdiction of coastal States, particularly developing coastal States. Because many valuable fish stocks migrate widely, it is manifestly in our own interest to help these developing countries better manage those stocks in their own waters, particularly to control rampant illegal fishing that too often takes place.

We certainly have much work to do if we are to reestablish sustainable fisheries worldwide. There is no hiding the fact that the situation facing many fisheries remains bleak. In short, we must ensure that the impressive collection of international agreements we have negotiated in the past decade do not remain mere words on paper. We must continue our efforts to turn those words into concrete actions if the situation facing international fisheries is to improve.

CONCLUSION

Thank you very much for this opportunity to address the Committee. I would be pleased to try to answer any questions that you may have.

(end text)

(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)

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