BILL NUMBER: AJR 8 CHAPTERED
BILL TEXT
RESOLUTION CHAPTER 94
FILED WITH SECRETARY OF STATE SEPTEMBER 8, 2009
ADOPTED IN SENATE AUGUST 27, 2009
ADOPTED IN ASSEMBLY AUGUST 31, 2009
AMENDED IN SENATE JUNE 3, 2009
AMENDED IN ASSEMBLY APRIL 20, 2009
AMENDED IN ASSEMBLY APRIL 15, 2009
INTRODUCED BY Assembly Member Monning
(Coauthors: Assembly Members Bill Berryhill, Blumenfield, Lieu,
Nava, John A. Perez, Ammiano, Arambula, Bass, Beall, Blakeslee,
Block, Brownley, Caballero, Coto, Davis, De La Torre, De Leon,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Hayashi, Hill,
Huffman, Jones, Krekorian, Bonnie Lowenthal, Ma, Mendoza, Nestande,
V. Manuel Perez, Portantino, Price, Ruskin, Salas, Saldana, Skinner,
Audra Strickland, Swanson, Torlakson, Torrico, and Yamada)
(Coauthors: Senators DeSaulnier and Maldonado)
FEBRUARY 25, 2009
Relative to marine mammal protection.
LEGISLATIVE COUNSEL'S DIGEST
AJR 8, Monning. Marine mammal protection: swordfish importation.
This measure requests the United States government to restrict
swordfish imports unless and until there is a process by which a
nation seeking to export swordfish or swordfish products to the
United States provides reasonable proof of the effects on marine
mammals of the commercial fishing technology used to obtain the
swordfish or swordfish products, and the National Marine Fisheries
Service receives that proof and determines that the proof
demonstrates that the swordfish or swordfish products to be imported
were not caught with commercial fishing technology that results in
the incidental kill or incidental serious injury of marine mammals in
excess of United States standards.
WHEREAS, California is a coastal state that is dedicated to the
protection of our marine mammal populations, fisheries, and ocean
resources; and
WHEREAS, California and the United States public have a strong
interest in healthy global marine mammal populations; and
WHEREAS, Bycatch in some fisheries poses a significant threat to
many populations of marine mammals around the world and scientists
estimate that the global bycatch of marine mammals is likely to
number in the hundreds of thousands each year; and
WHEREAS, Scientific experts from Duke University and the
University of New Hampshire concluded in 2002 that, "incidental
capture in fishing operations is the major threat to whales,
dolphins, and porpoises worldwide. Several species and many
populations will be lost in the next few decades if nothing is done";
and
WHEREAS, Congress recognized that some types of fishing pose a
grave threat to marine mammal species when it passed the Marine
Mammal Protection Act (16 U.S.C. Sec. 1361 et seq.) (MMPA), a law
that imposes restrictions on fishery-related mortalities and injuries
of marine mammals and has led to the establishment of significant
regulatory protections designed to reduce marine mammal bycatch in
United States domestic fisheries; and
WHEREAS, Conservation measures have been effective in reducing
marine mammal bycatch in United States fisheries, resulting in a 40
percent decrease between 1990 and 1999; and
WHEREAS, Despite recognition of the importance of reducing bycatch
of marine mammals in fisheries, our knowledge of the global extent,
nature, and impacts of direct interactions between marine mammals and
foreign fisheries is limited; and
WHEREAS, Congress also realized that marine mammal conservation
could not be accomplished through regulation of United States
fishermen alone, thereby mandating in Section 101(a)(2) of the MMPA
that United States economic power be utilized to achieve conservation
of marine mammals outside United States waters; and
WHEREAS, Section 101(a)(2) of the MMPA states that the United
States government, "shall ban the importation of commercial fish or
fish products that have been caught with commercial fishing
technology that results in the incidental kill or incidental serious
injury of marine mammals in excess of United States standards"; and
WHEREAS, The MMPA directs that the Secretary of Commerce "shall
insist on reasonable proof from the government of any nation from
which fish or fish products will be exported to the United States of
the effects on ocean mammals of the commercial fishing technology in
use for such fish or fish products exported from such nation to the
United States"; and
WHEREAS, The United States imports over 10,000 metric tons of
swordfish and swordfish products each year, making it one of the top
swordfish consumers in the world; and
WHEREAS, The United States received swordfish imports from
approximately 43 countries between 2005 and 2007, inclusive, yet the
United States government reports that it has no information from any
of these countries regarding their fishing practices, take of marine
mammals, or any other information to satisfy the requirements of
Section 101 of the MMPA as of December 2007; and
WHEREAS, The responsible United States agencies cannot confirm
whether countries importing swordfish into the United States operate
under a regulatory scheme that is comparable to United States
standards without demanding, receiving, and assessing the proof
required under Section 101(a)(2) of the MMPA; and
WHEREAS, It therefore seems that the United States has imported
swordfish without obtaining the MMPA-mandated proof that the
swordfish was caught in compliance with United States standards for
the last 35 years; and
WHEREAS, Available information indicates that many of the
countries exporting swordfish to the United States fail to regulate
their fisheries in a manner that protects marine mammals, transship
fish from other poorly regulated and destructive fisheries, or may
not track bycatch data at all; and
WHEREAS, Collection and reporting of marine mammal bycatch in
foreign fisheries under Section 101(a)(2) of the MMPA could help
assist management organizations, such as regional fisheries
organizations, in assessing fishery interaction mitigation strategies
and directing conservation efforts; and
WHEREAS, United States swordfish fishermen compete with swordfish
imports from many poorly regulated foreign fishermen operating
without comparable and appropriate restraints on marine mammal
bycatch; and
WHEREAS, Enforcement of Section 101 of the MMPA would provide an
incentive for foreign fishing fleets to implement similar protective
measures and gear requirements as United States fisheries, reducing
foreign fleets' competitive advantage over United States fishermen;
now, therefore, be it
Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature of the State of California
requests the National Marine Fisheries Service and Department of the
Treasury, as appropriate, to carry out the nondiscretionary duties
imposed by Section 101(a)(2) of the Marine Mammal Protection Act and
immediately ban the importation of swordfish or swordfish products
from any and all countries that have not satisfied the MMPA Section
101(a)(2) requirement; and be it further
Resolved, That the Legislature of the State of California requests
the National Marine Fisheries Service to require nations wishing to
export swordfish or swordfish products to the United States to
provide information on the fishing methods used to catch the
swordfish or swordfish products, programs in place to protect marine
mammals from incidental harm by the fishery, and effectiveness of
fishery monitoring and enforcement activities, and consider that
information in making determinations under Section 101(a)(2) of the
MMPA; and be it further
Resolved, That the Legislature of the State of California requests
the United States government to restrict swordfish imports unless
and until there is a process by which any nation seeking to export
swordfish or swordfish products to the United States provides
reasonable proof of the effects on marine mammals of the commercial
fishing technology used to obtain the swordfish or swordfish
products, and the National Marine Fisheries Service receives that
proof and determines that it demonstrates that the swordfish or
swordfish products to be imported were not caught with commercial
fishing technology that results in the incidental kill or incidental
serious injury of marine mammals in excess of United States
standards; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the President of the United States, to the
Secretary of Commerce, to the Secretary of the Treasury, to the
National Marine Fisheries Service, to the Speaker of the House of
Representatives, and to each Senator and Representative from
California in the Congress of the United States.