Protecting
by
John
Garofolo
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. To protect these valuable resources, prudent management and
enforcement action is necessary.
In the future, the
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
The
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
· 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
The
There are also a significant number of marine mammals
at risk, or endangered, including the Northern Right Whale, with
approximately 300 in existence.
The
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.
· The Canadian patrol
vessel fired at a Spanish boat illegally fishing in an internationally
patrolled area in the
· 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
· A patrol boat from the
Falklands chased a
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
During the 1950s, the
The Bartlett Act, passed in 1964, prohibited foreign
fishing in
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
The Coast Guard also enforces the Lacey Act, which
makes it unlawful for any person subject to the jurisdiction of the
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
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
· The western Pacific
around
· 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.
Enforcement of the United Nations Moratorium on
High Seas Drift Nets
The Coast Guard monitors a number of international
agreements, treaties and conventions, including the UN moratorium on High
Seas Drift Net Fishing. This indiscriminate fishing method uses large-scale
drift nets, sometimes more than 25 miles in length. The nets have been
banned on the high seas since 1991. Before 1991, there were as many as 1,400
vessels engaged in this type of destructive fishing in the northern
Despite the moratorium and international compliance,
there are still attempts to break the law by vessels generally operating
beyond control of any flag-state authority.
The most recent case involving a high seas drift net
vessel occurred in July 1997. A Canadian aircraft spotted the vessel Cao
Yu 6025 fishing 1,100 miles northwest of
Regional Fisheries Summary
The
In the Northeast, traditional stocks of cod, flounder
and haddock are dangerously low, estimated to be at only 10 percent of their
historic levels. To complicate the situation, cod and haddock are
slow-growing species, requiring five to seven years to reach maturity.
Currently 20 percent, or 6,600 square miles, of traditional fishing grounds
are closed, and larger net mesh sizes have been implemented to decrease
catch ofjuvenile fish. The Coast Guard monitors an estimated 25,000 fishing
vessels in the Northeast and Mid-Atlantic, keeping them out of closed areas,
and inspecting gear.
The Mid-Atlantic area is experiencing increasing
numbers of fishers due to the migration of commercial fishing boats from the
The Coast Guard also enforces regulations on Atlantic
Bluefin Tuna as required by the International Convention for the
Conservation of Atlantic Tunas, which impacts both commercial and
recreational fishing fleets.
In the South Atlantic and the
The Gulf shrimp harvest is $300 million annually, and
the Coast Guard must monitor more than 36,000 boats. To effectively ensure
compliance, multiple boardings are sometimes required. As in all law
enforcement situations, the pressure to catch the few who break the law can
cause frustration for the vast majority of law-abiding fishers.
Pacific Northwest-Alaska
The state of
In
Western Pacific
The Western Pacific region encompasses a huge area
with significant international competition for the valuable tuna resources
in the area. Major competitors include
With its great distance from the mainland, it’s easy
to ignore issues that are specific to the region. Most Americans are unaware
that the top fishing port in the
The Western Pacific EEZ covers approximately 1.5
million square miles, representing nearly half the total U.S. FEZ. The total
operating area for the Coast Guard in the region is 3 million square miles.
There are very few deepwater ports, so cutter and aircraft on-scene time is
seriously impacted by transit time to patrol areas. With the rising number
of foreign fishing vessels and the large area, the Coast Guard anticipates a
growing threat requiring more assets and improving technology to meet
demand.
The
Wildlife Service has prosecuted 15 Lacey Act felonies
with 26 indictments pending in federal court.
Marine Mammal and Endangered Species Protection
The Coast Guard’s role in protecting marine mammals
goes back to the days of the Revenue Cutter Service, when the Coast Guard
began its first patrols of the new Alaskan territory in the 1860s. The first
marine mammal protection laws were enacted in 1868 with the Fur Seal
Protection Act. During the 1950s, the
Today, a number of laws are designed to protect marine
species. The principal laws are the Endangered Species Act and the Marine
Mammal Protection Act. Additionally, the Coast Guard shares responsibility
with state enforcement agencies for enforcing the Marine Protection,
Research and Sanctuaries Act, which established a number of marine
sanctuaries around the country.
Marine mammals protected under the MMPA include
whales, manatees, porpoises, dolphins, seals, sea lions, walrus, otters and
polar bears. NMFS is the lead federal agency in enforcing the act. As the
only
The Endangered Species Act identifies and protects
species in danger of extinction and prohibits the taking of, importation,
selling or possession of such species. The ESA includes mammals, fish,
plants, birds, amphibians, reptiles, mollusks, crustaceans and other
invertebrates. The act charges the Coast Guard, along with NMFS and the Fish
And Wildlife Service, with enforcement authority. One of the major
enforcement responsibilities for the Coast Guard is the requirement for
Turtle Excluder Devices. TEDs allow endangered sea turtles to escape
unharmed from trawl nets. Shrimp trawlers fishing in the Atlantic and
The Northern Right Whale
The right whale is the world’s most endangered
species of whale. At one time, more than 10,000 right whales lived in the
north Atlantic Ocean. Today, approximately 300 survive.
The right whale was hunted to the brink of extinction
by 19th century whalers. The whale got its name from the fact that whalers
considered this species the "right whale" to hunt because it swam
slowly, floated when it was killed and yielded large quantities of oil and
baleen. The right whale was first protected from hunting in 1935 by a
resolution adopted by the
The Coast Guard assists Right Whale Recovery
Implementation Teams and provides funding for the northeast and southeast
Early Warning Systems (EWS). The Coast Guard developed a training course for
lookouts and watchstander personnel in marine mammal identification. The
service educates the public through an outreach program as well as
participating in Take Reduction Team meetings. Working closely with other
agencies and organizations, the Coast Guard continues to identify steps to
further right whale protection.
Regional Fisheries Training Centers
In 1992, the Coast Guard conducted an in-depth study
on all aspects of fisheries law enforcement, including the training and
professional development of Coast Guard personnel conducting fisheries
enforcement. As a result, the Coast Guard established five Regional
Fisheries Training Centers. The centers teach Coast Guard boarding officers
fisheries regulations and knowledge of the industry they regulate. The five
centers are located in Kodiak, Alaska; Alameda Calif.; New Orleans, La.;
Charleston, S.C.; anti on Cape Cod, Mass.
Courses range from basic fisheries identification to
complex fisheries regulations. Instructors conduct both on-site training and
regularly’ deploy aboard cutters during patrols to reinforce classroom
lessons.
A key to their success is the involvement of the
commercial fishing industry’. Such interaction provides valuable insight
for boarding officers in understanding their customer’s perspectives.
Fishing Vessel Safety
According to the National Research Council, the
fishing industry is the most hazardous in the United States. Fatality rates
for commercial fishers are significantly higher than any other industries
The commercial fishing industry comprises about 50 percent of the employment
in the entire maritime industry. Of the 140,000 commercial vessels regulated
by the Coast Guard, more than 80 percent are fishing vessels.
To address and correct the unacceptable safety record
of the commercial fishing industry, Congress passed the Commercial Fishing
Industry Vessel Safety Act of 1988. In response, the Coast Guard developed
regulations that took effect in 1991. The regulations require vessels to
carry safety equipment, including lifesaving equipment, survival craft,
communications equipment, distress signals, Emergency Position Indicating
Radio Beacons, fire extinguishers, emergency alarms and bilge pumps. The new
regulations also developed guidelines for watertight integrity and
stability.
The act established a Commercial Fishing Industry
Vessel Advisory Committee made up of fishers, marine-safety and insurance
representatives and safety-equipment vendors. The committee meets annually
and provides the Coast Guard with recommendations on safety and equipment
items. The committee plays a part in the development of realistic
regulations. This has fostered greater industry acceptance of the
requirements. The core program is a no-cost, no-fault, voluntary dockside
safety examination program. Fishers can request a Coast Guard vessel
examination to ensure they have the proper types and quantities of safety
gear. This is non-adversarial, and the examinations are used as an
educational tool, as well as a means to encourage future compliance.
The voluntary exams are complemented by the Coast
Guard’s at-sea law enforcement program. Critical safety items are checked
at sea during fisheries law enforcement boardings. Citations are issued for
safety deficiencies, and, in more serious cases, vessels may be ordered back
to port. The Coast Guard’s success has been measured by the steady
reduction of commercial fishing deaths since 1992. The combination of
regulations, industry awareness and participation is helping make a
dangerous occupation safer.
The Future
Working closely with NMFS and other federal agencies,
the Coast Guard is responsible for enforcing the laws and international
treaties that protect our living marine resources. This is not an easy task.
It is growing more complex as the need for additional regulations to ensure
the sustainability of species at risk increases. The needs of the fishing
industry are important to consider, because of the significant number of
people whose livelihood depends on these resources.
The ramifications of improper management and
enforcement can be severe. Economic disaster from the collapse of a fishery
is a very real possibility. In the early 1990s, Canada shut down its
Newfoundland groundfish fishery to protect cod and haddock stocks on the
verge of collapse. In the process, 40,000 Canadians were put out of work. In
the U.S., effective management and enforcement efforts have resulted in the
recovery of Atlantic striped bass, herring and mackerel stocks on the East
Coast.
In the Bering Sea, pollock, which migrate between the
U.S. and Russian EEZs were nearly wiped out by international fisheries in
the "Donut Hole" area. The U.S/Russia-led Donut Hole fishing
moratorium, in effect since 1993, demonstrates the potential of
international cooperation in addressing fisheries problems.
The Coast Guard’s role in monitoring other
international treaties and resolutions will increase. In spite of the United
Nations moratorium against large-scale drift net fishing, there are those
who still try to use the method. The recent case of the CAO YU 6025
underscores the need for a continued presence on the high seas. This is
particularly true of the Western Pacific EEZs, which are rich in natural
resources and encompass a vast area. For the Coast Guard to provide an
adequate enforcement presence in such a large area, significant assets or
sensors are needed.
When ratified, the UN agreement on Straddling Stocks
and Highly Migratory Species will allow for non-flag state action against
foreign vessels operating in violation of regional international agreements.
A greater Coast Guard presence beyond that currently available will be
necessary to these developing regional management regimes.
Many nations look to the Coast Guard for leadership
and guidance in the enforcement of laws protecting marine resources. The
stakes are high and failure may be irreversible.
Accomplishing the daunting task of managing the
fisheries will require prudent regulation, industry support and the assets
to effectively enforce all laws.
The United States can anticipate increased enforcement responsibilities as the world’s fish stocks decline and more pressure is put on the Coast Guard to protect U.S. fisheries resources. To accomplish this, the Coast Guard will need to patrol millions of square miles of the EEZ and the high seas. This is a daunting challenge for an agency with a finite number of assets responsible for patrolling vast areas.