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42 Ocean & Coastal L. Memo 1 (1994)

handle is hein.journals/ocoaslme42 and id is 1 raw text is: Ocean and Coastal Law Memo Magnuson Fishery Conservation and Management Act: SCYonciress Debates Amendments As Deadlines Pproach for 1994 Reauthorization I. Introduction The Ocean and Coastal Law Center at the University of Oregon School of Law is in the process of completely revising its Federal Fisheries Management guidebook to the Magnuson Fishery Con- servation and Management Act (MFCMA). Currently, Congress is considering significant changes to the MFCMA, and it is our intention to not publish the new edition until the reauthorization pro- cess is complete and the new amendments can be incorpo- rated. The following update is intended to inform readers on the reauthorization process primarily by highlighting the key amendments to the Magnuson Act under consid- eration by Congress as of August 19, 1994. Although congressional staffers and fishery administrators remain optimistic that the reauthoriza- tion of the MFCMA will be completed before Congress's October adjournment, it is not clear that this goal will be achieved. Therefore, it is not possible at this time to state a specific publication date for the new guidebook. The new guidebook is being designed to serve as a guide to the MFCMA for all interest groups and their legal counsel. It will not be limited to an analysis of the MFCMA. Other changes in international and national law increasingly are affecting the domestic commercial fishing industry and its managers. The new guidebook will therefore briefly discuss the relationship of these laws to the MFCMA. These laws include (1) recent amendments to the Marine Mammal Protection Act (MMPA) and other laws; (2) the 1982 United Nations Con- vention on the Law of the Sea (UNCLOS), which the Clinton Administration is submitting to the Senate for advice and consent to ratification; (3) the General Agreement on Tariffs and Trade (GATT); and (4) recent MFCMA-related court decisions. Because of dra- matic changes in fisheries management in the United States 200-mile exclusive economic zone (EEZ), the new guidebook will shift its emphasis away from foreign fishing and joint ventures. The book will include more information on emerging fishery management tools, especially the increased use of various forms of limited entry, such as individual transferable quotas (ITQs). Our intention is to provide a comprehensive review of the MFCMA and other laws that affect commercial fishing in waters within United States jurisdiction, especially in the EEZ. We apologize for the delay in producing a new guidebook, but in the interest of publishing an up-to-date and useful guide it is the view of the editor that it would be best to await the results of the current reauthorization process. Since the Magnuson Act is currently being reauthorized, Distributed by: Oregon State University Extension * Sea Grant Program I4 1 Corvallis OR

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