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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