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Law of the Sea: the International Seabed Authority - Its Status and U.S. Participation Therein
The 1982 U.N. Convention on the Law of the Sea, as amended by the 1994 Agreement Relating to the Implementation of Part XI of the U.N. Convention, entered into force, on November 16, 1994. That action initiated establishment of the International Seabed Authority (ISA), composed of all States parties to the Convention, to administer the seabed mining regime set forth in the Convention/Agreement
Acoustic Thermometry of Ocean Climate: Marine Mammal Issues
After global warming became a concern in the mid-1950s, researchers proposed measuring deep ocean temperatures to reveal any significant trends in core ocean warming. Acoustic thermometry can detect changes in ocean temperature by receiving low-frequency sounds transmitted across an ocean basin because the speed of sound is proportional to water temperature. Acoustic Thermometry of Ocean Climate, or ATOC, is an international program involving 11 institutions in seven nations. It is designed as a 30-month "proof-of-concept" project to provide data on possible global climate change, with funding provided by the U.S. Department of Defense. A debate has arisen over ATOC's impact on marine mammals versus the benefits of better global warming information derived from ATOC. This report dicusses the ATOC program and related concerns.
Agreements to Promote Fishery Conservation and Management in International Waters
Declining fish populations threaten an important food source. Natural catastrophes, pollution, habitat destruction, and overfishing contribute to the depletion of fish stocks. Overexploitation of fishery resources often occurs when management allows expanding and increasingly efficient fishing fleets to continue harvesting dwindling supplies. Although prevalent, overexploitation is not universal and its extent varies among areas, species, and fisheries. This report discusses the issue of overfishing and its possible consequences, as well as domestic and international efforts to combat overfishing.
Dolphin Protection and Tuna Seining
From its inception in 1972, one of the goals of the Marine Mammal Protection Act (MMPA) was to reduce the incidental mortality of dolphins in the ETP tuna fishery. Regulations promulgated under MMPA authority set standards for tuna seining and motivated technological improvements that reduced dolphin mortalities in this fishery -- by 1977, annual dolphin mortality by U.S. tuna seiners had declined to about 25,450 animals. Despite the extensive mortalities, no ETP dolphin population has been listed as endangered or threatened under the U.S. Endangered Species Act. However, two ETP dolphin stocks were listed as depleted under the MMPA.
Individual Transferable Quotas in Fishery Management
An individual transferable quota (ITQ) is an allocated privilege of landing a specified portion of the total annual fish catch in the form of quota shares. This differs from the traditional open-access approach to commercial fisheries. ITQs divide the total annual catch quota into smaller individual portions. ITQs are generally transferable, which means fishing vessel owners can sell their ITQ certificates or buy others' certificates or, in some cases, lease their quota shares depending on how much (or whether) they want to participate in the fishery. ITQs are not considered property, but a privilege to catch a share of the total allowable catch of fish or shellfish in a given year. The initial allocation criteria for ITQs are controversial decisions established by Regional Fishery Management Councils, usually based on the historical catch of vessels, to benefit current active fishing vessel owners.
Magnuson Fishery Conservation and Management Act Reauthorization
Historically, coastal states managed marine sport and commercial fisheries in nearshore waters, where most marine seafood was caught. However, as fishing techniques improved and offshore resources were discovered, more fishers ventured farther offshore.
Marine Mammal Protection Act Amendments of 1994
This report summarizes provisions of the Marine Mammal Protection Act Amendments of 1994 and outlines this Act's implementation schedule for use by Members of Congress and their staff.
Ocean Dumping Act: A Summary of the Law
The Marine Protection, Research and Sanctuaries Act has two basic aims: to regulate international ocean disposal of materials, into authorized related research. Permit and enforcement provisions of the law are often referred to as the Ocean Dumping Act. The basic provisions of the act have remained virtually unchanged since 1972, when it was enacted to establish a comprehensive waste management system to regulate disposal or dumping of all materials into marine waters that are within U.S. jurisdiction, although a number of new authorities have been added. This report represents a summary of the law, describing the essence of the statute.
Fish and Wildlife Service: Compensation to Local Governments
The Refuge Revenue Sharing Fund (RRSF) was enacted in response to the concern of local governments regarding losses to their tax base due to the presence of federally owned land under the jurisdiction of the Fish and Wildlife Service. This report outlines recent history of RRSF payment levels. It examines the RRSF and describes how the fund differs in its treatment of reserved and acquired lands under the jurisdiction of FWS. The report also examines the Payment in Lieu of Taxes (PILT) program in detail.
The Northern Right Whale
This report summarizes the fact that northern right whale is the most endangered among all the whale species. The National Marine Fisheries Service is taking extra measures to protect these whales from any negative human interactions.
Marine Dead Zones: Understanding the Problem
Very low levels of dissolved oxygen (hypoxia) in bottom-water "dead zones" are natural phenomena, but can be intensified by certain human activities. The largest hypoxic area affecting the United States is in the northern Gulf of Mexico near the mouth of the Mississippi River, but there are others as well.
Norwegian Commercial Whaling: Issues for Congress
On May 16, 1996, 23 Members of Congress sent a letter to President Clinton expressing their concern over Norway's announcement that it intended to permit its whalers to kill as many as 425 minke whales that year. The co-signers urged the President "to take decisive action to prevent Norway from resuming its illicit whale harvesting," including the possible use of economic sanctions. For its 1997 hunt, Norway has increased its quota to 580 animals.
Deep Seabed Mining: U.S. Interests and the U.N. Convention on the Law of the Sea
On July 29, 1994, the United States signed the Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982. This agreement substantially reforms the seabed mining provisions of the 1982 Convention, which the United States found objectionable. In signing the Agreement, President Clinton accepted provisional application of it which enables the United States to participate in the International Seabed Authority (ISA) and its organs and bodies. On November 16, 1994, the U.N. Law of the Sea Convention entered into force without accession by the United States.The treaty document was referred to the Senate Committee on Foreign Relations late in the 103d Congress and awaits committee action in the 104th Congress.
Commercial Fishing: Economic Aid and Capacity Reduction
Both experience and economic models show that, in the absence of enforceable access or catch restrictions, competition among commercial fishermen results in an expansion of fishing capacity, and resultant fishing effort, beyond the sustainable limits of the fish population being pursued. The spiral of increasing effort and diminishing returns (i.e., rent dissipation) has helped to fuel increases in fish prices that reduce benefits to consumers and processors; has shifted many fish populations toward smaller, younger fish that typically command lower prices; and in many cases has reduced yields far below achievable levels. Congress has considered several approaches to address concerns about overcapitalization and excess capacity in the fishing industry.
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