Federal Agency Programs in Living Aquatic Resources and Aquatic Habitat Protection

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Activities Related to Living Aquatic Resources. The Occupational Safety and Health Administration (OSHA) shares jurisdiction over job-related safety and health matters for personnel working in commercial fishing operations with the U.S. Coast Guard. The Coast Guard has extensive regulations dealing with fish processing vessels. OSHA's jurisdiction is primarily when fishing vessels enter port. OSHA activities have been minimal primarily because of the Coast Guard's jurisdiction. Under §4(b)(1) of the Occupational Safety and Health Act when another Federal agency exercises jurisdiction, OSHA is precluded from doing so. In addition, this Act does not apply to working conditions beyond three miles from the U.S. coast. Provisions of OSHA's General Industry Safety and Health Standards, Marine Terminal Standard, and Longshoring Standard are applicable to the fishing industry.

Statutory Authority. Occupational Safety and Health Act of 1970, as amended (29 U.S.C. 651 et seq.).

Ten-Year History of Budget and Personnel Levels. Not separately identified.

Five-Year History of Personnel by Civil Service Grade. Not separately identified.

National Policy or Goals Studies.: None

Interagency and State-Federal Coordination Mechanisms. None

Periodic or Annual Reports. None

DEPARTMENT OF STATE

Bureau of Oceans and International Environmental and Scientific Affairs

Activities Related to Living Aquatic Resources. The Bureau of Oceans and International Environmental and Scientific Affairs (OES) negotiates fishery agreements with other countries regarding fishing within the U.S. Exclusive Economic Zone (EEZ), issues permits to foreign vessels fishing in the U.S. EEZ, negotiates access for U.S. fishermen to the EEZs of other countries, represents the U.S. Government in international fishery commissions responsible for the conservation and management of fishery stocks of interest to the United States, oversees international sea turtle protection efforts, and acts as a non-voting member on Regional Fishery Management Councils.

Statutory Authority. Department of State Appropriations Authorization Act of 1973 (P.L. 93-126); Magnuson Fishery Conservation and Management Act of 1976, as amended (16 U.S.C. 1801 et seq.); and §609 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act of 1990 (P.L. 101-162).

Ten-Year History of Budget and Personnel Levels. Estimates include all positions under the OES Deputy Assistant Secretary for Oceans, plus 0.6 FTE covering three positions in the OES Executive Office. These figures do not include funds in the separate budget account for "International Fisheries Commissions."

Five-Year History of Personnel by Civil Service Grade. Data exist only for FY1995.

National Policy or Goals Studies. None

Interagency and State-Federal Coordination Mechanisms. Coordination occurs with NOM (DOC), the Coast Guard, and the Marine Mammal Commission. Coast Guard liaison is maintained through a Coast Guard officer working in the State Department. With DOC, a formal MOU governs procedures for the issuance of permits to foreign fishing vessels.

Periodic or Annual Reports.

a) Prepared delegation reports regarding U.S. participation in international organizations responsible for fishery matters such as multilateral fishery commissions, UN Food and Agriculture Organization, and the Organization for Economic Cooperation and Development. (Available from: Office of International Conferences, Department of State)

b) Periodic informal reports of current fishery activities. (Available from: Office of Marine Conservation, Department of State)

DEPARTMENT OF TRANSPORTATION

U.S. Coast Guard

Activities Related to Living Aquatic Resources. The U.S. Coast Guard (USCG) enforces the provisions of the Magnuson Fishery Conservation and Management Act (MFCMA), the Marine Mammal Protection Act (MMPA), the Endangered Species Act (ESA), and the Marine Protection, Research, and Sanctuaries Act (MPRSA) jointly with NMFS for fish harvesters in U.S. waters.

Statutory Authority. Magnuson Fishery Conservation and Management Act of 1976, as amended (16 U.S.C. 1801 et seq.).

Ten-Year History of Budget and Personnel Levels. Because of the multi-mission nature of the Coast Guard, few military or civilian personnel positions are dedicated solely to fishery law enforcement. Figures provided are estimates based on the percentage of total resources allocated to fishery law enforcement.

Five-Year History of Personnel by Civil Service Grade. Not separately identified.

National Policy or Goals Studies. Available from: Coast Guard, Congressional Affairs staff.

1993 Fisheries Enforcement Study and Implementation Plan.

Interagency and State-Federal Coordination Mechanisms. All fishery enforcement activities are coordinated closely with NMFS and the Department of State. The Coast Guard reviews proposed NMFS regulations. The Coast Guard provides input for State Department negotiation of fishery treaties and agreements as well as review of foreign fishing vessel permit applications. Coast Guard international enforcement incidents are coordinated with the State Department as required by Presidential Directive 27. An MOU between the Coast Guard and NMFS outlines joint responsibilities for fishery law enforcement. Various joint NMFS and Coast Guard MOUs with individual States and Territories provide for coordination of MFCMA enforcement in and adjacent to State waters.

Periodic or Annual Reports. A requirement for a semi-annual report to Congress on fishery compliance was deleted by amendment to the MFCMA in 1982.

DEPARTMENT OF THE TREASURY

Customs Service

Activities Related to Living Aquatic Resources. The Customs Service is responsible, along with the Coast Guard and DOC, for enforcing and administering Federal laws dealing with which vessels may legally fish within the U.S. Exclusive Economic Zone, enforcing prohibitions against the landing of fish or fish products in U.S. ports by foreign-flag vessels, enforcing restrictions against the use of non-coastwise-qualified vessels to transport fish and other merchandise between U.S. coastwise points (including territorial waters), enforcing requirements that U.S. fishing vessels must have a proper Certificate of Documentation, administering Customs laws with regard to the importation and restrictions on the importation of fish and fish products, and administering the Tariff Schedules of the U.S. (TSUS) and the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) effective January 1, 1989, with respect to duties on fishery imports.

Statutory Authority. 46 U.S.C. 12108 and 12101(a), 46 U.S.C. 251(a) 46 U.S.C. App. 883, 16 U.S.C. 1801 et seq., 19 U.S.C. 1484 et seq., 19 U.S.C. 1202 (Schedule 1, Parts 3 and 15A, TSUS), and HTSUSA, subchapter XV, U.S. Note 1, P.L. 100-418 (August 23, 1988).

Ten-Year History of Budget and Personnel Levels. Funding cannot be separately identified. No employees are in positions which directly relate to living aquatic resources -- fisheries is only one aspect among many responsibilities.

Five-Year History of Personnel by Civil Service Grade. No employees are in positions which directly relate to fisheries -- fisheries is only one aspect among many responsibilities.

National Policy or Goals Studies. Available from: Commercial Rulings Division, Office of Regulations and Rulings, U.S. Customs Service, Washington, DC 20229, with regard to administration of the TSUS and HTSUSA only; and International Trade Compliance Division, Office of Regulations and Rulings, U.S. Customs Service, Washington, DC 20229, for all of the rest of the responsibilities described above.

Rulings on the subjects within the responsibilities described above are prepared for field personnel or for representatives of the fishing industry on request (19 CFR part 177).

Interagency and State-Federal Coordination Mechanisms. Most coordination on fishery activities occurs with NMFS (NOAA, DOC). Coordination is conducted through meetings and memoranda.

Periodic or Annual Reports. None