U.S. Fishery Management and the New Law of the Sea

Abstract

The coming into force for the United States and other nations of a law of the sea treaty may affect fishery management in the United States under the Fishery Conservation and Management Act (FCMA) in a number of different ways. This discussion examines some possible ways and focuses particularly upon possible incompatible provisions in terms of the objectives of fishery management, subsidiary standards for management, conservation and allocation measures, the species within United States authority, the allocation of fishery management authority between state and federal governments, transboundary stocks and high seas/fishery zone stocks, enforcement authority and activity, and lastly, the amendment of regulations adopted under the FCMA to conform to the LOS treaty.