• 수산해양기술연구
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• 제59권4호
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• pp.279-289
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• 2023

The United States enforces the seafood import regulations so-called the Marine Mammal Protection Act (MMPA), and by 2023, all exports of aquatic products and processed fish products by fisheries which have not obtained an "Comparability Finding" from the National Oceanic and Atmospheric Administration will be completely banned. Therefore, to respond to the US MMPA, it is critical to identify technologies and methods used in worldwide for reducing bycatch of marine mammals. In particular, marine mammals are frequently caught in five fisheries (trawl, gill net, trap, stow net and set net) in Korea, which is facing a great challenge. This study presented bycatch reduction methods by five fisheries, classified the methods by country, and suggested appropriate reduction methods which can be applied in Korea.

• 해양정책연구
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• 제33권2호
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• pp.1-23
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• 2018

The import control provision of US MSA (Magnuson-Stevens Fishery Conservation and Management Act) IUU fishing is similar to that of MMPA (The Marine Mammal Protection Act of 1972 as Amended) which caused US-Tuna(1991) case. This paper examines whether MSA's import control provision can be found to be inconsistent with WTO agreement. There is no doubt that MSA violates the Article XI:1 of the GATT 1994. The only remaining issue is whether US IUU fishing product measure is justified by the Article XX(g) and its Chapeau. However, Article XX(g) provides for a limited and conditional exception from obligations under other provisions. This paper concludes that the US MSA measure can not be justified under Article XX.