[JPRT, 111th Congress]
[From the U.S. Government Printing Office]
COMMITTEE ON FOREIGN AFFAIRS
COMMITTEE ON FOREIGN RELATIONS
=======================================================================
Legislation on
Foreign Relations
Through 2005
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
JOINT COMMITTEE PRINT
JUNE 2009
VOLUME IV
CURRENT LEGISLATION AND
RELATED EXECUTIVE ORDERS
U.S. House of Representatives
U.S. Senate
Legislation on Foreign Relations Through 2005--Volume IV
COMMITTEE ON FOREIGN AFFAIRS
COMMITTEE ON FOREIGN RELATIONS
=======================================================================
Legislation on
Foreign Relations
Through 2005
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
JUNE 2009
VOLUME IV
CURRENT LEGISLATION AND
RELATED EXECUTIVE ORDERS
U.S. House of Representatives
U.S. Senate
Printed for the use of the Committees on Foreign Affairs and Foreign
Relations of the House of Representatives and the Senate respectively
U.S. Government Printing Office
Washington : 2009
33-619 PS
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COMMITTEE ON FOREIGN AFFAIRS
HOWARD L. BERMAN, California, Chairman
GARY L. ACKERMAN, New York ILEANA ROS-LEHTINEN, Florida
ENI F.H. FALEOMAVAEGA, American CHRISTOPHER H. SMITH, New Jersey
Samoa DAN BURTON, Indiana
DONALD M. PAYNE, New Jersey ELTON GALLEGLY, California
BRAD SHERMAN, California DANA ROHRABACHER, California
ROBERT WEXLER, Florida DONALD A. MANZULLO, Illinois
ELIOT L. ENGEL, New York EDWARD R. ROYCE, California
BILL DELAHUNT, Massachusetts RON PAUL, Texas
GREGORY W. MEEKS, New York JEFF FLAKE, Arizona
DIANE E. WATSON, California MIKE PENCE, Indiana
RUSS CARNAHAN, Missouri JOE WILSON, South Carolina
ALBIO SIRES, New Jersey JOHN BOOZMAN, Arkansas
GERALD E. CONNOLLY, Virginia J. GRESHAM BARRETT, South Carolina
MICHAEL E. McMAHON, New York CONNIE MACK, Florida
JOHN S. TANNER, Tennessee JEFF FORTENBERRY, Nebraska
GENE GREEN, Texas MICHAEL T. McCAUL, Texas
LYNN WOOLSEY, California TED POE, Texas
SHEILA JACKSON LEE, Texas BOB INGLIS, South Carolina
BARBARA LEE, California GUS BILIRAKIS, Florida
SHELLEY BERKLEY, Nevada
JOSEPH CROWLEY, New York
MIKE ROSS, Arkansas
BRAD MILLER, North Carolina
DAVID SCOTT, Georgia
JIM COSTA, California
KEITH ELLISON, Minnesota
GABRIELLE GIFFORDS, Arizona
RON KLEIN, Florida
Richard J. Kessler, Staff Director
Yleem Poblete, Republican Staff Director
______
COMMITTEE ON FOREIGN RELATIONS
JOHN F. KERRY, Massachusetts, Chairman
CHRISTOPHER J. DODD, Connecticut RICHARD G. LUGAR, Indiana
RUSSELL D. FEINGOLD, Wisconsin Republican Leader designee
BARBARA BOXER, California BOB CORKER, Tennessee
ROBERT MENENDEZ, New Jersey JOHNNY ISAKSON, Georgia
BENJAMIN L. CARDIN, Maryland JAMES E. RISCH, Idaho
ROBERT P. CASEY, Jr., Pennsylvania JIM DeMINT, South Carolina
JIM WEBB, Virginia JOHN BARRASSO, Wyoming
JEANNE SHAHEEN, New Hampshire ROGER F. WICKER, Mississippi
EDWARD E. KAUFMAN, Delaware
KIRSTEN E. GILLIBRAND, New York
David McKean, Staff Director
Kenneth A. Myers, Jr., Republican Staff Director
______
(ii)
FOREWORD
----------
This volume of legislation and related material is part of
a five volume set of laws and related material frequently
referred to by the Committees on Foreign Affairs of the House
of Representatives and Foreign Relations of the Senate, amended
to date and annotated to show pertinent history or cross
references.
Volumes I (A and B), II (A and B), III and IV contain
legislation and related material and are republished with
amendments and additions on a regular basis. Volume V, which
contains treaties and related material, will be revised as
necessary.
We wish to express our appreciation to Larry Q. Nowels and
Dianne E. Rennack of the Foreign Affairs, Defense, and Trade
Division of the Congressional Research Service of the Library
of Congress and Suzanne Kayne of the U.S. Government Printing
Office who prepared volume IV of this year's compilation.
Howard L. Berman,
Chairman, Committee on Foreign Affairs.
John F. Kerry,
Chairman, Committee on Foreign Relations.
June 15, 2009.
(iii)
EXPLANATORY NOTE
----------
The body of statutory law set out in this volume was in
force, as amended, at the end of 2005.
This volume sets out ``session law'' as originally enacted
by Congress and published by the Archivist of the United States
as ``slip law'' and later in the series United States Statutes
at Large (as subsequently amended, if applicable). Amendments
are incorporated into the text and distinguished by a footnote.
Session law is organized in this series by subject matter in a
manner designed to meet the needs of the Congress.
Although laws enacted by Congress in the area of foreign
relations are also codified by the Law Revision Counsel of the
House of Representatives, typically in title 22 United States
Code, those codifications are not positive law and are not, in
most instances, the basis of further amendment by the Congress.
Cross references to the United States Code are included as
footnotes for the convenience of the reader.
All Executive orders and State Department delegations of
authority are codified and in force as of December 31, 2005.
Corrections may be sent to Matthew C. Weed at the Library
of Congress, Congressional Research Service, Washington, D.C.,
20540-7460, or by e-mail at mweed@crs.loc.gov.
(v)
ABBREVIATIONS
----------
Bevans...................................... Treaties and Other
International Agreements
of the United States of
America, 1776-1949,
compiled under the
direction of Charles I.
Bevans.
CFR......................................... Code of Federal
Regulations.
EAS......................................... Executive Agreement
Series.
F.R......................................... Federal Register.
LNTS........................................ League of Nations Treaty
Series.
I Malloy, II Malloy......................... Treaties, Conventions,
International Acts,
Protocols, and Agreements
Between the United States
of America and Other
Powers, 1776-1909,
compiled under the
direction of the United
States Senate by William
M. Malloy.
R.S......................................... Revised Statutes.
Stat........................................ United States Statutes at
Large.
TIAS........................................ Treaties and Other
International Acts
Series.
TS.......................................... Treaty Series.
UNTS........................................ United Nations Treaty
Series.
U.S.C....................................... United States Code.
UST......................................... United States Treaties and
Other International
Agreements.
(vi)
C O N T E N T S
----------
Page
FOREWORD......................................................... iii
EXPLANATORY NOTE................................................. v
ABBREVIATIONS.................................................... vii
K. LAW OF THE SEA AND SELECTED MARITIME LEGISLATION.............. 1
1. Law of the Sea............................................... 5
2. Marine Pollution............................................. 126
3. Tuna Conventions............................................. 160
4. Fisheries Act of 1995........................................ 209
5. Dolphins..................................................... 236
6. North Pacific Anadromous Stocks Act of 1992 (Public Law 102-
567) (partial text).......................................... 257
7. Driftnet Fishing............................................. 266
8. Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (Public Law 101-646) (partial text)..................... 280
9. Negotiation of International Agreements for the Conservation
of Sea Turtles (Public Law 101-162) (partial text)........... 282
10. Whales....................................................... 284
11. RMS Titanic Maritime Memorial Act of 1986 (Public Law 99-513) 292
12. Salmon....................................................... 295
13. Northern Boundary and Transboundary Rivers Restoration and
Enhancement Fund and Southern Boundary Restoration and
Enhancement Fund (Public Law 106-113) (partial text)......... 310
14. Antarctic Marine Living Resources Convention Act of 1984
(Title III of Public Law 98-623)............................. 314
15. American Fisheries Promotion Act (Public Law 95-561)......... 325
16. Endangered Species Act of 1973, as amended (Public Law 93-
205) (partial text).......................................... 327
17. Marine Mammal Protection Act of 1972, as amended (Public Law
92-522) (partial text)....................................... 347
18. Fishermen's Protective Act of 1967, as amended (Public Law
83-680)...................................................... 374
L. ENERGY, NATURAL RESOURCES, AND ENVIRONMENT.................... 390
1. Energy Policy Act of 2005 (Public Law 109-58) (partial text). 393
2. Energy Policy Act of 1992 (Public Law 102-486) (partial text) 401
3. Energy Emergency Preparedness Act of 1982 (Public Law 97-229) 435
4. Energy Policy and Conservation Act (Public Law 94-163)
(partial text)............................................... 438
5. Alaska National Interests Lands Conservation Act (Public Law
96-487) (partial text)....................................... 465
6. Negotiations With Canada Concerning the Alaska Pipeline
(Public Law 93-153) (partial text)........................... 467
7. Environment and Natural Resources............................ 469
M. AVIATION, SPACE, AND INTERNATIONAL SCIENTIFIC COOPERATION..... 684
1. Aviation Security............................................ 685
2. International Cooperation in Scientific Research............. 757
3. Arctic Research.............................................. 806
N. OTHER LEGISLATION............................................. 822
1. Provisions of Law Relating to Travel Outside the United
States....................................................... 825
2. Legislation Authorizing U.S. Participation in Parliamentary
Conferences.................................................. 831
3. International Claims Settlement Acts......................... 848
4. Compacts of Free Association Act and Related Legislation..... 926
5. Registration of Foreign Agents............................... 1161
6. Neutrality Act and Related Material.......................... 1180
7. National Security Act of 1947 (Public Law 80-253) (partial
text)........................................................ 1190
8. Intelligence Authorization Provisions........................ 1210
9. Reporting Requirements....................................... 1218
10. Logan Act--Private Correspondence With Foreign Governments
(Public Law 80-772).......................................... 1226
11. Resolution Establishing a Select Committee on Intelligence
(S. Res. 400) (partial text)................................. 1227
12. Permanent Select Committee on Intelligence (House Rule
XLVIII) (partial text)....................................... 1229
13. David L. Boren National Security Education Act of 1991
(Public Law 102-183) (partial text).......................... 1236
14. Inspector General Act of 1978, as amended (Public Law 95-452) 1251
15. Assignment of National Security and Emergency Preparedness
Telecommunications Functions (Executive Order 12472)......... 11264
16. National Security Emergency Preparedness Responsibilities
(Executive Order 12656) (partial text)....................... 1274
17. U.S. Government Opposition to the Practice of Torture (Public
Law 98-447).................................................. 1286
18. Commission on the Ukraine Famine Act (Public Law 99-180)
(partial text)............................................... 1288
19. Nazi War Crimes and Holocaust Assets......................... 1292
20. Japanese Imperial Government Disclosure Act of 2000 (Public
Law 106-567) (partial text).................................. 1309
21. To Locate and Secure the Return of Zachary Baumel (Public Law
106-89)...................................................... 1313
22. Taiwan's Participation in the World Health Organization...... 1315
23. Czech Republic Memorial Honoring Tomas G. Masaryk (Public Law
107-61)...................................................... 1321
24. Investigation of Those Missing From Cyprus Since 1974 (Public
Law 103-372)................................................. 1322
25. Proclamations................................................ 1323
APPENDICES....................................................... 1329
INDEX............................................................ 1375
=======================================================================
K. LAW OF THE SEA AND SELECTED MARITIME LEGISLATION
CONTENTS
Page
1. Law of the Sea............................................... 5
a. Magnuson-Stevens Fishery Conservation and Management
Act, as amended (Public Law 94-265) (partial text)..... 5
b. Marine Turtle Conservation Act of 2004 (Public Law 108-
266)................................................... 47
c. Shark Finning Prohibition Act (Public Law 106-557)...... 53
d. Yukon River Salmon Act (Public Law 106-450) (partial
text).................................................. 56
e. Sustainable Fisheries Act (Public Law 104-297) (partial
text).................................................. 61
f. Fishery Conservation Amendments of 1990 (Public Law 101-
627) (partial text).................................... 63
g. Fishery Conservation Zone Transition Act, as amended
(Public Law 95-6) (partial text)....................... 66
h. Deep Seabed Hard Mineral Resources Act (Public Law 96-
283)................................................... 72
i. Establishment of Exclusive Economic Zone of the United
States (Proclamation 5030)............................. 108
j. Establishment of Territorial Sea of the United States
(Proclamation 5928).................................... 110
k. Establishment of Contiguous Zone of the United States
(Proclamation 7219).................................... 111
l. Governing International Fishery Agreements.............. 113
(1) Governing International Fisheries Agreement with
Poland (Public Law 105-384) (partial text)....... 113
(2) Governing International Fisheries Agreement with
Russian Federation (Public Law 103-206) (partial
text)............................................ 114
(3) Governing International Fishery Agreement with
Estonia (Public Law 102-587) (partial text)...... 116
(4) Governing International Fishery Agreement with
Japan (Public Law 101-224) (partial text)........ 117
(5) Governing International Fishery Agreement with
the Soviet Union (Public Law 100-629) (partial
text)............................................ 118
(6) Governing International Fishery Agreement with
the German Democratic Republic (Public Law 100-
350)............................................. 120
(7) Governing International Fishery Agreement With
Japan Concerning Fisheries Off the Coasts of the
United States (Public Law 100-220) (partial text) 121
(8) Governing International Fishery Agreement With
South Korea (Public Law 100-66) (partial text)... 122
(9) Governing International Fishery Agreement with
Iceland and the European Economic Community
(Title I of Public Law 98-623)................... 123
(10) Governing International Fishery Agreements with
Japan and Spain (Title IV of Public Law 97-389).. 124
(11) Governing International Fishery Agreement With
Portugal (Public Law 96-561) (partial text)...... 125
2. Marine Pollution............................................. 126
a. Oil Pollution Act of 1990 (Public Law 101-380) (partial
text).................................................. 126
b. Act to Prevent Pollution from Ships (Public Law 96-478). 128
c. Deepwater Port Act of 1974 (Public Law 93-627) (partial
text).................................................. 144
d. Intervention on the High Seas Act (Public Law 93-248)... 152
e. Coral Reef Protection (Executive Order 13089)........... 157
3. Tuna Conventions............................................. 160
a. Tuna Conventions Act of 1950, as amended (Public Law 81-
764)................................................... 160
b. Pacific Albacore Tuna Treaty (Public Law 108-219)....... 170
c. South Pacific Tuna Act of 1988 (Public Law 100-330)..... 172
d. Eastern Pacific Ocean Tuna Licensing Act of 1984 (Public
Law 98-445)............................................ 185
e. Atlantic Tunas Convention Act of 1975, Appropriation
Authorization (Public Law 96-339) (partial text)....... 190
f. Atlantic Tunas Convention Act of 1975, as amended
(Public Law 94-70)..................................... 194
4. Fisheries Act of 1995 (Public Law 104-43) (partial text)..... 209
5. Dolphins..................................................... 236
a. International Dolphin Conservation Program (Public Law
92-522) (partial text)................................. 236
b. International Dolphin Conservation Program Act (Public
Law 105-42) (partial text)............................. 248
c. International Dolphin Conservation Act of 1992 (Public
Law 102-523)........................................... 250
d. Dolphin Proection Consumer Information Act (Public Law
101-627) (partial text)................................ 251
6. North Pacific Anadromous Stocks Act of 1992 (Public Law 102-
567) (partial text).......................................... 257
7. Driftnet Fishing............................................. 266
a. High Seas Driftnet Fisheries Enforcement Act (Public Law
102-582) (partial text)................................ 266
b. Driftnet Impact Monitoring, Assessment, and Control
(Title IV Public Law 100-220).......................... 276
8. Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (Public Law 101-646) (partial text)..................... 280
9. Negotiation of International Agreements for the Conservation
of Sea Turtles (Public Law 101-162) (partial text)........... 282
10. Whales....................................................... 284
a. Wildlife Sanctuary for Humpback Whales (Public Law 99-
630)................................................... 284
b. Whaling Convention Act of 1949 (Public Law 81-676)...... 285
11. RMS Titanic Maritime Memorial Act of 1986 (Public Law 99-513)
(partial text)............................................... 292
12. Salmon....................................................... 295
a. Pacific Salmon Treaty Act of 1985 (Public Law 99-5)..... 295
b. Atlantic Salmon Convention Act of 1982 (Title III of
Public Law 97-389)..................................... 306
13. Northern Boundary and Transboundary Rivers Restoration and
Enhancement Fund and Southern Boundary Restoration and
Enhancement Fund (Public Law 106-113) (partial text)......... 310
14. Antarctic Marine Living Resources Convention Act of 1984
(Title III of Public Law 98-623)............................. 314
15. American Fisheries Promotion Act (Public Law 96-561) (partial
text)........................................................ 325
16. Endangered Species Act of 1973, as amended (Public Law 93-
205) (partial text).......................................... 327
17. Marine Mammal Protection Act of 1972, as amended (Public Law
92-522) (partial text)....................................... 347
18. Fishermen's Protective Act of 1967, as amended (Public Law
83-680)...................................................... 374
.................................................
.................................................
.................................................
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Note.--Conventions and agreements referred to by Acts in this section may be researched according to
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Law of the Sea
a. Magnuson-Stevens Fishery Conservation and Management Act, as amended
\1\
Partial Text of Public Law 94-265 [H.R. 200], 90 Stat. 331, approved
April 13, 1976; as amended by Public Law 95-6 [Fishery Conservation
Zone Transition Act; H.J. Res. 240], 91 Stat 14, approved February 1,
1977; Public Law 95-354 [H.R. 10732], 92 Stat. 519, approved August 28,
1978; Public Law 96-61 [S. 917], 93 Stat. 407, approved August 15,
1979; Public Law 96-118 [H.R. 2035], 93 Stat. 859, approved November
16, 1979; Public Law 96-470 [Congressional Reports Elimination Act of
1980; H.R. 6686], 94 Stat. 2237, approved October 19, 1980; Public Law
96-561 [American Fisheries Promotion Act; S. 2163], 94 Stat. 3275,
approved December 22, 1980; Public Law 97-191 [S. 2535], 96 Stat. 107,
approved June 1, 1982; Public Law 97-453 [H.R. 5002], 96 Stat. 2481,
approved January 12, 1983; Public Law 98-623 [H.R. 6342], 98 Stat. 3394
at 3408, approved November 8, 1984; Public Law 99-659 [S. 991]; 100
Stat. 3607, approved November 14, 1986; Public Law 100-239 [Commercial
Fishing Industry Vessel Anti-Reflagging Act of 1987; H.R. 2598]; 101
Stat. 1778, approved January 11, 1988; Public Law 101-627 [Fishery
Conservation Amendments of 1990; H.R. 2061], 104 Stat. 4436, approved
November 28, 1990; Public Law 102-251 [Flower Garden Banks National
Marine Sanctuary; H.R. 3866], 106 Stat. 60, approved March 9, 1992;
Public Law 103-237 [Foreign Relations Authorization Act, Fiscal Years
1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994;
Public Law 103-437 [U.S. Code Technical Amendments; H.R. 4777], 108
Stat. 4581, approved November 2, 1994; Public Law 104-208 [Department
of Commerce and Related Agencies Appropriations Act; title II of
section 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat.
3009, approved September 30, 1996; and Public Law 104-297 [Sustainable
Fisheries Act; S. 39], 110 Stat. 3559, approved October 11, 1996
AN ACT To provide for the conservation and management of the fisheries,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Magnuson-Stevens Fishery Conservation
and Management Act''.\1\
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1801 note. Sec. 238 of Public Law 96-561 changed the
name of this Act from the ``Fishery Conservation and Management Act of
1976'' to the ``Magnuson Fishery Conservation and Management Act of
1976'', effective January 6, 1981. Sec. 238 further stipulated that all
references to the Fishery Conservation and Management Act of 1976 shall
be redesignated as references to the Magnuson Fishery Conservation and
Management Act of 1976.
Sec. 211(a) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), subsequently amended sec. 1 to change the
name from ``Magnuson'' to ``Magnuson-Stevens'', and struck out ``of
1976'' following ``Act''. Sec. 211(b) of that Act provided that:
``Effective 15 days after the enactment of the Sustainable Fisheries
Act [enacted October 11, 1996], all references to the Magnuson Fishery
Conservation and Management Act shall be redesignated as references to
the Magnuson-Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
TABLE OF CONTENTS
Sec. 2. Findings, purposes, and policy.
Sec. 3. Definitions.
TITLE I--UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY
RESOURCES
Sec. 101. United States sovereign rights to fish and fishery management
authority.
Sec. 102. Highly migratory species.\2\
Sec. 103. Highly migratory species.
Sec. 104. Effective date.
TITLE II--FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS
Sec. 201. Foreign fishing.
Sec. 202. International fishery agreements.
Sec. 203. Congressional oversight of governing international fishery
agreements.
Sec. 204. Permits for foreign fishing.
Sec. 205. Import prohibitions.
Sec. 206. Large-scale driftnet fishing.\3\
TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM
* * * * * * *
TITLE IV--FISHERY MONITORING AND RESEARCH
* * * * * * *
SEC. 2.\4\ FINDINGS, PURPOSES AND POLICY.
(a) Findings.--The Congress finds and declares the
following:
---------------------------------------------------------------------------
\2\ Effective January 1, 1992, pursuant to sec. 103(b) and (c) of
the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104
Stat. 4439), the title for sec. 102 became ``Highly migratory
species''.
\3\ Sec. 107(b) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4444) struck out ``Transitional
provisions'' and inserted in lieu thereof ``Large-scale driftnet
fishing''.
\4\ 16 U.S.C. 1801.
---------------------------------------------------------------------------
(1) The fish off the coasts of the United States, the
highly migratory species of the high seas, the species
which dwell on or in the Continental Shelf appertaining
to the United States, and the anadromous species which
spawn in United States rivers or estuaries, constitute
valuable and renewable natural resources. These fishery
resources contribute to the food supply, economy, and
health of the Nation and provide recreational
opportunities.
(2) \5\ Certain stocks of fish have declined to the
point where their survival is threatened, and other
stocks of fish have been so substantially reduced in
number that they could become similarly threatened as a
consequence of (A) increased fishing pressure, (B) the
inadequacy of fishery resource conservation and
management practices and controls, or (C) direct and
indirect habitat losses which have resulted in a
diminished capacity to support existing fishing levels.
---------------------------------------------------------------------------
\5\ Sec. 101(1) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) amended and restated para. (2), which formerly
read as follows:
``(2) As a consequence of increased fishing pressure and because of
the inadequacy of fishery conservation and management practices and
controls (A) certain stocks of such fish have been overfished to the
point where their survival is threatened, and (B) other such stocks
have been so substantially reduced in number that they could become
similarly threatened.''.
---------------------------------------------------------------------------
(3) Commercial and recreational fishing constitutes a
major source of employment and contributes
significantly to the economy of the Nation. Many
coastal areas are dependent upon fishing and related
activities, and their economies have been badly damaged
by the overfishing of fishery resources at an ever-
increasing rate over the past decade. The activities of
massive foreign fishing fleets in waters adjacent to
such coastal areas have contributed to such damage,
interfered with domestic fishing efforts, and caused
destruction of the fishing gear of United States
fishermen.
(4) International fishery agreements have not been
effective in preventing or terminating the overfishing
of these valuable fishery resources. There is danger
that irreversible effects from overfishing will take
place before an effective international agreement on
fishery management jurisdiction can be negotiated,
signed, ratified, and implemented.
(5) Fishery resources are finite but renewable. If
placed under sound management before overfishing has
caused irreversible effects, the fisheries can be
conserved and maintained so as to provide optimum
yields on a continuing basis.
(6) A national program for the conservation and
management of the fishery resources of the United
States is necessary to prevent overfishing, to rebuild
overfished stocks, to insure conservation, to
facilitate long-term protection of essential fish
habitats,\6\ and to realize the full potential of the
Nation's fishery resources.
---------------------------------------------------------------------------
\6\ Sec. 101(2) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) inserted ``to facilitate long-term protection of
essential fish habitats,'' after ``conservation,''.
---------------------------------------------------------------------------
(7) A national program for the development of
fisheries which are underutilized or not utilized by
United States fishermen,\7\ including bottom fish off
Alaska, is necessary to assure that our citizens
benefit from the employment, food supply, and revenue
which could be generated thereby.
---------------------------------------------------------------------------
\7\ Sec. 2(a) of Public Law 95-354 (92 Stat. 519) struck out
``United States fishing industry'' and inserted in lieu thereof
``United States fishermen''.
---------------------------------------------------------------------------
(8) \8\ The collection of reliable data is essential
to the effective conservation, management, and
scientific understanding of the fishery resources of
the United States.
---------------------------------------------------------------------------
\8\ Sec. 101(a) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4437) added para. (8).
---------------------------------------------------------------------------
(9) \9\ One of the greatest long-term threats to the
viability `(9) One of the greatest long-term threats to
the viability of commercial and recreational fisheries
is the continuing loss of marine, estuarine, and other
aquatic habitats. Habitat considerations should receive
increased attention for the conservation and management
of fishery resources of the United States.
---------------------------------------------------------------------------
\9\ Sec. 101(3) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) added paras. (9) and (10).
---------------------------------------------------------------------------
(10) \9\ Pacific Insular Areas contain unique
historical, cultural, legal, political, and
geographical circumstances which make fisheries
resources important in sustaining their economic
growth.
(b) Purposes.--It is therefore declared to be the purposes
of the Congress in this Act--
(1) \10\ to take immediate action to conserve and
manage the fishery resources found off the coasts of
the United States, and the anadromous species and
Continental Shelf fishery resources of the United
States, by exercising (A) sovereign rights for the
purposes of exploring, exploiting, conserving, and
managing all fish,\11\ within the exclusive economic
zone established by Presidential Proclamation 5030,
dated March 10, 1983, and (B) exclusive fishery
management authority beyond the exclusive economic zone
over such anadromous species and Continental Shelf
fishery resources, and fishery resources in the special
areas; \12\
---------------------------------------------------------------------------
\10\ Sec. 101(c)(1) of Public Law 99-659 (100 Stat. 3707) amended
and restated para. (1).
\11\ Sec. 101(b)(1) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4437) struck out ``except highly
migratory species''.
\12\ Sec. 301(a) of Public Law 102-251 (106 Stat. 62) inserted ``,
and fishery resources in the special areas'' before the semicolon.
---------------------------------------------------------------------------
(2) to support and encourage the implementation and
enforcement of international fishery agreements for the
conservation and management of highly migratory
species, and to encourage the negotiation and
implementation of additional such agreements as
necessary;
(3) to promote domestic commercial and recreational
fishing under sound conservation and management
principles, including the promotion of catch and
release programs in recreational fishing; \13\
---------------------------------------------------------------------------
\13\ Sec. 101(4) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) struck out ``principles;'' and inserted in lieu
thereof ``principles, including the promotion of catch and release
programs in recreational fishing;''.
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(4) to provide for the preparation and
implementation, in accordance with national standards,
of fishery management plans which will achieve and
maintain, on a continuing basis, the optimum yield from
each fishery;
(5) to establish Regional Fishery Management Councils
to exercise sound judgment in the stewardship of
fishery resources through the preparation, monitoring,
and revision of \14\ such plans under circumstances (A)
which will enable the States, the fishing industry,
consumer and environmental organizations, and other
interested persons to participate in, and advise on,
the establishment and administration of such plans, and
(B) which take into account the social and economic
needs of the States; \15\
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\14\ Sec. 101(b)(2) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4437) struck out ``prepare, monitor, and
revise'' and inserted in lieu thereof ``exercise sound judgment in the
stewardship of fishery resources through the preparation, monitoring,
and revision of''.
\15\ Sec. 101(5) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) struck out ``and'' after the semicolon at the end
of subsec. (b)(5).
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(6) to encourage the development by the United States
fishing industry \16\ of fisheries which are currently
underutilized or not utilized by United States
fishermen, including bottom fish off Alaska, and to
that end, to ensure that optimum yield determinations
promote such development in a non-wasteful manner; and
\17\
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\16\ Sec. 2(b) of Public Law 95-354 (92 Stat. 519) added ``by the
United States fishing industry''.
\17\ Sec. 233 of Public Law 96-561 added ``, and to that end, to
ensure that optimum yield determinations promote such development''.
Sec. 101(6) of the Sustainable Fisheries Act (Public Law 104-297; 110
Stat. 3560) struck out ``development.'' and inserted in lieu thereof
``development in a non-wasteful manner; and''.
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(7) \18\ to promote the protection of essential fish
habitat in the review of projects conducted under
Federal permits, licenses, or other authorities that
affect or have the potential to affect such habitat.
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\18\ Sec. 101(7) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) added para. (7).
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(c) Policy.--It is further declared to be the policy of the
Congress in this Act--
(1) to maintain without change the existing
territorial or other ocean jurisdiction of the United
States for all purposes other than the conservation and
management of fishery resources, as provided for in
this Act;
(2) to authorize no impediment to, or interference
with, recognized legitimate uses of the high seas,
except as necessary for the conservation and management
of fishery resources, as provided for in this Act;
(3) to assure that the national fishery conservation
and management program utilizes, and is based upon, the
best scientific information available; involves, and is
responsive to the needs of interested and affected
States and citizens; considers \19\ efficiency; draws
upon Federal, State, and academic capabilities in
carrying out research, administration, management, and
enforcement; considers the effects of fishing on
immature fish and encourages development of practical
measures that minimize bycatch and \20\ avoid
unnecessary waste of fish; \21\ and is workable and
effective;
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\19\ Sec. 101(8)(A) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3560) struck out ``promotes'' and inserted in lieu
thereof ``considers''.
\20\ Sec. 101(8)(B) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3560) inserted ``minimize bycatch and'' after
``practical measures that''.
\21\ Sec. 101(c)(1) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4437) inserted text beginning with
``considers the effects of fishing''.
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(4) to permit foreign fishing consistent with the
provisions of this Act; \22\
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\22\ Sec. 101(c)(2) through (4) of the Fishery Conservation
Amendments of 1990 (Public Law 101-627; 104 Stat. 4437) struck out
``and'' at the end of para. (4); struck out the period at the end of
para. (5), and inserted text beginning with ``, and to secure
agreements''; and added a new para. (6).
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(5) \23\ to support and encourage active United
States efforts to obtain internationally acceptable
agreements which provide for effective conservation and
management of fishery resources, and to secure
agreements to regulate fishing by vessels or person
beyond the exclusive economic zones of any nation;
\22\, \24\
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\23\ Sec. 101(c)(1) of Public Law 99-659 (100 Stat. 3707) amended
and restated para. (5).
\24\ Sec. 101 of the Sustainable Fisheries Act (Public Law 104-297;
110 Stat. 3560) struck out ``and'' at the end of para. (5), struck out
a period at the end of para. (6) and inserted instead ``; and'' and
added a new para. (7).
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(6) \22\ to foster and maintain the diversity of
fisheries in the United States; and \24\
(7) \24\ to ensure that the fishery resources
adjacent to a Pacific Insular Area, including resident
or migratory stocks within the exclusive economic zone
adjacent to such areas, be explored, developed,
conserved, and managed for the benefit of the people of
such area and of the United States.
SEC. 3.\25\ DEFINITIONS.
As used in this Act, unless the context otherwise
requires--
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\25\ 16 U.S.C. 1802. Paragraph designations in sec. 3 have been
repeatedly reassigned as new paras. were added. Footnotes to this
section provide only substantive amendment history.
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(1) The term ``anadromous species'' means species of
fish which spawn in fresh or estuarine waters of the
United States and which migrate to ocean waters.
(2) \26\ The term ``bycatch'' means fish which are
harvested in a fishery, but which are not sold or kept
for personal use, and includes economic discards and
regulatory discards. Such term does not include fish
released alive under a recreational catch and release
fishery management program.
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\26\ Sec. 102(1) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3561) added new paras. (2) through (4) and redesignated
subsequent paras.
---------------------------------------------------------------------------
(3) \26\ The term ``charter fishing'' means fishing
from a vessel carrying a passenger for hire (as defined
in section 2101(21a) of title 46, United States Code)
who is engaged in recreational fishing.
(4) \26\ The term ``commercial fishing'' means
fishing in which the fish harvested, either in whole or
in part, are intended to enter commerce or enter
commerce through sale, barter or trade.
(5) The term ``conservation and management'' refers
to all of the rules, regulations, conditions, methods,
and other measures (A) which are required to rebuild,
restore, or maintain, and which are useful in
rebuilding, restoring, or maintaining, any fishery
resource and the marine environment; and (B) which are
designed to assure that--
(i) a supply of food and other products may
be taken, and that recreational benefits may be
obtained, on a continuing basis;
(ii) irreversible or long-term adverse
effects on fishery resources and the marine
environment are avoided; and
(iii) there will be a multiplicity of options
available with respect to future uses of these
resources.
(6) The term ``Continental Shelf'' means the seabed
and subsoil of the submarine areas adjacent to the
coast, but outside the area of the territorial sea, of
the United States, to a depth of 200 meters or, beyond
that limit, to where the depth of the superjacent
waters admits of the exploitation of the natural
resources of such areas.
(7) The term ``Continental Shelf fishery resources''
means the following:
Cnidaria \27\
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\27\ Para. (7), as redesignated from para. (4) by sec. 102(1) of
the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3561) was
further amended by sec. 102(2) of that Act, by striking
``Coelenterata'' from the heading of the list of corals and inserting
in lieu thereof ``Cnidaria'', and by striking ``Deep-sea Red Crab--
Geryon quinquedens'' and inserting in lieu thereof ``Deep-sea Red
Crab--Chaceon quinquedens'' from the list of crustacea.
---------------------------------------------------------------------------
Bamboo Coral--Acanella spp.;
Black Coral--Antipathes spp.;
Gold Coral--Callogorgia spp.;
Precious Red Coral--Corallium spp.;
Bamboo Coral--Keratoisis spp.; and
Gold Coral--Parazoanthus spp.
Crustacea
Tanner Crab--Chionoecetes tanneri;
Tanner Crab--Chionoecetes opilio;
Tanner Crab--Chionoecetes angulatus;
Tanner Crab--Chionoecetes bairdi;
King Crab--Paralithodes camtschatica;
King Crab--Paralithodes platypus;
King Crab--Paralithodes brevipes;
Lobster--Homarus americanus;
Dungeness Crab--Cancer magister;
California King Crab--Paralithodes
californiensis;
California King Crab--Paralithodes rathbuni;
Golden King Crab--Lithodes aequispinus;
Northern Stone Crab--Lithodes maja;
Stone Crab--Menippe mercenaria; and
Deep-sea Red Crab--Chaceon quinquedens.\27\
Mollusks
Red Abalone--Haliotis rufescens;
Pink Abalone--Haliotis corrugata;
Japanese Abalone--Haliotis kamtschatkana;
Queen Conch--Strombus gigas;
Surf Clam--Spisula solidissima; and
Ocean Quahog--Arctica islandica.
Sponges
Glove Sponge--Spongia cheiris; \28\
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\28\ Sec. 112(2) of Public Law 99-659 (100 Stat. 3715) struck out
``Hippiospongia canaliculata'' and inserted in lieu thereof ``Glove
Sponge--Spongia cheiris''.
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Sheepswool Sponge--Hippiospongia lachne;
Grass Sponge--Spongia graminea; and
Yellow Sponge--Spongia barbera.
If the Secretary determines, after consultation with
the Secretary of State, that living organisms of any
other sedentary species are at the harvestable stage,
either--
(A) immobile on or under the seabed, or
(B) unable to move except in constant
physical contact with the seabed or subsoil,
of the Continental Shelf which appertains to the United
States, and publishes notice of such determination in
the Federal Register, such sedentary species shall be
considered to be added to the foregoing list and
included in such term for purposes of this Act.
(8) The term ``Council'' means any Regional Fishery
Management Council established under section 302.
(9) \29\ The term ``economic discards'' means fish
which are the target of a fishery, but which are not
retained because they are of an undesirable size, sex,
or quality, or for other economic reasons.
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\29\ Sec. 102(3) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3561) added paras. (9) and (10), and redesignated
subsequent paras.
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(10) \29\ The term ``essential fish habitat'' means
those waters and substrate necessary to fish for
spawning, breeding, feeding or growth to maturity.
(11) \30\ The term ``exclusive economic zone'' means
the zone established by Proclamation Numbered 5030,
dated March 10, 1983. For purposes of applying this
Act, the inner boundary of that zone is a line
coterminous with the seaward boundary of each of the
coastal States.
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\30\ Sec. 101(a) of Public Law 99-659 (100 Stat. 3706) added para.
(11) as para. (6). Sec. 101(a) also renumbered former paras. (6) and
(7) as (7) and (8) and struck out former para. (8) which had defined
the term ``fishery conservation zone''.
Sec. 101(c)(2) of that Act replaced the term ``fishery conservation
zone'' with the term ``exclusive economic zone'' each time it appeared
in the Act.
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(12) The term ``fish'' means finfish, mollusks,
crustaceans, and all other forms of marine animal and
plant life other than marine mammals and birds.\31\
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\31\ Sec. 102(a)(2) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4438) struck out ``, birds and highly
migratory species'' and inserted in lieu thereof ``and birds''.
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(13) The term ``fishery'' means--
(A) one or more stocks of fish which can be
treated as a unit for purposes of conservation
and management and which are identified on the
basis of geographical, scientific, technical,
recreational, and economic characteristics; and
(B) any fishing for such stocks.
(14) The term ``fishery resource'' means any fishery,
any stock of fish, any species of fish, and any habitat
of fish.
(15) The term ``fishing'' means--
(A) The catching, taking, or harvesting of
fish;
(B) The attempted catching, taking, or
harvesting of fish;
(C) any other activity which can reasonably
be expected to result in the catching, taking,
or harvesting of fish; or
(D) any operations at sea in support of, or
in preparation for, any activity described in
subparagraphs (A) through (C).
Such term does not include any scientific research
activity which is conducted by a scientific research
vessel.
(16) \32\ The term ``fishing community'' means a
community which is substantially dependent on or
substantially engaged in the harvest or processing of
fishery resources to meet social and economic needs,
and includes fishing vessel owners, operators, and crew
and United States fish processors that are based in
such community.
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\32\ Sec. 102(4) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3561) added a new para. (16) and redesignated subsequent
paras.
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(17) The term ``fishing vessel'' means any vessel,
boat, ship, or other craft which is used for, equipped
to be used for, or of a type which is normally used
for--
(A) fishing; or
(B) aiding or assisting one or more vessels
at sea in the performance of any activity
relating to fishing, including, but not limited
to, preparation, supply, storage,
refrigeration, transportation, or processing.
(18) The term ``foreign fishing'' means fishing by a
vessel other than a vessel of the United States.
(19) The term ``high seas'' means all waters beyond
the territorial sea of the United States and beyond any
foreign nation's territorial sea, to the extent that
such sea is recognized by the United States.
(20) \33\ The term ``highly migratory species'' means
tuna species, marlin (Tetrapturus spp. and Makaira
spp.), oceanic sharks, sailfishes (Istiophorus spp.),
and swordfish (Xiphias gladius).
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\33\ Sec. 102(a)(3) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4438) amended and restated para. (14),
since redesignated as para. (20). It formerly defined ``highly
migratory species'' as ``species of tuna which in the course of their
life cycle, spawn and migrate over great distances in waters of the
ocean.''.
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(21) \34\ The term ``individual fishing quota'' means
a Federal permit under a limited access system to
harvest a quantity of fish, expressed by a unit or
units representing a percentage of the total allowable
catch of a fishery that may be received or held for
exclusive use by a person. Such term does not include
community development quotas as described in section
305(i).
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\34\ Sec. 102(5) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3562) added a new para. (21) and redesignated subsequent
paras.
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(22) The term ``international fishery agreement''
means any bilateral or multilateral treaty, convention,
or agreement which relates to fishing and to which the
United States is a party.
(23) \35\ The term ``large-scale driftnet fishing''
means a method of fishing in which a gillnet composed
of a panel or panels of webbing, or a series of such
gillnets, with a total length of two and one-half
kilometers \36\ or more is placed in the water and
allowed to drift with the currents and winds for the
purpose of entangling fish in the webbing.
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\35\ Sec. 102(a)(4) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4438) added a new para. (16), since
redesignated as para. (23).
\36\ Sec. 102(6) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3562) struck out ``of one and one-half miles'' and
inserted in lieu thereof ``of two and one-half kilometers''.
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(24) The term ``Marine Fisheries Commission'' means
the Atlantic States Marine Fisheries Commission, the
Gulf States Marine Fisheries Commission, or the Pacific
Marine Fisheries Commission.
(25) \37\ The term ``migratory range'' means the
maximum area at a given time of the year within which
fish of an anadromous species or stock thereof can be
expected to be found, as determined on the basis of
scale pattern analysis, tagging studies, or other
reliable scientific information, except that the term
does not include any part of such area which is in the
waters of a foreign nation.
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\37\ Sec. 102(a)(5) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4438) added a new para. (18), since
redesignated as para. (25).
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(26) The term ``national standards'' means the
national standards for fishery conservation and
management set forth in section 301.
(27) \38\ The term ``observer'' means any person
required or authorized to be carried on a vessel for
conservation and management purposes by regulations or
permits under this Act.
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\38\ Sec. 102(a)(6) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4438) added a new para. (20), since
redesignated as para. (27).
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(28) \39\ The term ``optimum'', with respect to the
yield from a fishery, means the amount of fish which--
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\39\ Sec. 102(7) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3562) amended and restated para. (28), as redesignated.
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(A) will provide the greatest overall benefit
to the Nation, particularly with respect to
food production and recreational opportunities,
and taking into account the protection of
marine ecosystems;
(B) is prescribed on the basis of the maximum
sustainable yield from the fishery, as reduced
by any relevant social, economic, or ecological
factor; and
(C) in the case of an overfished fishery,
provides for rebuilding to a level consistent
with producing the maximum sustainable yield in
such fishery.
(29) \40\ The terms ``overfishing'' and
``overfished'' mean a rate or level of fishing
mortality that jeopardizes the capacity of a fishery to
produce the maximum sustainable yield on a continuing
basis.
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\40\ Sec. 102(8) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3562) added new paras. (29) and (30) and redesignated
subsequent paras.
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(30) \40\ The term ``Pacific Insular Area'' means
American Samoa, Guam, the Northern Mariana Islands,
Baker Island, Howland Island, Jarvis Island, Johnston
Atoll, Kingman Reef, Midway Island, Wake Island, or
Palmyra Atoll, as applicable, and includes all islands
and reefs appurtenant to such island, reef, or atoll.
(31) The term ``person'' means any individual
(whether or not a citizen or national of the United
States), any corporation, partnership, association, or
other entity (whether or not organized or existing
under the laws of any State), and any Federal, State,
local, or foreign government or any entity of any such
government.
(32) \41\ The term ``recreational fishing'' means
fishing for sport or pleasure.
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\41\ Sec. 102(9) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3562) added new paras. (32) and (33) and redesignated
subsequent paras.
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(33) \41\ The term ``regulatory discards'' means fish
harvested in a fishery which fishermen are required by
regulation to discard whenever caught, or are required
by regulation to retain but not sell.
(34) The term ``Secretary'' means the Secretary of
Commerce or his designee.
(35) The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, the Virgin Islands, Guam,
and any other Commonwealth, territory, or possession of
the United States.
(36) \42\ The term ``special areas'' means the areas
referred to as eastern special areas in Article 3(1) of
the Agreement between the United States of America and
the Union of Soviet Socialist Republics on the Maritime
Boundary, signed June 1, 1990. In particular, the term
refers to those areas east of the maritime boundary, as
defined in that Agreement, that lie within 200 nautical
miles of the baselines from which the breadth of the
territorial sea of Russia is measured but beyond 200
nautical miles of the baselines from which the breadth
of the territorial sea of the United States is
measured.
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\42\ Sec. 301(b) of Public Law 102-251 (106 Stat. 62) added para.
(36) to define ``special areas,'' effective on the date on which the
Agreement Between the United States and the Union of Soviet Socialist
Republics on the Maritime Boundary, signed June 1, 1990, entered into
force for the United States, with authority to prescribe implementing
regulations effective March 9, 1992, but with no such regulations
effective until the date on which the Agreement entered into force for
the United States.
Sec. 405(a) of the Sustainable Fisheries Act (Public Law 104-297;
110 Stat. 3621) provided that sec. 301(b) of Public Law 102-251 shall
take effect on the date of enactment of Public Law 104-297, which would
result in adding a paragraph to define ``special areas''. Sec. 102(10)
of that Act, however, separately added language similar to that
provided in Public Law 102-251 as para. (36), effective immediately,
and redesignated the following paras. appropriately.
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(37) The term ``stock of fish'' means a species,
subspecies, geographical grouping, or other category of
fish capable of management as a unit.
(38) The term ``treaty'' means any international
fishery agreement which is a treaty within the meaning
of section 2 of article II of the Constitution.
(39) \43\ The term ``tuna species'' means the
following:
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\43\ Sec. 102(a)(7) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4438) added para. (27), since
redesignated as para. (39).
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Albacore Tuna--Thunnus alalunga;
Bigeye Tuna--Thunnus obesus;
Bluefin Tuna--Thunnus thynnus;
Skipjack Tuna--Katsuwonus pelamis; and
Yellowfin Tuna--Thunnus albacares.
(40) The term ``United States'', when used in a
geographical context, means all the States thereof.
(41) \44\ The term ``United States fish processors''
means facilities located within the United States for,
and vessels of the United States used or equipped for,
the processing of fish for commercial use or
consumption.
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\44\ Sec. 3 of Public Law 95-354 (92 Stat. 519) added new paras.
(25) and (26), since redesignated as paras. (41) and (42).
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(42) \44\ The term ``United States harvested fish''
means fish caught, taken, or harvested by vessels of
the United States within any fishery regulated under
this Act.\45\
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\45\ Sec. 102(11) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3563) struck out ``for which a fishery management plan
prepared under title III or a preliminary fishery management plan
prepared under section 201(h) has been implemented'' and inserted in
lieu thereof ``regulated under this Act''.
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(43) \46\ The term ``vessel of the United States''
means--
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\46\ Sec. 15(a) of Public Law 97-453 (96 Stat. 2492) amended and
restated para. (43). Sec. 2 of Public Law 100-239 (101 Stat. 1778)
further amended and restated para. (43).
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(A) any vessel documented under chapter 121
of title 46, United States Code;
(B) any vessel numbered in accordance with
chapter 123 of title 46, United States Code,
and measuring less than 5 net tons;
(C) any vessel numbered in accordance with
chapter 123 of title 46, United States Code,
and used exclusively for pleasure; or
(D) any vessel not equipped with propulsion
machinery of any kind and used exclusively for
pleasure.
(44) \47\ The term ``vessel subject to the
jurisdiction of the United States'' has the same
meaning such term has in section 3(c) of the Maritime
Drug Law Enforcement Act (46 U.S.C. App. 1903(c)).
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\47\ Sec. 102(12) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3563) added a new para. (44) and redesignated para. (44)
as (45).
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(45) \48\ The term ``waters of a foreign nation''
means any part of the territorial sea or exclusive
economic zone (or the equivalent) of a foreign nation,
to the extent such territorial sea or exclusive
economic zone is recognized by the United States.
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\48\ Sec. 102(a)(8) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4438) added a new para. (32), since
redesignated as para. (45).
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SEC. 4.\49\ AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
for the purposes of carrying out the provisions of this Act,
not to exceed the following sums:
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\49\ 16 U.S.C. 1803. Sec. 103 of the Sustainable Fisheries Act
(Public Law 104-297; 110 Stat. 3563) added sec. 4.
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(1) $147,000,000 for fiscal year 1996;
(2) $151,000,000 for fiscal year 1997;
(3) $155,000,000 for fiscal year 1998; and
(4) $159,000,000 for fiscal year 1999.
TITLE I--UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY
RESOURCES
SEC. 101.\50\ UNITED STATES SOVEREIGN RIGHTS TO FISH AND FISHERY
MANAGEMENT AUTHORITY.
(a) In the Exclusive Economic Zone.--Except as provided in
section 102, the United States claims, and will exercise in the
manner provided for in this Act, sovereign rights and exclusive
fishery management authority over all fish, and all Continental
Shelf fishery resources, within the exclusive economic zone and
special areas.\51\
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\50\ 16 U.S.C. 1811. Sec. 101(b) of Public Law 99-659 (100 Stat.
3706) amended and restated sec. 101.
\51\ Sec. 301(c)(1) of Public Law 102-251 (106 Stat. 62) inserted
``and special areas'' before the period in subsec. (a).
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(b) Beyond the Exclusive Economic Zone.--The United States
claims, and will exercise in the manner provided for in this
Act, exclusive fishery management authority over the following:
(1) All anadromous species throughout the migratory
range of each such species beyond the exclusive
economic zone; except that that management authority
does not extend to any such species during the time
they are found within any waters of a foreign
nation.\52\
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\52\ Sec. 102(b) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4438) struck out ``any foreign nation's
territorial sea or exclusive economic zone (or the equivalent), to the
extent that that sea or zone is recognized by the United States.'', and
inserted in lieu thereof ``any waters of a foreign nation.''.
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(2) All Continental Shelf fishery resources beyond
the exclusive economic zone.
(3) \53\ all fishery resources in the special areas.
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\53\ Sec. 301(c)(2) of Public Law 102-251 (106 Stat. 63) added
para. (3).
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SEC. 102.\54\ HIGHLY MIGRATORY SPECIES.
The United States shall cooperate directly or through
appropriate international organizations with those nations
involved in fisheries for highly migratory species with a view
to ensuring conservation and shall promote the achievement of
optimum yield \55\ of such species throughout their range, both
within and beyond the exclusive economic zone.
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\54\ 16 U.S.C. 1812. Effective January 1, 1992, sec. 103 of the
Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat.
4439), substantially restated sec. 102. It formerly read as follows:
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``sec. 102. exclusion for highly migratory species.
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``The sovereign rights and exclusive fishery management authority
asserted by the United States under section 101 over fish do not
include, and may not be construed to extend to, highly migratory
species of fish.''.
\55\ Sec. 104 of the Sustainable Fisheries Act (Public Law 104-297;
110 Stat. 3563) struck out ``promoting the objective of optimum
utilization'' and inserted in lieu thereof ``shall promote the
achievement of optimum yield''.
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SEC. 103.\56\ HIGHLY MIGRATORY SPECIES.
The exclusive fishery management authority of the United
States shall not include, nor shall it be construed to extend
to, highly migratory species of fish.
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\56\ 16 U.S.C. 1813.
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SEC. 104.\57\ EFFECTIVE DATE.
This title shall take effect March 1, 1977.
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\57\ 16 U.S.C. 1811 note.
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TITLE II--FOREIGN FISHING AND INTERNATIONAL FISHING AGREEMENTS
SEC. 201.\58\ FOREIGN FISHING.
(a) In General.--After February 28, 1977, no foreign
fishing is authorized within the exclusive economic zone,\59\
within the special areas,\60\ or for anadromous species or
Continental Shelf fishery resources beyond such zone or
areas,\61\ unless such foreign fishing--
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\58\ 16 U.S.C. 1821.
\59\ Sec. 101(c)(2) of Public Law 99-659 struck out ``fishery
conservation zone'' and inserted in lieu thereof ``exclusive economic
zone'' throughout this Act.
\60\ Sec. 301(d)(1)(A) of Public Law 102-251 (106 Stat. 63)
inserted ``within the special areas,''.
\61\ Sec. 301(d)(1)(B) of Public Law 102-251 (106 Stat. 63) struck
out ``beyond the exclusive economic zone'' and inserted in lieu thereof
``beyond such zone or areas''.
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(1) \62\ is authorized under subsections (b) or (c)
or section 204(e), or under a permit issued under
section 204(d);
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\62\ Sec. 105(a)(1) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3563) amended and restated paras. (1) and (2).
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(2) \62\ is not prohibited under subsection (f); and
(3) is conducted under, and in accordance with, a
valid and applicable permit issued pursuant to section
204.
(b) Existing International Fishery Agreements.--Foreign
fishing described in subsection (a) may be conducted pursuant
to an international fishery agreement (subject to the
provisions of section 202 (b) or (c)), if such agreement--
(1) was in effect on the date of enactment of this
Act; and
(2) has not expired, been renegotiated, or otherwise
ceased to be of force and effect with respect to the
United States.
(c) Governing International Fishery Agreements.--Foreign
fishing described in subsection (a) may be conducted pursuant
to an international fishery agreement (other than a treaty)
which meets the requirements of this subsection if such
agreement becomes effective after application of section 203.
Any such international fishery agreement shall hereafter in
this Act be referred to as a ``governing international fishery
agreement''. Each governing international fishery agreement
shall acknowledge the exclusive fishery management authority of
the United States, as set forth in this Act. It is the sense of
the Congress that each such agreement shall include a binding
commitment, on the part of such foreign nation and its fishing
vessels, to comply with the following terms and conditions:
(1) The foreign nation, and the owner or operator of
any fishing vessel fishing pursuant to such agreement,
will abide by all regulations promulgated by the
Secretary pursuant to this Act, including any
regulations promulgated to implement any applicable
fishery management plan or any preliminary fishery
management plan.
(2) The foreign nation, and the owner or operator of
any fishing vessel fishing pursuant to such agreement,
will abide by the requirement that--
(A) any officer authorized to enforce the
provisions of this Act (as provided for in
section 311) be permitted--
(i) to board, and search or inspect,
any such vessel at any time,
(ii) to make arrests and seizures
provided for in section 311(b) whenever
such officer has reasonable cause to
believe, as a result of such a search
or inspection, that any such vessel or
any person has committed an act
prohibited by section 307, and
(iii) to examine and make notations
on the permit issued pursuant to
section 204 for such vessel;
(B) the permit issued for any such vessel
pursuant to section 204 be prominently
displayed in the wheelhouse of such vessel;
(C) transponders, or such other appropriate
position-fixing and identification equipment as
the Secretary of the department in which the
Coast Guard is operating determines to be
appropriate, be installed and maintained in
working order on each such vessel;
(D)\63\ United States observers required
under subsection (h) \64\ be permitted to be
stationed aboard any such vessel and that all
of the costs incurred incident to such
stationing, including the costs of data editing
and entry and observer monitoring, be paid for,
in accordance with such subsection, by the
owner or operator of the vessel;
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\63\ Sec. 2(a)(1) of Public Law 97-453 (96 Stat. 2481) amended and
restated subpara. (D). Subpara. (D) formerly read as follows:
``(D) duly authorized United States observers be permitted on board
any such vessel and that the United States be reimbursed for the cost
of such observers;''.
\64\ Sec. 105(a)(2) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3563) struck out ``(i)'' and inserted in lieu
thereof ``(h)''.
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(E) any fees required under section
204(b)(10) be paid in advance;
(F) agents be appointed and maintained within
the United States who are authorized to receive
and respond to any legal process issued in the
United States with respect to such owner or
operator; and
(G) responsibility be assumed, in accordance
with any requirements prescribed by the
Secretary, for the reimbursement of United
States citizens for any loss of, or damage to,
their fishing vessels, fishing gear, or catch
which is caused by any fishing vessel of that
nation;
and will abide by any other monitoring, compliance, or
enforcement requirement related to fishery conservation
and management which is included in such agreement.
(3) The foreign nation and the owners or operators of
all of the fishing vessels of such nation shall not, in
any year, harvest an amount of fish which \65\ exceeds
such nation's allocation of the total allowable level
of foreign fishing, as determined under subsection (e).
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\65\ Sec. 4(2) of Public Law 95-354 (92 Stat. 519) inserted
``harvest an amount of fish which''.
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(4) The foreign nation will--
(A) apply, pursuant to section 204, for any
required permits;
(B) deliver promptly to the owner or operator
of the appropriate fishing vessel any permit
which is issued under that section for such
vessel;
(C) abide by, and take appropriate steps
under its own laws to assure that all such
owners and operators comply with, section
204(a) and the applicable conditions and
restrictions established under section
204(b)(7); and
(D) \66\ take, or refrain from taking, as
appropriate, actions of the kind referred to in
subsection (e)(1) in order to receive favorable
allocations under such subsection.
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\66\ Sec. 2(a)(2) of Public Law 97-453 (96 Stat. 2481) added
subpara. (D).
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(d) \67\ Total Allowable Level of Foreign Fishing.--The
total allowable level of foreign fishing, if any, with respect
to any fishery subject to the exclusive fishery management
authority of the United States, shall be that portion of the
optimum yield of such fishery which will not be harvested by
vessels of the United States, as determined in accordance with
this Act.
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\67\ The text of subsec. (d) was restored to the original by sec.
104 of the Fishery Conservation Amendments of 1990 (Public Law 101-627;
104 Stat. 4439). Previously, sec. 230 of Public Law 96-561 amended and
restated subsec. (d) to read as follows:
``(d) Total Allowable Level of Foreign Fishing.--(1) As used in
this subsection--
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``(A) The term `base harvest' means, with respect to any United States
fishery, the total allowable level of foreign fishing during the 1979
harvesting season.
``(B) The term `harvesting season' means the period established under
this Act by the Secretary during which foreign fishing is permitted within
a United States fishery. For purposes of this subsection, a harvesting
season is designated by the calendar year in which the last day of the
harvesting season occurs, regardless whether fishing is not permitted on
that day due to emergency or other closure of the fishery.
``(C) The term `calculation factor' means, with respect to each United
States fishery, 15 percent of the base harvest.
``(D) The term `reduction factor amount' means, with respect to each
United States fishery, for any harvesting season after the 1980 harvesting
season--
``(i) an amount equal to 15 percent of the base harvest for that fishery,
if, in addition to the level of harvest by vessels of the United States in
the designated preceding harvesting season for the fishery, such vessels
harvest, in one or more harvesting season, not less than 75 percent of the
calculation factor;
``(ii) an amount equal to 10 percent of the base harvest for the fishery,
if, in addition to the level of harvest by vessels of the United States in
the designated preceding harvesting season for the fishery, such vessels
harvest, in one or more harvesting seasons, not less than 50 percent, but
less than 75 percent, of the calculation factor; or
``(iii) an amount equal to 5 percent of the base harvest for the fishery,
if, in addition to the level of harvest by vessels of the United States in
the designated previous harvesting season for the fishery, such vessels
harvest, in one or more harvesting seasons, not less than 25 percent, but
less than 50 percent, of the calculation factor.
``For purposes of this paragraph, the term `designated preceding harvest
season' means--
``(I) until a reduction factor amount is first achieved under this
paragraph with respect to the fishery concerned, the 1979 harvesting
season, and
``(II) after such amount is first achieved, the most recent harvesting
season in which a reduction factor amount was achieved.
``(E) The term `annual fishing level' for any United States fishery
during any harvesting season after the 1980 harvesting season is the base
harvest for the fishery reduced by--
``(i) an amount equal to the reduction factor amount for that harvesting
season; and
``(ii) an amount equal to the increased level of harvest by vessels of
the United States over the level achieved by such vessels in the 1979
harvesting season for the fishery.
``(F) The term `United States fishery' means any fishery subject to the
exclusive fishery management authority of the United States.
---------------------------------------------------------------------------
``(2) The total allowable level of foreign fishing, if any, with
respect to any United States fishery for each harvesting season after
the 1980 harvesting season shall be--
---------------------------------------------------------------------------
``(A) the level representing that portion of the optimum yield of such
fishery that will not be harvested by vessels of the United States as
determined in accordance with the provisions of this Act (other than those
relating to the determination of annual fishing levels), or
``(B) the annual fishing level determined pursuant to paragraph (3) for
the harvesting season.
---------------------------------------------------------------------------
``(3) For each United States fishery, the appropriate fishery
management council, on a timely basis, may determine and certify to the
Secretary of State and the Secretary the annual fishing level for that
fishery for each harvesting season after the 1980 harvesting season.
``(4) If with respect to any harvesting season for any United
States fishery for which the total allowable level of foreign fishing
is determined under paragraph (2)(B), the Secretary, in consultation
with the Secretary of State, approves the determination by any
appropriate fishery management council that any portion of the optimum
yield for that harvesting season will not be harvested by vessels of
the United States, the Secretary of State, in accordance with
subsection (e), may allocate such portion for use during that
harvesting season by foreign fishing vessels; except that if--
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``(A) the making available of such portion (or any part thereof) during
that harvesting season is determined to be detrimental to the development
of the United States fishing industry; and
``(B) such portion or part will be available for harvest in the
immediately succeeding harvesting season, as determined on the basis of the
best available scientific information;
then such portion or part may be allocated for use by foreign fishing
vessels in such succeeding harvesting season. The determinations required
to be made under subparagraphs (A) and (B) of the preceding sentence shall
be made by the Secretary in consultation with the Secretary of State and on
the basis of any recommendation of any appropriate fishery management
council.''.
(e) Allocation of Allowable Level.--(1) \68\ (A) The
Secretary of State, in cooperation with the Secretary, may make
allocations to foreign nations from \69\ the total allowable
level of foreign fishing which is permitted with respect to
each fishery subject to the exclusive fishery management
authority of the United States.
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\68\ Sec. 2(a)(4) of Public Law 97-453 (96 Stat. 2481) amended and
restated para. (1). Previously, sec. 3 of Public Law 96-61 (93 Stat.
407) amended subsec. (e) by designating the existing text as para. (1)
and adding a new para. (2). In addition, sec. 231 of Public Law 96-561
(94 Stat. 3297) amended and restated the last sentence of para. (1),
effective for the 1981 harvesting season and harvesting seasons
thereafter.
\69\ Sec. 404(2)(A) of Public Law 98-623 (98 Stat. 3408) struck out
``shall determine the allocation among foreign nations of'' and
inserted in lieu thereof ``may make allocations to foreign nations
from''.
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(B) From the determinations made under subparagraph (A),
the Secretary of State shall compute the aggregate of all of
the fishery allocations made of each foreign nation.
(C) The Secretary of State shall initially release to each
foreign nation for harvesting up to 50 percent of the
allocations aggregate computed for such nation under
subparagraph (B), and such release of allocation shall be
apportioned by the Secretary of State, in cooperation with the
Secretary, among the individual fishery allocations determined
for that nation under subparagraph (A). The basis on which each
apportionment is made under this subparagraph shall be stated
in writing by the Secretary of State.
(D) After the initial release of fishery allocations under
subparagraph (C) to a foreign nation, any subsequent release of
an allocation for any fishery to such nation shall only be
made--
(i) after the lapse of such period of time as may be
sufficient for purposes of making the determination
required under clause (ii); and
(ii) if the Secretary of State and the Secretary,
after taking into account the size of the allocation
for such fishery and the length and timing of the
fishing season, determine in writing that such nation
is complying with the purposes and intent of this
paragraph with respect to such fishery.
If the foreign nation is not determined under clause (ii) to be
in such compliance, the Secretary of State shall reduce, in a
manner and quantity he considers to be appropriate (I) the
remainder of such allocation, or (II) if all of such allocation
has been released, the next allocation of such fishery, if any,
made to such nation.
(E) The determinations required to be made under
subparagraphs (A) and (D)(ii), and the apportionments required
to be made under subparagraph (C), with respect to a foreign
nation shall be based on--
(i) whether, and to what extent, such nation imposes
tariff barriers or nontariff barriers on the
importation, or otherwise restricts the market access,
of both \70\ United States fish and \70\ fishery
products, particularly fish and fishery products for
which the foreign nation has requested as allocation;
\70\
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\70\ Sec. 404(2)(B) of Public Law 98-623 (98 Stat. 3408) amended
clause (i) by inserting ``both'', by striking out ``or'' and inserting
in lieu thereof ``and'', and by adding the final phrase beginning with
the words ``, particularly fish and fishery products''.
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(ii) \71\ whether, and to what extent, such nation is
cooperating with the United States in both the
advancement of existing and new opportunities for
fishery exports from the United States through the
purchase of fishery products from United States
processors, and the advancement of fisheries trade
through the purchase of fish and fishery products from
United States fishermen, particularly fish and fishery
products for which the foreign nation has requested an
allocation;
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\71\ Sec. 404(2)(C) of Public Law 98-623 (98 Stat. 3408) amended
and restated clause (ii). It previously read as follows:
``(ii) Whether, and to what extent, such nation is cooperating with
the United States in the advancement of existing and new opportunities
for fisheries trade, particularly through the purchase of fish or
fishery products from United States processors or from United States
fishermen;''.
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(iii) whether, and to what extent, such nation and
the fishing fleets of such nation have cooperated with
the United States in the enforcement of United States
fishing regulations;
(iv) whether, and to what extent, such nation
requires the fish harvested from the exclusive economic
zone \59\ or special areas \72\ for its domestic
consumption;
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\72\ Sec. 301(d)(2) of Public Law 102-251 (106 Stat. 63) inserted
``or special areas''.
---------------------------------------------------------------------------
(v) whether, and to what extent, such nation
otherwise contributes to, or fosters the growth of, a
sound and economic United States fishing industry,
including minimizing gear conflicts with fishing
operations of United States fishermen, and transferring
harvesting or processing technology which will benefit
the United States fishing industry;
(vi) whether, and to what extent, the fishing vessels
of such nation have traditionally engaged in fishing in
such fishery;
(vii) whether, and to what extent, such nation is
cooperating with the United States in, and making
substantial contributions to, fishery research and the
identification of fishery resources; and
(viii) such other matters as the Secretary of State,
in cooperation with the Secretary, deems appropriate.
(2) \73\ (A) For the purposes of this paragraph--
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\73\ Sec. 3 of Public Law 96-61 (93 Stat. 407) added para. (2).
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(i) The term ``certification'' means a certification
made by the Secretary that nationals of a foreign
country, directly or indirectly, are conducting fishing
operations or engaging in trade or taking which
diminishes the effectiveness of the International
Convention for the Regulation of Whaling. A
certification under this section shall also be deemed a
certification for the purposes of section 8(a) of the
Fisherman's Protective Act of 1967 (22 U.S.C. 1978(a)).
(ii) The term ``remedial period'' means the 365-day
period beginning on the date on which a certification
is issued with respect to a foreign country.
(B) If the Secretary issues a certification with respect to
any foreign country, then each allocation under paragraph (1)
that--
(i) is in effect for that foreign country on the date
of issuance; or
(ii) is not in effect on such date but would, without
regard to this paragraph, be made to the foreign
country within the remedial period;
shall be reduced by the Secretary of State, in consultation
with the Secretary, by not less than 50 percent.
(C) The following apply for purposes of administering
subparagraph (B) with respect to any foreign country:
(i) If on the date of certification, the foreign
country has harvested a portion, but not all, of the
quantity of fish specified under any allocation, the
reduction under subparagraph (B) for that allocation
shall be applied with respect to the quantity not
harvested as of such date.
(ii) If the Secretary notified the Secretary of State
that it is not likely that the certification of a
foreign country will be terminated under section 8(d)
of the Fishermen's Protective Act of 1967 before the
close of the period for which an allocation is
applicable or before the close of the remedial period
(whichever close first occurs) the Secretary of State,
in consultation with the Secretary, shall reallocate
any portion of any reduction made under subparagraph
(B) among one or more foreign countries for which no
certification is in effect.
(iii) If the certification is terminated under such
section 8(d) during the remedial period, the Secretary
of State shall return to the foreign country that
portion of any allocation reduced under subparagraph
(B) that was not reallocated under clause (ii); unless
the harvesting of the fish covered by the allocation is
otherwise prohibited under this Act.
(iv) The Secretary may refund or credit, by reason of
reduction of any allocation under this paragraph, any
fee paid under section 204.
(D) If the certification of a foreign country is not
terminated under section 8(d) of the Fishermen's Protective Act
of 1967 before the close of the last day of the remedial
period, the Secretary of State--
(i) with respect to any allocation made to that
country and in effect (as reduced under subparagraph
(B)) on such last day, shall rescind, effective on and
after the day after such last day, any unharvested
portion of such allocation; and
(ii) may not thereafter make any allocation to that
country under paragraph (1) until the certification is
terminated.
(f) \74\ Reciprocity.--Foreign fishing shall not be
authorized for the fishing vessels of any foreign nation unless
such nation satisfies the Secretary and the Secretary of State
that such nation extends substantially the same fishing
privileges to fishing vessels of the United States, if any, as
the United States extends to foreign fishing vessels.
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\74\ Sec. 4(3) of Public Law 95-354 (Stat. 519) redesignated
subsecs. (f) and (g) as (g) and (h), respectively, and added a new
subsec. (f), requiring an annual report from the Secretary of the
Treasury on allocations made to foreign nations. Subsec. (f) was
subsequently repealed by sec. 139(24) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
Stat. 399). Sec. 105(a)(3) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3563) repealed subsec. (f) again, and sec. 105(a)(4)
of that Act redesignated subsecs. (g) through (j) as subsecs. (f)
through (i).
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(g) \74\ Preliminary Fishery Management Plans.--The
Secretary, when notified by the Secretary of State that any
foreign nation has submitted an application under section
204(b), shall prepare a preliminary fishery management plan for
any fishery covered by such application if the Secretary
determines that no fishery management plan for that fishery
will be prepared and implemented, pursuant to title III, before
March 1, 1977. To the extent practicable, each such plan--
(1) \75\ shall contain a preliminary description of
the fishery and a preliminary determination as to--
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\75\ Sec. 4(4) of Public Law 95-354 amended para. (1) by
effectively adding the text of subpara. (B).
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(A) the optimum yield from such fishery;
(B) when appropriate, the capacity and extent
to which United States fish processors will
process that portion of such optimum yield that
will be harvested by vessels of the United
States; and
(C) the total allowable level of foreign
fishing with respect to such fishery;
(2) shall require each foreign fishing vessel engaged
or wishing to engage in such fishery to obtain a permit
from the Secretary;
(3) shall require the submission of pertinent data to
the Secretary, with respect to such fishery, as
described in section 303(a)(5); and
(4) may, to the extent necessary to prevent
irreversible effects from overfishing, with respect to
such fishery, contain conservation and management
measures applicable to foreign fishing which--
(A) are determined to be necessary and
appropriate for the conservation and management
of such fishery,
(B) are consistent with the national
standards, the other provisions of this Act,
and other applicable law, and
(C) are described in section 303(b) (2), (3),
(4), (5), and (7).
Each preliminary fishery management plan shall be in effect
with respect to foreign fishing for which permits have been
issued until a fishery management plan is prepared and
implemented, pursuant to title III, with respect to such
fishery. The Secretary may in accordance with section 553 of
title 5, United States Code, also prepare and promulgate
interim regulations with respect to any such preliminary plan.
Such regulations shall be in effect until regulations
implementing the applicable fishery management plan are
promulgated pursuant to section 305.
(h) \74\, \76\ Full Observer Coverage Program.--
(1)(A) Except as provided in paragraph (2), the Secretary shall
establish a program under which a United States observer will
be stationed aboard each foreign fishing vessel while that
vessel is engaged in fishing within the exclusive economic zone
\59\ or special areas.\77\
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\76\ Sec. 236 of Public Law 96-561 (94 Stat. 3299) added subsec.
(i). Sec. 237 of the same Act stated that subsec. (i) shall take effect
on October 1, 1981, and shall apply to permits issued under sec. 204 of
this Act after December 31, 1981.
\77\ Sec. 301(d)(3) of Public Law 102-251 (106 Stat. 63) inserted
``or special areas''.
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(B) \78\ The Secretary shall by regulation prescribe
minimum health and safety standards that shall be maintained
aboard each foreign fishing vessel with regard to the
facilities provided for the quartering of, and the carrying out
of observer functions by, United States observers.
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\78\ Sec. 103(a)(2) of Public Law 99-659 (100 Stat. 3708) added
subpara. (B).
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(2) The requirement in paragraph (1) that a United States
observer be placed aboard each foreign fishing vessel may be
waived by the Secretary if he finds that--
(A) in a situation where a fleet of harvesting
vessels transfers its catch taken within the exclusive
economic zone \79\ or special areas \77\ to another
vessel, aboard which is a United States observer, the
stationing of United States observers on only a portion
of the harvesting vessel fleet will provide a
representative sampling of the by-catch of the fleet
that is sufficient for purposes of determining whether
the requirements of the applicable management plans for
the by-catch species are being complied with;
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\79\ Sec. 101(c)(2) of Public Law 99-659 struck out ``fishery
conservation zone'' and inserted in lieu thereof ``exclusive economic
zone'' throughout this Act.
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(B) \80\ in a situation where the foreign fishing
vessel is operating under a Pacific Insular Area
fishing agreement, the Governor of the applicable
Pacific Insular Area, in consultation with the Western
Pacific Council, has established an observer coverage
program that is at least equal in effectiveness to the
program established by the Secretary;
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\80\ Sec. 105(a)(5) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3564) redesignated subparas. (B) and (C) as
subparas. (C) and (D), and added a new subpara. (B).
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(C) \81\ the time during which a foreign fishing
vessel will engage in fishing within the exclusive
economic zone or special areas \77\ will be of such
short duration that the placing of a United States
observer aboard the vessel would be impractical; or
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\81\ Sec. 103(a)(2) of Public Law 99-659 (100 Stat. 3708) added
subpara. (C) as subpara. (B). Sec. 105(a)(5) of the Sustainable
Fisheries Act (Public Law 104-297; 110 Stat. 3564) redesignated
subpara. (B) as subpara. (C).
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(D) \80\ for reasons beyond the control of the
Secretary, an observer is not available.
(3) \82\ Observers, while stationed aboard foreign fishing
vessels, shall carry out such scientific, compliance
monitoring, and other functions as the Secretary deems
necessary or appropriate to carry out the purposes of this Act;
and shall cooperate in carrying out such other scientific
programs relating to the conservation and management of living
resources as the Secretary deems appropriate.
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\82\ Sec. 2(a)(5)(A)(i) of Public Law 97-453 (96 Stat. 2482)
amended and restated para. (3). It formally read as follows:
``(3) United States observers, while aboard foreign fishing
vessels, shall carry out such scientific and other functions as the
Secretary deems necessary or appropriate to carry out the purposes of
this Act.''.
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(4) In addition to any fee imposed under section 204(b)(10)
of this Act and section 10(e) of the Fishermen's Protective Act
of 1967 (22 U.S.C. 1980(e)) with respect to foreign fishing for
any year after 1980, the Secretary shall impose, with respect
to each foreign fishing vessel for which a permit is issued
under such section 204, a surcharge in an amount sufficient to
cover all the costs of providing a United States observer
aboard that vessel. The failure to pay any surcharge imposed
under this paragraph shall be treated by the Secretary as a
failure to pay the permit fee for such vessel under section
204(b)(10). All surcharges collected by the Secretary under
this paragraph shall be deposited in the Foreign Fishing
Observer Fund established by paragraph (5).\83\
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\83\ The Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2003 (Division B of
sec. 3 of Public Law 108-7; 117 Stat. 7), provided:
---------------------------------------------------------------------------
``foreign fishing observer fund
---------------------------------------------------------------------------
``For expenses necessary to carry out the provisions of the
Atlantic Tunas Convention Act of 1975, as amended (Public Law 96-339),
the Magnuson-Stevens Fishery Conservation and Management Act of 1976,
as amended (Public Law 100-627), the American Fisheries Promotion Act
(Public Law 96-561) and the International Dolphin Conservation Program
Act (Public Law 105-42), to be derived from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to
exceed $1,000, to remain available until expended.''.
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(5) There is established in the Treasury of the United
States the Foreign Fishing Observer Fund. The Fund shall be
available to the Secretary as a revolving fund for the purpose
of carrying out this subsection. The Fund shall consist of the
surcharges deposited into it as required under paragraph (4).
All payments made by the Secretary to carry out this subsection
shall be paid from the Fund, only to the extent and in the
amounts provided for in advance in appropriation Acts. Sums in
the Fund which are not currently needed for the purposes of
this subsection shall be kept on deposit or invested in
obligations of, or guaranteed by, the United States.
(6) \84\ If at any time the requirement set forth in
paragraph (1) cannot be- met because of insufficient
appropriations, the Secretary shall, in implementing a
supplementary observer program:
---------------------------------------------------------------------------
\84\ Sec. 2(a)(5)(A)(ii) of Public Law 97-453 (96 Stat. 2482) added
para. (6), effective January 1, 1984.
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(A) certify as observers, for the purposes of this
subsection, individuals who are citizens or nationals
of the United States and who have the requisite
education or experience to carry out the functions
referred to in paragraph (3);
(B) establish standards of conduct for certified
observers equivalent to those applicable to Federal
personnel;
(C) establish a reasonable schedule of fees that
certified observers or their agents shall be paid by
the owners and operators of foreign fishing vessels for
observer services; and
(D) monitor the performance of observers to ensure
that it meets the purposes of this Act.
(i) \74\, \85\ Recreational Fishing.--
Notwithstanding any other provision of this title, foreign
fishing vessels which are not operated for profit may engage in
recreational fishing within the exclusive economic zone \86\ or
special areas \87\ and the waters within the boundaries of a
State subject to obtaining such permits, paying such reasonable
fees, and complying with such conditions and restrictions as
the Secretary and the Governor of the State (or his designee)
shall impose as being necessary or appropriate to insure that
the fishing activity of such foreign vessels within such zone,
areas,\88\ or waters, respectively, is consistent with all
applicable Federal and State laws and any applicable fishery
management plan implemented under section 304.\89\ The
Secretary shall consult with the Secretary of State and the
Secretary of the Department in which the Coast Guard is
operating in formulating the conditions and restrictions to be
applied by the Secretary under the authority of this
subsection.
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\85\ Sec. 2(a)(6) of Public Law 97-453 (96 Stat. 2483) added
subsec. (j), since redesignated as subsec. (i).
\86\ Sec. 101(c)(2) of Public Law 99-659 struck out ``fishery
conservation zone'' and inserted in lieu thereof ``exclusive economic
zone'' throughout this Act.
\87\ Sec. 301(d)(4)(A) of Public Law 102-251 (106 Stat. 63)
inserted ``or special areas''.
\88\ Sec. 301(d)(4)(B) of Public Law 102-251 (106 Stat. 63)
inserted ``, areas'' after ``such zone''.
\89\ Sec. 105(a)(6) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3564) struck out ``305'' and inserted in lieu
thereof ``304''.
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SEC. 202.\90\ INTERNATIONAL FISHERY AGREEMENTS.
(a) Negotiations.--The Secretary of State--
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\90\ 16 U.S.C. 1822. See also sec. 801 of the Fishery Conservation
Amendments of 1990 (Public Law 101-627).
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(1) shall renegotiate treaties as provided for in
subsection (b);
(2) shall negotiate governing international fishery
agreements described in section 201(c);
(3) may negotiate boundary agreements as provided for
in subsection (d);
(4) shall, upon the request of and in cooperation
with the Secretary, initiate and conduct negotiations
for the purpose of entering into international fishery
agreements--
(A) which allow fishing vessels of the United
States equitable access to fish over which
foreign nations assert exclusive fishery
management authority, and
(B) which provide for the conservation and
management of anadromous species and highly
migratory species; and
(5) may enter into such other negotiations, not
prohibited by subsection (c), as may be necessary and
appropriate to further the purposes, policy, and
provisions of this Act.
(b) Treaty Renegotiation.--The Secretary of State, in
cooperation with the Secretary, shall initiate, promptly after
the date of enactment of this Act, the renegotiation of any
treaty which pertains to fishing within the exclusive economic
zone \86\ (or within the area that will constitute such zone
after February 28, 1977) or special areas,\91\ or for
anadromous species or Continental Shelf fishery resources
beyond such zone or areas,\92\ and which is in any manner
inconsistent with the purposes, policy, or provisions of this
Act, in order to conform such treaty to such purposes, policy,
and provisions. It is the sense of Congress that the United
States shall withdraw from any such treaty, in accordance with
its provisions, if such treaty is not so renegotiated within a
reasonable period of time after such date of enactment.
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\91\ Sec. 301(e)(1)(A) of Public Law 102-251 (106 Stat. 63)
inserted ``or special areas'' after ``February 28, 1977)''.
\92\ Sec. 301(e)(1)(B) of Public Law 102-251 (106 Stat. 63) struck
out ``such zone or area'' and inserted in lieu thereof ``such zone or
areas'' .
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(c) International Fishery Agreements.--No international
fishery agreement (other than a treaty) which pertains to
foreign fishing within the exclusive economic zone \86\ (or
within the area that will constitute such zone after February
28, 1977) or special areas,\93\ or for anadromous species or
Continental Shelf fishery resources beyond such zone or areas--
\94\
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\93\ Sec. 301(e)(2)(A) of Public Law 102-251 (106 Stat. 63)
inserted ``or special areas''.
\94\ Sec. 301(e)(2)(B) of Public Law 102-251 (106 Stat. 63) struck
out ``such zone or area'' and inserted in lieu thereof ``such zone or
areas''.
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(1) which is in effect on June 1, 1976, may
thereafter be renewed, extended, or amended; or
(2) may be entered into after May 31, 1976;
by the United States unless it is in accordance with the
provisions of section 201(c) or section 204(e).\95\
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\95\ Sec. 105(b)(1) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3564) inserted ``or section 204(e)''.
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(d) Boundary Negotiations.--The Secretary of State, in
cooperation with the Secretary, may initiate and conduct
negotiations with any adjacent or opposite foreign nation to
establish the boundaries of the exclusive economic zone \86\ of
the United States in relation to any such nation.
(e) \96\ Highly Migratory Species Agreements.--
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\96\ Sec. 105(a) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4439) redesignated subsec. (e) as (f)
and added a new (e).
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(1) Evaluation.--The Secretary of State, in
cooperation with the Secretary, shall evaluate the
effectiveness of each existing international fishery
agreement which pertains to fishing for highly
migratory species. Such evaluation shall consider
whether the agreement provides for--
(A) the collection and analysis of necessary
information for effectively managing the
fishery, including but not limited to
information about the number of vessels
involved, the type and quantity of fishing gear
used, the species of fish involved and their
location, the catch and bycatch levels in the
fishery, and the present and probable future
condition of any stock of fish involved.
(B) the establishment of measures applicable
to the fishery which are necessary and
appropriate for the conservation and management
of the fishery resource involved;
(C) equitable arrangements which provide
fishing vessels of the United States with (i)
access to the highly migratory species that are
the subject of the agreement and (ii) a portion
of the allowable catch that reflects the
traditional participation by such vessels in
the fishery;
(D) effective enforcement of conservation and
management measures and access arrangements
throughout the area of jurisdiction; and
(E) sufficient and dependable funding to
implement the provisions of the agreement,
based on reasonable assessments of the benefits
derived by participating nations.
(2) Access negotiations.--The Secretary of State, in
cooperation with the Secretary, shall initiate
negotiations with respect to obtaining access for
vessels of the United States fishing for tuna species
within the exclusive economic zones of other nations on
reasonable terms and conditions.
(3) Reports.--The Secretary of State shall report to
the Congress--
(A) within 12 months after the date of
enactment of this subsection, on the results of
the evaluation required under paragraph (1).
together with recommendations for addressing
any inadequacies identified; and
(B) within six months after such date of
enactment, on the results of the access
negotiations required under paragraph (2).
(4) Negotiation.--The Secretary of State, in
consultation with the Secretary, shall undertake such
negotiations with respect to international fishery
agreements on highly migratory species as are necessary
to correct inadequacies identified as a result of the
evaluation conducted under paragraph (1).
(5) South pacific tuna treaty.--It is the sense of
the Congress that the United States Government shall,
at the earliest opportunity, begin negotiations for the
purpose of extending the Treaty on Fisheries Between
the Governments of Certain Pacific Island States and
the Government of the United States of America, signed
at Port Moresby, Papua New Guinea, April 2, 1987, and
it \97\ Annexes, Schedules, and implementing agreements
for an additional term of 10 years on terms and
conditions at least as favorable to vessels of the
United States and the United States Government.
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\97\ So in original. Should read ``its''.
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(f) \96\ Nonrecognition.--It is the sense of the Congress
that the United States Government shall not recognize the claim
of any foreign nation to an exclusive economic zone
\86\, \98\ (or the equivalent) beyond such nation's
territorial sea, to the extent that such sea is recognized by
the United States, if such nation--
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\98\ Sec. 120(a) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4459) struck out ``a exclusive economic
zone'' and inserted in lieu thereof ``an exclusive economic zone''.
---------------------------------------------------------------------------
(1) fails to consider and take into account
traditional fishing activity of fishing vessels of the
United States;
(2) fails to recognize and accept that highly
migratory species are to be managed by applicable
international fishery agreements, whether or not such
nation is a party to any such agreement; or
(3) imposes on fishing vessels of the United States
any conditions or restrictions which are unrelated to
fishery conservation and management.
(g) \99\ Fishery Agreement With Union of Soviet Socialist
Republics.--(1) The Secretary of State, in consultation with
the Secretary, is authorized to negotiate and conclude a
fishery agreement with Russia of a duration of no more than 3
years, pursuant to which--
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\99\ Sec. 301(e)(3) of Public Law 102-251 (106 Stat. 63) added
subsec. (g).
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(A) Russia will give United States fishing vessels
the opportunity to conduct traditional fisheries within
waters claimed by the United States prior to the
conclusion of the Agreement between the United States
of America and the Union of Soviet Socialist Republics
on the Maritime Boundary, signed June 1, 1990, west of
the maritime boundary, including the western special
area described in Article 3(2) of the Agreement;
(B) the United States will give fishing vessels of
Russia the opportunity to conduct traditional fisheries
within waters claimed by the Union of Soviet Socialist
Republics prior to the conclusion of the Agreement
referred to in subparagraph (A), east of the maritime
boundary, including the eastern special areas described
in Article 3(1) of the Agreement;
(C) catch data shall be made available to the
government of the country exercising fisheries
jurisdiction over the eaters in which the catch
occurred; and
(D) each country shall have the right to place
observers on board vessels of the other country and to
board and inspect such vessels.
(2) Vessels operating under a fishery agreement negotiated
and concluded pursuant to paragraph (1) shall be subject to
regulations and permit requirements of the country in whose
waters the fisheries are conducted only to the extent such
regulations and permit requirements are specified in that
agreement.
(3) The Secretary of Commerce may promulgate such
regulations, in accordance with section 553 of title 5, United
States Code, as may be necessary to carry out the provisions of
any fishery agreement negotiated and concluded pursuant to
paragraph (1).
(h) \100\ Bycatch Reduction Agreements.--
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\100\ Sec. 105(b)(2) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3564) added subsec. (h).
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(1) The Secretary of State, in cooperation with the
Secretary, shall seek to secure an international
agreement to establish standards and measures for
bycatch reduction that are comparable to the standards
and measures applicable to United States fishermen for
such purposes in any fishery regulated pursuant to this
Act for which the Secretary, in consultation with the
Secretary of State, determines that such an
international agreement is necessary and appropriate.
(2) An international agreement negotiated under this
subsection shall be--
(A) consistent with the policies and purposes
of this Act; and
(B) subject to approval by Congress under
section 203.
(3) Not later than January 1, 1997, and annually
thereafter, the Secretary, in consultation with the
Secretary of State, shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Resources of the House of
Representatives a report describing actions taken under
this subsection.
SEC. 203.\101\ CONGRESSIONAL OVERSIGHT OF INTERNATIONAL FISHERY
AGREEMENTS.
(a) In General.--No governing international fishery
agreement, bycatch reduction agreement, or Pacific Insular Area
fishery agreement \102\ shall become effective with respect to
the United States before the close of the first 120 days
(excluding any days in a period for which the Congress is
adjourned sine die) \103\ after the date on which the President
transmits to the House of Representatives and to the Senate a
document setting forth the text of such governing international
fishery agreement, bycatch reduction agreement, or Pacific
Insular Area fishery agreement.\102\ A copy of the document
shall be delivered to each House of Congress on the same day
and shall be delivered to the Clerk of the House of
Representatives, if the House is not in session, and to the
Secretary of the Senate, if the Senate is not in session.
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\101\ 16 U.S.C. 1823. Sec. 105(c)(1) of the Sustainable Fisheries
Act (Public Law 104-297; 110 Stat. 3564) struck out ``GOVERNING'' in
the section catchline. See related Public Laws beginning at page 113.
Sec. 101 of Public Law 105-384 (112 Stat. 3451) provided the
following:
``Notwithstanding section 203 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1823), the governing
international fishery agreement between the Government of the United
States of America and the Government of the Republic of Poland, as
contained in the message to Congress from the President of the United
States dated February 5, 1998, is approved as a governing international
fishery agreement for the purposes of such Act and shall enter into
force and effect with respect to the United States on the date of the
enactment of this Act.''.
\102\ Sec. 105(c)(2) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3564) struck out ``agreement'' each place it
appeared in subsec. (a) and inserted in lieu thereof ``agreement,
bycatch reduction agreement, or Pacific Insular Area fishery
agreement''.
\103\ Sec. 105(c)(3) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3564) struck out ``60 calendar days of continuous
session of the Congress'' and inserted in lieu thereof ``120 days
(excluding any days in a period for which the Congress is adjourned
sine die)''.
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(b) Referral to Committees.--Any document described in
subsection (a) shall be immediately referred in the House of
Representatives to the Committee on Merchant Marine and
Fisheries,\104\ and in the Senate to the Committees on
Commerce, Science, and Transportation and on \105\ Foreign
Relations.
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\104\ Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided
that references to the Committee on Merchant Marine and Fisheries of
the House of Representatives shall be treated as referring to--
---------------------------------------------------------------------------
(A) the Committee on Agriculture, in the case of a provision of law
relating to inspection of seafood or seafood products;
(B) the Committee on National Security, in the case of a provision of law
relating to interoceanic canals, the Merchant Marine Academy and State
Maritime Academies, or national security aspects of merchant marine;
(C) the Committee on Resources, in the case of a provision of law
relating to fisheries, wildlife, international fishing agreements, marine
affairs (including coastal zone management) except for measures relating to
oil and other pollution of navigable waters, or oceanography;
(D) the Committee on Science, in the case of a provision of law relating
to marine research; and
(E) the Committee on Transportation, in the case of a provision of law
relating to a matter other than a matter described in any of subparagraphs
(A) through (D).
---------------------------------------------------------------------------
\105\ Sec. 6(x)(1) of Public Law 103-437 (108 Stat. 4587) struck
out ``Commerce and'' and inserted in lieu thereof ``Commerce, Science,
and Transportation and on''.
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(c) \106\ Congressional Procedures.--
---------------------------------------------------------------------------
\106\ Sec. 105(c)(4) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3564) struck out subsec. (c), which had provided for
the calculation of the 60-day period. Sec. 105(c)(5) of that Act
further redesignated subsec. (d) as subsec. (c).
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(1) Rules of the house of representatives and
senate.--The provisions of this section are enacted by
the Congress--
(A) as an exercise of the rulemaking power of
the House of Representatives and the Senate,
respectively, and they are deemed a part of the
rules of each House, respectively, but
applicable only with respect to the procedure
to be followed in that House in the case of
fishery agreement resolutions described in
paragraph (2), and they supersede other rules
only to the extent that they are inconsistent
therewith; and
(B) with full recognition of the
constitutional right of either House to change
the rules (so far as they relate to the
procedure of that House) at any time, and in
the same manner and to the same extent as in
the case of any other rule of that House.
(2) Definition.--For purposes of this subsection, the
term ``fishery agreement resolution'' refers to a joint
resolution of either House of Congress--
(A) the effect of which is to prohibit the
entering into force and effect of any governing
international fishery agreement, bycatch
reduction agreement, or Pacific Insular Area
fishery agreement \107\ the text of which is
transmitted to the Congress pursuant to
subsection (a); and
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\107\ Sec. 105(c)(6) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3564) struck out ``agreement'' and inserted in lieu
thereof ``agreement, bycatch reduction agreement, or Pacific Insular
Area fishery agreement''.
---------------------------------------------------------------------------
(B) which is reported from the Committee on
Merchant Marine and Fisheries of the House of
Representatives \104\ or the Committee on
Commerce, Science, and Transportation \108\ or
the Committee on Foreign Relations of the
Senate, not later than 45 days after the date
on which the document described in subsection
(a) relating to that agreement is transmitted
to the Congress.
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\108\ Sec. 6(x)(2) of Public Law 103-437 (108 Stat. 4587) struck
out ``Commerce'' and inserted in lieu thereof ``Commerce, Science, and
Transportation''.
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(3) Placement on calendar.--Any fishery agreement
resolution upon being reported shall immediately be
placed on the appropriate calendar.
(4) Floor consideration in the house.--
(A) A motion in the House of Representatives
to proceed to the consideration of any fishery
agreement resolution shall be highly privileged
and not debatable. An amendment to the motion
shall not be in order, nor shall it be in order
to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(B) Debate in the House of Representatives on
any fishery agreement resolution shall be
limited to not more than 10 hours, which shall
be divided equally between those favoring and
those opposing the resolution. A motion further
to limit debate shall not be debatable. It
shall not be in order to move to recommit any
fishery agreement resolution or to move to
reconsider the vote by which any fishery
agreement resolution is agreed to or disagreed
to.
(C) Motions to postpone, made in the House of
Representatives with respect to the
consideration of any fishery agreement
resolution, and motions to proceed to the
consideration of other business, shall be
decided without debate.
(D) All appeals from the decisions of the
Chair relating to the application of the Rules
of the House of Representatives to the
procedure relating to any fishery agreement
resolution shall be decided without debate.
(E) Except to the extent specifically
provided in the preceding provisions of this
subsection, consideration of any fishery
agreement resolution shall be governed by the
Rules of the House of Representatives
applicable to other bills and resolutions in
similar circumstances.
(5) Floor consideration in the senate.--
(A) A motion in the Senate to proceed to the
consideration of any fishery agreement
resolution shall be privileged and not
debatable. An amendment to the motion shall not
be in order, nor shall it be in order to move
to reconsider the vote by which the motion is
agreed to or disagreed to.
(B) Debate in the Senate on any fishery
agreement resolution and on all debatable
motions and appeals in connection therewith
shall be limited to not more than 10 hours. The
time shall be equally divided between, and
controlled by, the majority leader and the
minority leader or their designees.
(C) Debate in the Senate on any debatable
motion or appeal in connection with any fishery
agreement resolution shall be limited to not
more than 1 hour, to be equally divided
between, and controlled by, the mover of the
motion or appeal and the manager of the
resolution, except that if the manager of the
resolution is in favor of any such motion or
appeal, the time in opposition thereto shall be
controlled by the minority leader or his
designee. The majority leader and the minority
leader, or either of them, may allot additional
time to any Senator during the consideration of
any debatable motion or appeal, from the time
under their control with respect to the
applicable fishery agreement resolution.
(D) A motion in the Senate to further limit
debate is not debatable. A motion to recommit
any fishery agreement resolution is not in
order.
SEC. 204.\109\ PERMITS FOR FOREIGN FISHING.
(a) In General.--After February 28, 1977, no foreign
fishing vessel shall engage in fishing within the exclusive
economic zone \86\ within the special areas \110\ or for
anadromous species or Continental Shelf fishery resources
beyond such zone or areas,\111\ unless such vessel has on board
a valid permit issued under this section for such vessel.
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\109\ 16 U.S.C. 1824.
\110\ Sec. 301(f)(1) of Public Law 102-251 (106 Stat. 64) inserted
``within the special areas''.
\111\ Sec. 301(f)(2) of Public Law 102-251 (106 Stat. 64) inserted
``or areas''.
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(b) Applications and Permits Under Government International
Fishery Agreements.--
(1) Eligibility.--Each foreign nation with which the
United States has entered into a governing
international fishery agreement shall submit an
application to the Secretary of State each year for a
permit for each of its fishing vessels that wishes to
engage in fishing described in subsection (a). No
permit issued under this section may be valid for
longer than a year; and section 558(c) of title 5,
United States Code, does not apply to the renewal of
any such permit.\112\
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\112\ Sec. 102(1) of Public Law 99-659 (100 Stat. 3707) added this
sentence.
---------------------------------------------------------------------------
(2) Forms.--The Secretary, in consultation with the
Secretary of State and the Secretary of the department
in which the Coast Guard is operating, shall prescribe
the forms for permit applications submitted under this
subsection and for permits issued pursuant to any such
application.
(3) Contents.--Any application made under this
subsection shall specify--
(A) the name and official number or other
identification of each fishing vessel for which
a permit is sought, together with the name and
address of the owner thereof;
(B) the tonnage, hold \113\ capacity, speed,
processing equipment, type and quantity of
fishing gear, and such other pertinent
information with respect to characteristics of
each such vessel as the Secretary may require;
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\113\ Sec. 3(1) of Public Law 97-453 (96 Stat. 2483) inserted
``hold''.
---------------------------------------------------------------------------
(C) each fishery in which each such vessel
wishes to fish;
(D) \114\ the estimated amount of tonnage of
fish which will be caught, taken, or harvested
in each such fishery by each such vessel during
the time the permit is in force;
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\114\ Sec. 4(5)(A) of Public Law 95-354 (92 Stat. 520) amended and
restated subpara. (D).
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(E) \115\ the amount or tonnage of United
States harvested fish, if any, which each such
vessel proposes to receive at sea from vessels
of the United States;
---------------------------------------------------------------------------
\115\ Sec. 4(5)(B) of Public Law 95-520 (92 Stat. 520) redesignated
subpara. (E) as (F) and added a new subpara. (E).
---------------------------------------------------------------------------
(F) \115\ the ocean area in which, and the
season or period during which, such fishing
will be conducted; and
(G) \116\ all applicable vessel safety
standards imposed by the foreign country, and
shall include written certification that the
vessel is in compliance with those standards,
---------------------------------------------------------------------------
\116\ Sec. 103(b)(3) of Public Law 99-659 (100 Stat. 3709) added
subpara. (G).
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and shall include any other pertinent information and
material which the Secretary may require.
(4) Transmittal for action.--Upon receipt of any
application which complies with the requirements of
paragraph (3), the Secretary of State shall publish a
notice of receipt of the application in the Federal
Register. Any such notice shall summarize the contents
of the applications from each nation included therein
with respect to the matters described in paragraph
(3).\117\ The Secretary of State \118\ shall promptly
transmit--
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\117\ Sec. 3(2) of Public Law 97-453 (96 Stat. 2483) struck out
``and shall be set forth under the name of each Council to which it
will be transmitted for comment'' which previously appeared at this
point.
\118\ Sec. 4(6) of Public Law 95-354 (92 Stat. 520) struck out
``such application in the Federal Register and'' and inserted in lieu
thereof the words to this point beginning with ``a notice of receipt''.
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(A) such application, together with his
comments and recommendations thereon, to the
Secretary;
(B) \119\ a copy of the application to the
Secretary of the department in which the Coast
Guard is operating; and
---------------------------------------------------------------------------
\119\ Sec. 3(3) of Public Law 97-453 (96 Stat. 2483) amended and
restated subparas. (B) and (C). They previously read as follows:
``(B) a copy of the application to each appropriate Council and to
the Secretary of the department in which the Coast Guard is operating;
and
``(C) a monthly summary of foreign fishing applications including a
report on approval applications as described in paragraphs (6) and (7)
to the Committee on Merchant Marine and Fisheries of the House of
Representatives and to the Committees on Commerce and Foreign Relations
of the Senate.''.
Previously, sec. 208 of Public Law 96-470 (94 Stat. 2245) added the
requirement for the summary mentioned in subpara. (C) to be provided on
a monthly basis.
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(C) \119\ a copy or a summary of the
application to the appropriate Council,\120\
---------------------------------------------------------------------------
\120\ Sec. 120(b) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4459) capitalized ``council''.
---------------------------------------------------------------------------
(5) Action by council.--After receiving a copy or
summary of an application under paragraph (4)(C), the
Council may \121\ prepare and submit to the Secretary
such written comments on the application as it deems
appropriate. Such comments shall be submitted within 45
days after the date on which the application is
received by the Council and may include recommendations
with respect to approval of the application and, if
approval is recommended, with respect to appropriate
conditions and restrictions thereon. Any interested
person may submit comments to such Council with respect
to any such application. The Council shall consider any
such comments in formulating its submission to the
Secretary.
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\121\ Sec. 3(4) of Public Law 97-453 (96 Stat. 2483) struck out
``After receipt of an application transmitted under paragraph (4)(B),
each appropriate Council shall'' and inserted in lieu thereof ``After
receiving a copy or summary of an application under paragraph (4)(C),
the Council may''.
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(6) Approval.--(A) \122\ After receipt of any
application transmitted under paragraph (4)(A), the
Secretary shall consult with the Secretary of State
and, with respect to enforcement, with the Secretary of
the department in which the Coast Guard is operating.
The Secretary, after taking into consideration the
views and recommendations of such Secretaries, and any
comments submitted by any Council under paragraph (5),
may approve, subject to subparagraph (B) \122\ the
application, if he determines that the fishing
described in the application will meet the requirements
of this Act or he may disapprove all or any portion of
the application.\123\
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\122\ Sec. 4(7) of Public Law 95-354 (92 Stat. 520) inserted
``(A)'', added the words ``, subject to subparagraph (B),'' and added
subpara. (B).
\123\ Sec. 102(3) of Public Law 99-659 (100 Stat. 3707) inserted
``or he may disapprove all or any portion of the application''.
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(B) \122\ (i) In the case of any application which
specifies that one or more foreign fishing vessels
propose to receive at sea United States harvested fish
from vessels of the United States, the Secretary may
approve the application unless the Secretary
determines, on the basis of the views, recommendations,
and comments referred to in subparagraph (A) and other
pertinent information, that United States fish
processors have adequate capacity, and will utilize
such capacity, to process all United States harvested
fish from the fishery concerned.
(ii) The amount or tonnage of United States harvested
fish which may be received at sea during any year by
foreign fishing vessels under permits approved under
this paragraph may not exceed that portion of the
optimum yield of the fishery concerned which will not
be utilized by the United States fish processors.
(iii) In deciding whether to approve any application
under this subparagraph, the Secretary may take into
account, with respect to the foreign nation concerned,
such other matters as the Secretary deems appropriate.
(7) Establishment of conditions and restrictions.--
The Secretary shall establish conditions and
restrictions which shall be included in each permit
issued pursuant to any application approved under
paragraph (6) or subsection (d) \124\ and which must be
complied with by the owner or operator of the fishing
vessel for which the permit is issued. Such conditions
and restrictions shall include the following:
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\124\ Sec. 105(d)(1) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3565) inserted ``or subsection (d)''.
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(A) All of the requirements of any applicable
fishery management plan, or preliminary fishery
management plan, and any applicable Federal or
State fishing regulations.\125\
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\125\ Sec. 105(d)(2) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3565) struck out ``the regulations promulgated to
implement any such plan'' and inserted in lieu thereof ``any applicable
Federal or State fishing regulations''.
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(B) The requirement that no permit may be
used by any vessel other than the fishery
vessel for which it is issued.
(C) The requirements described in section
201(c) (1), (2), and (3).
(D) \126\ If the permit is issued other than
pursuant to an application approved under
paragraph (6)(B) or subsection (d),\127\ the
restriction that the foreign fishing vessel may
not receive at sea United States harvested fish
vessels of the United States.
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\126\ Sec. 4(8) of Public Law 95-354 (92 Stat. 521) redesignated
subpara. (D) as (F) and added new subparas. (D) and (E).
\127\ Sec. 105(d)(3) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3565) inserted ``or subsection (d)''.
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(E) \126\ If the permit is issued pursuant to
an application approved under paragraph (6)(B),
the maximum amount or tonnage of United States
harvested fish which may be received at sea
from vessels of the United States.
(F) \126\ Any other condition and restriction
related to fishery conservation and management
which the Secretary prescribes as necessary and
appropriate.
(8) Notice of approval.--The Secretary shall promptly
transmit a copy of each application approved under
paragraph (6) and the conditions and restrictions
established under paragraph (7) to--
(A) the Secretary of State for transmittal to
the foreign nation involved;
(B) the Secretary of the department in which
the Coast Guard is operating; and
(C) any Council which has authority over any
fishery specified in such application.\128\
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\128\ Sec. 111(b) of Public Law 96-470 (94 Stat. 2239) struck out a
former subpara. (D), which previously appeared at this point and had
required a copy of each application approved also be submitted to the
Senate Foreign Relations Committee and the House Merchant Marine and
Fisheries Committee.
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(9) Disapproval of applications.--If the Secretary
does not approve any application submitted by a foreign
nation under this subsection, he shall promptly inform
the Secretary of State of the disapproval and his
reason therefor. The Secretary of State shall notify
such foreign nation of the disapproval and the reasons
therefor. Such foreign nation, after taking into
consideration the reasons for disapproval, may submit a
revised application under this subsection.
(10) \129\ Fees.--
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\129\ Sec. 106(a) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4440) amended and restated para. (10).
Previously, sec. 232 of Public Law 96-561 (94 Stat. 3298) amended and
restated para. (10).
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(A) Fees shall be paid to the Secretary by
the owner or operator of any foreign fishing
vessel for which a permit has been issued
pursuant to this section. The Secretary, in
consultation with the Secretary of State, shall
establish a schedule of reasonable fees that
shall apply nondiscriminatorily to each foreign
nation.
(B) Amounts collected by the Secretary under
this paragraph shall be deposited in the
general fund of the Treasury.
(11) Issuance of permits.--If a foreign nation
notifies the Secretary of State of its acceptance of
the conditions and restrictions established by the
Secretary under paragraph (7), the Secretary of State
shall promptly transmit such notification to the
Secretary. Upon payment of the applicable fees
established pursuant to paragraph (10), the Secretary
shall thereupon issue to such foreign nation, through
the Secretary of State, permits for the appropriate
fishing vessels of that nation. Each permit shall
contain a statement of all conditions and restrictions
established under paragraph (7) which apply to the
fishing vessel for which the permit is issued.
(12) \130\ * * * [Repealed--1990]
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\130\ Sec. 106(b) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4441) repealed para. (12). Para. (12)
had provided for the revocation, suspension, limiting, or denial of
permits for any foreign country determined to be in violation of sec.
307 of this Act (16 U.S.C. 1857).
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(c) Registration Permits.--The Secretary of State, in
cooperation with the Secretary, shall issue annually a
registration permit for each fishing vessel of a foreign nation
which is a party to an international fishery agreement under
which foreign fishing is authorized by section 201(b) and which
wishes to engage in fishing described in subsection (a). Each
such permit shall set forth the terms and conditions contained
in the agreement that apply with respect to such fishing, and
shall include the additional requirement that the owner or
operator of the fishing vessel for which the permit is issued
shall prominently display such permit in the wheelhouse of such
vessel and show it, upon request, to any officer authorized to
enforce the provisions of this Act (as provided for in section
311). The Secretary of State, after consultation with the
Secretary and the Secretary of the department in which the
Coast Guard is operating, shall prescribe the form and manner
in which applications for registration permits may be made, and
the forms of such permits. The Secretary of State may
establish, require the payment of, and collect fees for
registration permits; except that level of such fees shall not
exceed the administrative costs incurred by him in issuing such
permits.
(d) \131\ Transshipment Permits.--
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\131\ Sec. 105(d)(4) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3565) added subsecs. (d) and (e).
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(1) Authority to issue permits.--The Secretary may
issue a transshipment permit under this subsection
which authorizes a vessel other than a vessel of the
United States to engage in fishing consisting solely of
transporting fish or fish products at sea from a point
within the exclusive economic zone or, with the
concurrence of a State, within the boundaries of that
State, to a point outside the United States to any
person who--
(A) submits an application which is approved
by the Secretary under paragraph (3); and
(B) pays a fee imposed under paragraph (7).
(2) Transmittal.--Upon receipt of an application for
a permit under this subsection, the Secretary shall
promptly transmit copies of the application to the
Secretary of State, Secretary of the department in
which the Coast Guard is operating, any appropriate
Council, and any affected State.
(3) Approval of application.--The Secretary may
approve, in consultation with the appropriate Council
or Marine Fisheries Commission, an application for a
permit under this section if the Secretary determines
that--
(A) the transportation of fish or fish
products to be conducted under the permit, as
described in the application, will be in the
interest of the United States and will meet the
applicable requirements of this Act;
(B) the applicant will comply with the
requirements described in section 201(c)(2)
with respect to activities authorized by any
permit issued pursuant to the application;
(C) the applicant has established any bonds
or financial assurances that may be required by
the Secretary; and
(D) no owner or operator of a vessel of the
United States which has adequate capacity to
perform the transportation for which the
application is submitted has indicated to the
Secretary an interest in performing the
transportation at fair and reasonable rates.
(4) Whole or partial approval.--The Secretary may
approve all or any portion of an application under
paragraph (3).
(5) Failure to approve application.--If the Secretary
does not approve any portion of an application
submitted under paragraph (1), the Secretary shall
promptly inform the applicant and specify the reasons
therefor.
(6) Conditions and restrictions.--The Secretary shall
establish and include in each permit under this
subsection conditions and restrictions, including those
conditions and restrictions set forth in subsection
(b)(7), which shall be complied with by the owner and
operator of the vessel for which the permit is issued.
(7) Fees.--The Secretary shall collect a fee for each
permit issued under this subsection, in an amount
adequate to recover the costs incurred by the United
States in issuing the permit, except that the Secretary
shall waive the fee for the permit if the foreign
nation under which the vessel is registered does not
collect a fee from a vessel of the United States
engaged in similar activities in the waters of such
foreign nation.
(e) \131\ Pacific Insular Areas.--
(1) Negotiation of pacific insular area fishery
agreements.--The Secretary of State, with the
concurrence of the Secretary and in consultation with
any appropriate Council, may negotiate and enter into a
Pacific Insular Area fishery agreement to authorize
foreign fishing within the exclusive economic zone
adjacent to a Pacific Insular Area--
(A) in the case of American Samoa, Guam, or
the Northern Mariana Islands, at the request
and with the concurrence of, and in
consultation with, the Governor of the Pacific
Insular Area to which such agreement applies;
and
(B) in the case of a Pacific Insular Area
other than American Samoa, Guam, or the
Northern Mariana Islands, at the request of the
Western Pacific Council.
(2) Agreement terms and conditions.--A Pacific
Insular Area fishery agreement--
(A) shall not be considered to supersede any
governing international fishery agreement
currently in effect under this Act, but shall
provide an alternative basis for the conduct of
foreign fishing within the exclusive economic
zone adjacent to Pacific Insular Areas;
(B) shall be negotiated and implemented
consistent only with the governing
international fishery agreement provisions of
this title specifically made applicable in this
subsection;
(C) may not be negotiated with a nation that
is in violation of a governing international
fishery agreement in effect under this Act;
(D) shall not be entered into if it is
determined by the Governor of the applicable
Pacific Insular Area with respect to agreements
initiated under paragraph (1)(A), or the
Western Pacific Council with respect to
agreements initiated under paragraph (1)(B),
that such an agreement will adversely affect
the fishing activities of the indigenous people
of such Pacific Insular Area;
(E) shall be valid for a period not to exceed
three years and shall only become effective
according to the procedures in section 203; and
(F) shall require the foreign nation and its
fishing vessels to comply with the requirements
of paragraphs (1), (2), (3) and (4)(A) of
section 201(c), section 201(d), and section
201(h).
(3) Permits for foreign fishing.--
(A) Application for permits for foreign
fishing authorized under a Pacific Insular
Areas fishing agreement shall be made,
considered and approved or disapproved in
accordance with paragraphs (3), (4), (5), (6),
(7) (A) and (B), (8), and (9) of subsection
(b), and shall include any conditions and
restrictions established by the Secretary in
consultation with the Secretary of State, the
Secretary of the department in which the Coast
Guard is operating, the Governor of the
applicable Pacific Insular Area, and the
appropriate Council.
(B) If a foreign nation notifies the
Secretary of State of its acceptance of the
requirements of this paragraph, paragraph
(2)(F), and paragraph (5), including any
conditions and restrictions established under
subparagraph (A), the Secretary of State shall
promptly transmit such notification to the
Secretary. Upon receipt of any payment required
under a Pacific Insular Area fishing agreement,
the Secretary shall thereupon issue to such
foreign nation, through the Secretary of State,
permits for the appropriate fishing vessels of
that nation. Each permit shall contain a
statement of all of the requirements,
conditions, and restrictions established under
this subsection which apply to the fishing
vessel for which the permit is issued.
(4) Marine conservation plans.--
(A) Prior to entering into a Pacific Insular
Area fishery agreement, the Western Pacific
Council and the appropriate Governor shall
develop a 3-year marine conservation plan
detailing uses for funds to be collected by the
Secretary pursuant to such agreement. Such plan
shall be consistent with any applicable fishery
management plan, identify conservation and
management objectives (including criteria for
determining when such objectives have been
met), and prioritize planned marine
conservation projects. Conservation and
management objectives shall include, but not be
limited to--
(i) establishment of Pacific Insular
Area observer programs, approved by the
Secretary in consultation with the
Western Pacific Council, that provide
observer coverage for foreign fishing
under Pacific Insular Area fishery
agreements that is at least equal in
effectiveness to the program
established by the Secretary under
section 201(h);
(ii) conduct of marine and fisheries
research, including development of
systems for information collection,
analysis, evaluation, and reporting;
(iii) conservation, education, and
enforcement activities related to
marine and coastal management, such as
living marine resource assessments,
habitat monitoring and coastal studies;
(iv) grants to the University of
Hawaii for technical assistance
projects by the Pacific Island Network,
such as education and training in the
development and implementation of
sustainable marine resources
development projects, scientific
research, and conservation strategies;
and
(v) western Pacific community-based
demonstration projects under section
112(b) of the Sustainable Fisheries Act
and other coastal improvement projects
to foster and promote the management,
conservation, and economic enhancement
of the Pacific Insular Areas.
(B) In the case of American Samoa, Guam, and
the Northern Mariana Islands, the appropriate
Governor, with the concurrence of the Western
Pacific Council, shall develop the marine
conservation plan described in subparagraph (A)
and submit such plan to the Secretary for
approval. In the case of other Pacific Insular
Areas, the Western Pacific Council shall
develop and submit the marine conservation plan
described in subparagraph (A) to the Secretary
for approval.
(C) If a Governor or the Western Pacific
Council intends to request that the Secretary
of State renew a Pacific Insular Area fishery
agreement, a subsequent 3-year plan shall be
submitted to the Secretary for approval by the
end of the second year of the existing 3-year
plan.
(5) Reciprocal conditions.--Except as expressly
provided otherwise in this subsection, a Pacific
Insular Area fishing agreement may include terms
similar to the terms applicable to United States
fishing vessels for access to similar fisheries in
waters subject to the fisheries jurisdiction of another
nation.
(6) Use of payments by american samoa, guam, northern
mariana islands.--Any payments received by the
Secretary under a Pacific Insular Area fishery
agreement for American Samoa, Guam, or the Northern
Mariana Islands shall be deposited into the United
States Treasury and then covered over to the Treasury
of the Pacific Insular Area for which those funds were
collected. Amounts deposited in the Treasury of a
Pacific Insular Area shall be available, without
appropriation or fiscal year limitation, to the
Governor of the Pacific Insular Area--
(A) to carry out the purposes of this
subsection;
(B) to compensate (i) the Western Pacific
Council for mutually agreed upon administrative
costs incurred relating to any Pacific Insular
Area fishery agreement for such Pacific Insular
Area, and (ii) the Secretary of State for
mutually agreed upon travel expenses for no
more than 2 Federal representatives incurred as
a direct result of complying with paragraph
(1)(A); and
(C) to implement a marine conservation plan
developed and approved under paragraph (4).
(7) Western pacific sustainable fisheries fund.--
There is established in the United States Treasury a
Western Pacific Sustainable Fisheries Fund into which
any payments received by the Secretary under a Pacific
Insular Area fishery agreement for any Pacific Insular
Area other than American Samoa, Guam, or the Northern
Mariana Islands shall be deposited. The Western Pacific
Sustainable Fisheries Fund shall be made available,
without appropriation or fiscal year limitation, to the
Secretary, who shall provide such funds only to--
(A) the Western Pacific Council for the
purpose of carrying out the provisions of this
subsection, including implementation of a
marine conservation plan approved under
paragraph (4);
(B) the Secretary of State for mutually
agreed upon travel expenses for no more than 2
Federal representatives incurred as a direct
result of complying with paragraph (1)(B); and
(C) the Western Pacific Council to meet
conservation and management objectives in the
State of Hawaii if monies remain in the Western
Pacific Sustainable Fisheries Fund after the
funding requirements of subparagraphs (A) and
(B) have been satisfied.
Amounts deposited in such fund shall not diminish
funding received by the Western Pacific Council for the
purpose of carrying out other responsibilities under
this Act.
(8) Use of fines and penalties.--In the case of
violations occurring within the exclusive economic zone
off American Samoa, Guam, or the Northern Mariana
Islands, amounts received by the Secretary which are
attributable to fines or penalties imposed under this
Act, including such sums collected from the forfeiture
and disposition or sale of property seized subject to
its authority, after payment of direct costs of the
enforcement action to all entities involved in such
action, shall be deposited into the Treasury of the
Pacific Insular Area adjacent to the exclusive economic
zone in which the violation occurred, to be used for
fisheries enforcement and for implementation of a
marine conservation plan under paragraph (4).
SEC. 205.\132\ IMPORT PROHIBITIONS.
(a) Determinations by Secretary of State.--If the Secretary
of State determines that--
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\132\ 16 U.S.C. 1825.
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(1) he has been unable, within a reasonable period of
time, to conclude with any foreign nation an
international fishery agreement allowing fishing
vessels of the United States equitable access to
fisheries over which that nation asserts exclusive
fishery management authority, including fisheries of
the tuna species \133\ as recognized by the United
States, in accordance with \133\ fishing activities of
such vessels, if any, and under terms not more
restrictive than those established under sections 201
(c) and (d) and 204(b) (7) and (10), because such
nation has (A) refused to commence negotiations, or (B)
failed to negotiate in good faith;
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\133\ Effective January 1, 1992, Sec. 105(b) of the Fishery
Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4440)
inserted ``including fisheries of the tuna species''. Sec. 105(b)
further struck out ``traditional'', that previously followed ``in
accordance with'', struck out ``highly migratory'' in para. (2) and
inserted in lieu thereof ``tuna''.
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(2) any foreign nation is not allowing fishing
vessels of the United States to engage in fishing for
tuna \133\ species in accordance with an applicable
international fishery agreement, whether or not such
nation is a party thereto;
(3) any foreign nation is not complying with its
obligations under any existing international fishery
agreement concerning fishing by fishing vessels of the
United States in any fishery over which that nation
asserts exclusive fishery management authority; or
(4) any fishing vessel of the United States, while
fishing in waters beyond any foreign nation's
territorial sea, to the extent that such sea is
recognized by the United States, is seized by any
foreign nation--
(A) in violation of an applicable
international fishery agreement;
(B) without authorization under an agreement
between the United States and such nation; or
(C) as a consequence of a claim of
jurisdiction which is not recognized by the
United States;
he shall certify such determination to the Secretary of the
Treasury.
(b) Prohibitions.--Upon receipt of any certification from
the Secretary of State under subsection (a), the Secretary of
the Treasury shall immediately take such action as may be
necessary and appropriate to prohibit the importation into the
United States--
(1) of all fish and fish products from the fishery
involved, if any; and
(2) upon recommendation of the Secretary of State,
such other fish or fish products, from any fishery of
the foreign nation concerned, which the Secretary of
State finds to be appropriated to carry out the
purposes of this section.
(c) Removal of Prohibition.--If the Secretary of State
finds that the reasons for the imposition of any import
prohibition under this section no longer prevail, the Secretary
of State shall notify the Secretary of the Treasury, who shall
promptly remove such import prohibition.
(d) Definitions.--As used in this section--
(1) The term ``fish'' includes any highly migratory
species.
(2) The term ``fish products'' means any article
which is produced from or composed for (in which or in
part) any fish.
SEC. 206.\134\ LARGE-SCALE DRIFTNET FISHING.
(a) Short Title.--This section incorporates and expands
upon provisions of the Driftnet Impact Monitoring, Assessment,
and Control Act of 1987 and may be cited as the ``Driftnet Act
Amendments of 1990''.
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\134\ 16 U.S.C. 1826. Public Law 95-6 (91 Stat. 14) added sec. 206.
Sec. 107(a) of the Fishery Conservation Amendments of 1990 (Public Law
101-627; 104 Stat. 4441) amended and restated sec. 206.
See also the High Seas Driftnet Fisheries Enforcement Act (Public
Law 102-582; 106 Stat. 4900 et seq.).
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(b) Findings.--The Congress finds that--
(1) the continued widespread use of large-scale
driftnets beyond the exclusive economic zone of any
nation is a destructive fishing practice that poses a
threat to living marine resources of the world's
oceans, including but not limited to the North and
South Pacific Ocean, and the Bering Sea;
(2) the use of large-scale driftnets is expanding
into new regions of the world's oceans, including the
Atlantic Ocean and Caribbean Sea;
(3) there is a pressing need for detailed and
reliable information on the number of seabirds, sea
turtles, nontarget fish, and marine mammals that become
entangled and die in actively fished large-scale
driftnets and in large-scale driftnets that are lost,
abandoned, or discarded;
(4) increased efforts, including reliable observer
data and enforcement mechanisms, are needed to monitor,
assess, control, and reduce the adverse impact of
large-scale driftnet fishing on living marine
resources;
(5) the nations of the world have agreed in the
United Nations, through General Assembly Resolution
Numbered 44-225, approved December 22, 1989, by the
General Assembly, that a moratorium should be imposed
by June 30, 1992, on the use of large-scale driftnets
beyond the exclusive economic zone of any nation;
(6) the nations of the south Pacific have agreed to a
moratorium on the use of large-scale driftnets in the
South Pacific through the Convention for the
Prohibition of Fishing with Long Driftnets in the South
Pacific, which was agreed to in Wellington, New
Zealand, on November 29, 1989; and
(7) increasing population pressures and new knowledge
of the importance of living marine resources to the
health of the global ecosystem demand that greater
responsibility by exercised by persons fishing or
developing new fisheries beyond the exclusive economic
zone of any nation.
(c) Policy.--It is declared to be the policy of the
Congress in this section that the United States should--
(1) implement the moratorium called for by the United
Nations General Assembly in Resolution Numbered 44-225;
(2) support the Tarawa Declaration and the Wellington
Convention for the Prohibition of Fishing with Long
Driftnets in the South Pacific; and
(3) secure a permanent ban on the use of destructive
fishing practices, and in particular large-scale
driftnets, by persons or vessels fishing beyond the
exclusive economic zone of any nation.
(d) International Agreements.--The Secretary, through the
Secretary of State and the Secretary of the department in which
the Coast Guard is operating, shall seek to secure
international agreements to implement immediately the findings,
policy, and provisions of this section, and in particular an
international ban on large-scale driftnet fishing. The
Secretary, through the Secretary of State, shall include, in
any agreement which addresses the taking of living marine
resources of the United States, provisions to ensure that--
(1) each large-scale driftnet fishing vessel of a
foreign nation that is party to the agreement,
including vessels that may operate independently to
develop new fishing areas, which operate beyond the
exclusive economic zone of any nation, is included in
such agreement;
(2) each large-scale driftnet fishing vessel of a
foreign nation that is party to the agreement, which
operates beyond the exclusive economic zone of any
nation, is equipped with satellite transmitters which
provide real-time position information accessible to
the United States;
(3) statistically reliable monitoring by the United
States is carried out, through the use of on-board
observers or through dedicated platforms provided by
foreign nations that are parties to the agreement, of
all target and nontarget fish species, marine mammals,
sea turtles, and sea birds entangled or killed by
large-scale driftnets used by fishing vessels of
foreign nations that are parties to the agreement;
(4) officials of the United States have the right to
board and inspect for violations of the agreement any
large-scale driftnet fishing vessels operating under
the flag of a foreign nation that is party to the
agreement at any time while such vessel is operating in
designated areas beyond the exclusive economic zone of
any nation;
(5) all catch landed or transshipped at sea by large-
scale driftnet fishing vessels of a foreign nation that
is a party to the agreement, and which are operated
beyond the exclusive economic zone of any nation, is
reliably monitored and documented;
(6) time and area restrictions are imposed on the use
of large-scale driftnets in order to prevent
interception of anadromous species;
(7) all large-scale driftnets used are constructed,
insofar as feasible, with biodegradable materials which
break into segments that do not represent a threat to
living marine resources;
(8) all large-scale driftnets are marked at
appropriate intervals in a manner that conclusively
identifies the vessel and flag nation responsible for
each such driftnet;
(9) the taking of nontarget fish species, marine
mammals, sea turtles, seabirds, and endangered species
or other species protected by international agreements
to which the United States is a party is minimized and
does not pose a threat to existing fisheries or the
long-term health of living marine resources; and
(10) definitive steps are agreed upon to ensure that
parties to the agreement comply with the spirit of
other international agreements and resolutions
concerning the use of large-scale driftnets beyond the
exclusive economic zone of any nation.
(e) \135\ Report.--Not later than January 1, 1991, and
every year thereafter until the purposes of this section are
met, the Secretary, after consultation with the Secretary of
State and the Secretary of the department in which the Coast
Guard is operating, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Merchant Marine and Fisheries \136\ of the House of
Representatives a report--
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\135\ Sec. 105(f)(1) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3569) struck out paras. (3) and (4) of subsec. (e),
and redesignated paras. (5) and (6) as paras. (3) and (4). Former
paras. (3) and (4) read as follows:
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``(3) identifying and evaluating the effectiveness of unilateral measures
and multilateral measures, including sanctions, that are available to
encourage nations to agree to and comply with this section, and
recommendations for legislation to authorize any additional measures that
are needed if those are considered ineffective;
``(4) identifying, evaluating, and making any recommendations considered
necessary to improve the effectiveness of the law, policy, and procedures
governing enforcement of the exclusive management authority of the United
States over anadromous species against fishing vessels engaged in fishing
beyond the exclusive economic zone of any nation;''.
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\136\ Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided
that references to the Committee on Merchant Marine and Fisheries of
the House of Representatives shall be treated as referring to--
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(A) the Committee on Agriculture, in the case of a provision of law
relating to inspection of seafood or seafood products;
(B) the Committee on National Security, in the case of a provision of law
relating to interoceanic canals, the Merchant Marine Academy and State
Maritime Academies, or national security aspects of merchant marine;
(C) the Committee on Resources, in the case of a provision of law
relating to fisheries, wildlife, international fishing agreements, marine
affairs (including coastal zone management) except for measures relating to
oil and other pollution of navigable waters, or oceanography;
(D) the Committee on Science, in the case of a provision of law relating
to marine research; and
(E) the Committee on Transportation, in the case of a provision of law
relating to a matter other than a matter described in any of subparagraphs
(A) through (D).
(1) describing the steps taken to carry out the
provisions of this section, particularly subsection
(c);
(2) evaluating the progress of those efforts, the
impacts on living marine resources, including available
observer data, and specifying plans for further action;
(3) \135\ containing a list and description of any
new fisheries developed by nations that conduct, or
authorize their nationals to conduct, large-scale
driftnet fishing beyond the exclusive economic zone of
any nation; and
(4) \135\ containing a list of the nations that
conduct, or authorize their nationals to conduct,
large-scale driftnet fishing beyond the exclusive
economic zone of any nation in a manner that diminishes
the effectiveness of or is inconsistent with any
international agreement governing large-scale driftnet
fishing to which the United States is a party or
otherwise subscribes.
(f) Certification.--If at any time the Secretary, in
consultation with the Secretary of State and the Secretary of
the department in which the Coast Guard is operating,
identifies any nation that warrants inclusion in the list
described under subsection (e)(4),\137\ the Secretary shall
certify that fact to the President. Such certification shall be
deemed to be a certification for the purposes of section 8(a)
of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).
---------------------------------------------------------------------------
\137\ Sec. 105(f)(2) of the Sustainable Fisheries Act (Public Law
104-297; 110 Stat. 3569) struck out ``(e)(6)'' and inserted in lieu
thereof ``(e)(4)''.
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(g) Effect on Sovereign Rights.--This section shall not
serve or be construed to expand or diminish the sovereign
rights of the United States, as stated by Presidential
Proclamation Numbered 5030, dated March 10, 1983, and reflected
in this Act or other existing law.
(h) Definition.--As used in this section, the term ``living
marine resources'' includes fish, marine mammals, sea turtles,
and seabirds and other waterfowl.
TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM
* * * * * * *
TITLE IV--FISHERY MONITORING AND RESEARCH \138\
* * * * * * *
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\138\ Title II of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3604) amended and restated title IV, which previously
related to miscellaneous provisions, including authorization of
appropriations.
b. Marine Turtle Conservation Act of 2004
Public Law 108-266 [H.R. 3378], 118 Stat. 791, approved July 2, 2004
AN ACT To assist in the conservation of marine turtles and the nesting
habitats of marine turtles in foreign countries.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Marine Turtle Conservation
Act of 2004''.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 6601 note.
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SEC. 2.\2\ FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
\2\ 16 U.S.C. 6601.
---------------------------------------------------------------------------
(1) marine turtle populations have declined to the
point that the long-term survival of the loggerhead,
green, hawksbill, Kemp's ridley, olive ridley, and
leatherback turtle in the wild is in serious jeopardy;
(2) 6 of the 7 recognized species of marine turtles
are listed as threatened or endangered species under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), and all 7 species have been included in Appendix
I of CITES;
(3) because marine turtles are long-lived, late-
maturing, and highly migratory, marine turtles are
particularly vulnerable to the impacts of human
exploitation and habitat loss;
(4) illegal international trade seriously threatens
wild populations of some marine turtle species,
particularly the hawksbill turtle;
(5) the challenges facing marine turtles are immense,
and the resources available have not been sufficient to
cope with the continued loss of nesting habitats caused
by human activities and the consequent diminution of
marine turtle populations;
(6) because marine turtles are flagship species for
the ecosystems in which marine turtles are found,
sustaining healthy populations of marine turtles
provides benefits to many other species of wildlife,
including many other threatened or endangered species;
(7) marine turtles are important components of the
ecosystems that they inhabit, and studies of wild
populations of marine turtles have provided important
biological insights;
(8) changes in marine turtle populations are most
reliably indicated by changes in the numbers of nests
and nesting females; and
(9) the reduction, removal, or other effective
addressing of the threats to the long-term viability of
populations of marine turtles will require the joint
commitment and effort of--
(A) countries that have within their
boundaries marine turtle nesting habitats; and
(B) persons with expertise in the
conservation of marine turtles.
(b) Purpose.--The purpose of this Act is to assist in the
conservation of marine turtles and the nesting habitats of
marine turtles in foreign countries by supporting and providing
financial resources for projects to conserve the nesting
habitats, conserve marine turtles in those habitats, and
address other threats to the survival of marine turtles.
SEC. 3.\3\ DEFINITIONS.
In this Act:
---------------------------------------------------------------------------
\3\ 16 U.S.C. 6602.
---------------------------------------------------------------------------
(1) CITES.--The term ``CITES'' means the Convention
on International Trade in Endangered Species of Wild
Fauna and Flora (27 UST 1087; TIAS 8249).
(2) Conservation.--The term ``conservation'' means
the use of all methods and procedures necessary to
protect nesting habitats of marine turtles in foreign
countries and of marine turtles in those habitats,
including--
(A) protection, restoration, and management
of nesting habitats;
(B) onsite research and monitoring of nesting
populations, nesting habitats, annual
reproduction, and species population trends;
(C) assistance in the development,
implementation, and improvement of national and
regional management plans for nesting habitat
ranges;
(D) enforcement and implementation of CITES
and laws of foreign countries to--
(i) protect and manage nesting
populations and nesting habitats; and
(ii) prevent illegal trade of marine
turtles;
(E) training of local law enforcement
officials in the interdiction and prevention
of--
(i) the illegal killing of marine
turtles on nesting habitat; and
(ii) illegal trade in marine turtles;
(F) initiatives to resolve conflicts between
humans and marine turtles over habitat used by
marine turtles for nesting;
(G) community outreach and education; and
(H) strengthening of the ability of local
communities to implement nesting population and
nesting habitat conservation programs.
(3) Fund.--The term ``Fund'' means the Marine Turtle
Conservation Fund established by section 5.
(4) Marine turtle.--
(A) In general.--The term ``marine turtle''
means any member of the family Cheloniidae or
Dermochelyidae.
(B) Inclusions.--The term ``marine turtle''
includes--
(i) any part, product, egg, or
offspring of a turtle described in
subparagraph (A); and
(ii) a carcass of such a turtle.
(5) Multinational species conservation fund.--The
term ``Multinational Species Conservation Fund'' means
the fund established under the heading ``multinational
species conservation fund'' in title I of the
Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 4246).
(6) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
SEC. 4.\4\ MARINE TURTLE CONSERVATION ASSISTANCE.
(a) In General.--Subject to the availability of funds and
in consultation with other Federal officials, the Secretary
shall use amounts in the Fund to provide financial assistance
for projects for the conservation of marine turtles for which
project proposals are approved by the Secretary in accordance
with this section.
---------------------------------------------------------------------------
\4\ 16 U.S.C. 6603.
---------------------------------------------------------------------------
(b) Project Proposals.--
(1) Eligible applicants.--A proposal for a project
for the conservation of marine turtles may be submitted
to the Secretary by--
(A) any wildlife management authority of a
foreign country that has within its boundaries
marine turtle nesting habitat if the activities
of the authority directly or indirectly affect
marine turtle conservation; or
(B) any other person or group with the
demonstrated expertise required for the
conservation of marine turtles.
(2) Required elements.--A project proposal shall
include--
(A) a statement of the purposes of the
project;
(B) the name of the individual with overall
responsibility for the project;
(C) a description of the qualifications of
the individuals that will conduct the project;
(D) a description of--
(i) methods for project
implementation and outcome assessment;
(ii) staff and community management
for the project; and
(iii) the logistics of the project;
(E) an estimate of the funds and time
required to complete the project;
(F) evidence of support for the project by
appropriate governmental entities of the
countries in which the project will be
conducted, if the Secretary determines that
such support is required for the success of the
project;
(G) information regarding the source and
amount of matching funding available for the
project; and
(H) any other information that the Secretary
considers to be necessary for evaluating the
eligibility of the project for funding under
this Act.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a
project proposal, provide a copy of the
proposal to other Federal officials, as
appropriate; and
(B) review each project proposal in a timely
manner to determine whether the proposal meets
the criteria specified in subsection (d).
(2) Consultation; approval or disapproval.--Not later
than 180 days after receiving a project proposal, and
subject to the availability of funds, the Secretary,
after consulting with other Federal officials, as
appropriate, shall--
(A) consult on the proposal with the
government of each country in which the project
is to be conducted;
(B) after taking into consideration any
comments resulting from the consultation,
approve or disapprove the project proposal; and
(C) provide written notification of the
approval or disapproval to the person that
submitted the project proposal, other Federal
officials, and each country described in
subparagraph (A).
(d) Criteria for Approval.--The Secretary may approve a
project proposal under this section if the project will help
recover and sustain viable populations of marine turtles in the
wild by assisting efforts in foreign countries to implement
marine turtle conservation programs.
(e) Project Sustainability.--To the maximum extent
practicable, in determining whether to approve project
proposals under this section, the Secretary shall give
preference to conservation projects that are designed to ensure
effective, long-term conservation of marine turtles and their
nesting habitats.
(f) Matching Funds.--In determining whether to approve
project proposals under this section, the Secretary shall give
preference to projects for which matching funds are available.
(g) Project Reporting.--
(1) In general.--Each person that receives assistance
under this section for a project shall submit to the
Secretary periodic reports (at such intervals as the
Secretary may require) that include all information
that the Secretary, after consultation with other
government officials, determines is necessary to
evaluate the progress and success of the project for
the purposes of ensuring positive results, assessing
problems, and fostering improvements.
(2) Availability to the public.--Reports under
paragraph (1), and any other documents relating to
projects for which financial assistance is provided
under this Act, shall be made available to the public.
SEC. 5.\5\ MARINE TURTLE CONSERVATION FUND.
(a) Establishment.--There is established in the
Multinational Species Conservation Fund a separate account to
be known as the ``Marine Turtle Conservation Fund'', consisting
of--
---------------------------------------------------------------------------
\5\ 16 U.S.C. 6604.
---------------------------------------------------------------------------
(1) amounts transferred to the Secretary of the
Treasury for deposit into the Fund under subsection
(e);
(2) amounts appropriated to the Fund under section 6;
and
(3) any interest earned on investment of amounts in
the Fund under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), on request
by the Secretary, the Secretary of the Treasury shall
transfer from the Fund to the Secretary, without
further appropriation, such amounts as the Secretary
determines are necessary to carry out section 4.
(2) Administrative expenses.--Of the amounts in the
account available for each fiscal year, the Secretary
may expend not more than 3 percent, or up to $80,000,
whichever is greater, to pay the administrative
expenses necessary to carry out this Act.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall
invest such portion of the Fund as is not, in the
judgment of the Secretary of the Treasury, required to
meet current withdrawals. Investments may be made only
in interest-bearing obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be
acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at
the market price.
(3) Sale of obligations.--Any obligation acquired by
the Fund may be sold by the Secretary of the Treasury
at the market price.
(4) Credits to fund.--The interest on, and the
proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--The amounts required to be
transferred to the Fund under this section shall be
transferred at least monthly from the general fund of
the Treasury to the Fund on the basis of estimates made
by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts
required to be transferred.
(e) Acceptance and Use of Donations.--The Secretary may
accept and use donations to provide assistance under section 4.
Amounts received by the Secretary in the form of donations
shall be transferred to the Secretary of the Treasury for
deposit in the Fund.
SEC. 6.\6\ ADVISORY GROUP.
(a) In General.--To assist in carrying out this Act, the
Secretary may convene an advisory group consisting of
individuals representing public and private organizations
actively involved in the conservation of marine turtles.
---------------------------------------------------------------------------
\6\ 16 U.S.C. 6605.
---------------------------------------------------------------------------
(b) Public Participation.--
(1) Meetings.--The Advisory Group shall--
(A) ensure that each meeting of the advisory
group is open to the public; and
(B) provide, at each meeting, an opportunity
for interested persons to present oral or
written statements concerning items on the
agenda.
(2) Notice.--The Secretary shall provide to the
public timely notice of each meeting of the advisory
group.
(3) Minutes.--Minutes of each meeting of the advisory
group shall be kept by the Secretary and shall be made
available to the public.
(c) Exemption From Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the advisory group.
SEC. 7.\7\ AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Fund
$5,000,000 for each of fiscal years 2005 through 2009.
---------------------------------------------------------------------------
\7\ 16 U.S.C. 6606.
---------------------------------------------------------------------------
SEC. 8.\8\ REPORT TO CONGRESS.
Not later than October 1, 2005, the Secretary shall submit
to the Congress a report on the results and effectiveness of
the program carried out under this Act, including
recommendations concerning how this Act might be improved and
whether the Fund should be continued in the future.
---------------------------------------------------------------------------
\8\ 16 U.S.C. 6607.
c. Shark Finning Prohibition Act
Public Law 106-557 [H.R. 5461], 114 Stat. 2772, approved December 21,
2000
AN ACT To amend the Magnuson-Stevens Fishery Conservation and
Management Act to eliminate the wasteful and unsportsmanlike practice
of shark finning.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Shark Finning Prohibition
Act''.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1822 note.
---------------------------------------------------------------------------
SEC. 2.\1\ PURPOSE.
The purpose of this Act is to eliminate shark-finning by
addressing the problem comprehensively at both the national and
international levels.
SEC. 3.\2\ PROHIBITION ON REMOVING SHARK FIN AND DISCARDING SHARK
CARCASS AT SEA. * * *
---------------------------------------------------------------------------
\2\ Sec. 3 amends sec. 307(1) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857(1)).
---------------------------------------------------------------------------
SEC. 4.\1\ REGULATIONS.
No later than 180 days after the date of the enactment of
this Act, the Secretary of Commerce shall promulgate
regulations implementing the provisions of section 3076(1)(P)
of the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1857(1)(P)), as added by section 3 of this Act.
SEC. 5.\1\ INTERNATIONAL NEGOTIATIONS.
The Secretary of Commerce, acting through the Secretary of
State, shall--
(1) initiate discussions as soon as possible for the
purpose of developing bilateral or multilateral
agreements with other nations for the prohibition on
shark-finning;
(2) initiate discussions as soon as possible with all
foreign governments which are engaged in, or which have
persons or companies engaged in shark-finning, for the
purposes of--
(A) collecting information on the nature and
extent of shark-finning by such persons and the
landing or transshipment of shark fins through
foreign ports; and
(B) entering into bilateral and multilateral
treaties with such countries to protect such
species;
(3) seek agreements calling for an international ban
on shark-finning and other fishing practices adversely
affecting these species through the United Nations, the
Food and Agriculture Organization's Committee on
Fisheries, and appropriate regional fishery management
bodies;
(4) initiate the amendment of any existing
international treaty for the protection and
conservation of species of sharks to which the United
States is a party in order to make such treaty
consistent with the purposes and policies of this
section;
(5) urge other governments involved in fishing for or
importation of shark or shark products to fulfill their
obligations to collect biological data, such as stock
abundance and by-catch levels, as well as trade data,
on shark species as called for in the 1995 Resolution
on Cooperation with FAO with Regard to study on the
Status of Sharks and By-Catch of Shark Species; and
(6) urge other governments to prepare and submit
their respective National Plan of Action for the
Conservation and Management of Sharks to the 2001
session of the FAO Committee on Fisheries, as set forth
in the International Plan of Action for the
Conservation and Management of Sharks.
SEC. 6.\1\ REPORT TO CONGRESS.
The Secretary of Commerce, in consultation with the
Secretary of State, shall provide to Congress, by not later
than 1 year after the date of the enactment of this Act, and
every year thereafter, a report which--
(1) includes a list that identifies nations whose
vessels conduct shark-finning and details the extent of
the international trade in shark fins, including
estimates of value and information on harvesting of
shark fins, and landings or transshipment of shark fins
through foreign ports;
(2) describes the efforts taken to carry out this
Act, and evaluates the progress of those efforts;
(3) sets forth a plan of action to adopt
international measures for the conservation of sharks;
and
(4) includes recommendations for measures to ensure
that United States actions are consistent with
national, international, and regional obligations
relating to shark populations, including those listed
under the Convention on International Trade in
Endangered Species of Wild Flora and Fauna.
SEC. 7.\1\ RESEARCH.
The Secretary of Commerce, subject to the availability of
appropriations authorized by section 10, shall establish a
research program for Pacific and Atlantic sharks to engage in
the following data collection and research:
(1) The collection of data to support stock
assessments of shark populations subject to incidental
or directed harvesting by commercial vessels, giving
priority to species according to vulnerability of the
species to fishing gear and fishing mortality, and its
population status.
(2) Research to identify fishing gear and practices
that prevent or minimize incidental catch of sharks in
commercial and recreational fishing.
(3) Research on fishing methods that will ensure
maximum likelihood of survival of captured sharks after
release.
(4) Research on methods for releasing sharks from
fishing gear that minimize risk of injury to fishing
vessel operators and crews.
(5) Research on methods to maximize the utilization
of, and funding to develop the market for, sharks not
taken in violation of a fishing management plan
approved under section 303 or section 307(1)(P) of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1853, 1857(1)(P)).
(6) Research on the nature and extent of the harvest
of sharks and shark fins by foreign fleets and the
international trade in shark fins and other shark
products.
SEC. 8.\1\ WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH
PROGRAM.
The National Marine Fisheries Service, in consultation with
the Western Pacific Fisheries Management Council, shall
initiate a cooperative research program with the commercial
longlining industry to carry out activities consistent with
this Act, including research described in section 7 of this
Act. The service may initiate such shark cooperative research
programs upon the request of any other fishery management
council.
SEC. 9.\1\ SHARK-FINNING DEFINED.
In this Act, the term ``shark-finning'' means the taking of
a shark, removing the fin or fins (whether or not including the
tail) of a shark, and returning the remainder of the shark to
the sea.
SEC. 10.\1\ AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce for fiscal years 2001 through 2005 such sums as are
necessary to carry out this Act.
d. Yukon River Salmon Act of 2000
Partial text of Public Law 106-450 [H.R. 1651], 114 Stat. 1941,
approved November 7, 2000; as amended by Public Law 108-219 [H.R.
2584], 118 Stat. 615, approved April 13, 2004
AN ACT To amend the Fishermen's Protective Act of 1967 to extend the
period during which reimbursement may be provided to owners of United
States fishing vessels for costs incurred when such a vessel is seized
and detained by a foreign country, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S
PROTECTIVE ACT OF 1967 \1\
---------------------------------------------------------------------------
\1\ Title I amends the Fishermen's Protective Act of 1967.
---------------------------------------------------------------------------
* * * * * * *
TITLE II--YUKON RIVER SALMON
SEC. 201.\2\ SHORT TITLE.
This title may be cited as the ``Yukon River Salmon Act of
2000''.
---------------------------------------------------------------------------
\2\ 16 U.S.C. 5701 note.
---------------------------------------------------------------------------
SEC. 202.\3\ YUKON RIVER SALMON PANEL.
(a) Establishment.--
(1) In general.--There shall be a Yukon River Salmon
Panel (in this title referred to as the ``Panel'').
---------------------------------------------------------------------------
\3\ 16 U.S.C. 5721.
---------------------------------------------------------------------------
(2) Functions.--The Panel shall--
(A) advise the Secretary of State regarding
the negotiation of any international agreement
with Canada relating to management of salmon
stocks originating from the Yukon River in
Canada;
(B) advise the Secretary of the Interior
regarding restoration and enhancement of such
salmon stocks; and
(C) perform other functions relating to
conservation and management of such salmon
stocks as authorized by this or any other
title.
(3) Designation as united states representatives on
bilateral body.--The Secretary of State may designate
the members of the Panel to be the United States
representatives on any successor to the panel
established by the interim agreement for the
conservation of salmon stocks originating from the
Yukon River in Canada agreed to through an exchange of
notes between the Government of the United States and
the Government of Canada on February 3, 1995, if
authorized by any agreement establishing such
successor.
(b) Membership.--
(1) In general.--The Panel shall be comprised of six
members, as follows:
(A) One member who is an official of the
United States Government with expertise in
salmon conservation and management, who shall
be appointed by the Secretary of State.
(B) One member who is an official of the
State of Alaska with expertise in salmon
conservation and management, who shall be
appointed by the Governor of Alaska.
(C) Four members who are knowledgeable and
experienced with regard to the salmon fisheries
on the Yukon River, who shall be appointed by
the Secretary of State in accordance with
paragraph (2).
(2) Appointees from alaska.--
(A) The Secretary of State shall appoint the
members under paragraph (1)(C) from a list of
at least three individuals nominated for each
position by the Governor of Alaska.
(B) In making the nominations, the Governor
of Alaska may consider suggestions for
nominations provided by organizations with
expertise in Yukon River salmon fisheries.
(C) The Governor of Alaska may make
appropriate nominations to allow for
appointment of, and the Secretary of State
shall appoint, under paragraph (1)(C)--
(i) at least one member who is
qualified to represent the interests of
Lower Yukon River fishing districts;
and
(ii) at least one member who is
qualified to represent the interests of
Upper Yukon River fishing districts.
(D) At least one of the members appointed
under paragraph (1)(C) shall be an Alaska
Native.
(3) Alternates.--
(A) The Secretary of State may designate an
alternate Panel member for each Panel member
the Secretary appoints under paragraphs (1)(A)
and (C), who meets the same qualifications, to
serve in the absence of the Panel member.
(B) The Governor of the State of Alaska may
designate an alternative Panel member for the
Panel member appointed under subsection
(b)(1)(B), who meets the same qualifications,
to serve in the absence of that Panel member.
(c) Term Length.--Panel members and alternate Panel members
shall serve 4-year terms. Any individual appointed to fill a
vacancy occurring before the expiration of any term shall be
appointed for the remainder of that term.
(d) Reappointment.--Panel members and alternate Panel
members shall be eligible for reappointment.
(e) Decisions.--Decisions of the Panel shall be made by the
consensus of the Panel members appointed under subparagraphs
(B) and (C) of subsection (b)(1).
(f) Consultations.--In carrying out their functions, Panel
members may consult with such other interested parties as they
consider appropriate.
SEC. 203.\4\ ADVISORY COMMITTEE.
(a) Appointments.--The Governor of Alaska may establish and
appoint an advisory committee of not less than eight, but not
more than 12, individuals who are knowledgeable and experienced
with regard to the salmon fisheries on the Yukon River. At
least two of the advisory committee members shall be Alaska
Natives. Members of the advisory committee may attend all
meetings of the Panel, and shall be given the opportunity to
examine and be heard on any matter under consideration by the
Panel.
---------------------------------------------------------------------------
\4\ 16 U.S.C. 5722.
---------------------------------------------------------------------------
(b) Compensation.--The members of such advisory committee
shall receive no compensation for their services.
(c) Term Length.--Members of such advisory committee shall
serve 2-year terms. Any individual appointed to fill a vacancy
occurring before the expiration of any term shall be appointed
for the remainder of that term.
(d) Reappointment.--Members of such advisory committee
shall be eligible for reappointment.
SEC. 204.\5\ EXEMPTION.
The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Panel or to an advisory committee established
under section 203.
---------------------------------------------------------------------------
\5\ 16 U.S.C. 5723.
---------------------------------------------------------------------------
SEC. 205.\6\ AUTHORITY AND RESPONSIBILITY.
(a) Responsible Management Entity.--The State of Alaska
Department of Fish and Game shall be the responsible management
entity for the United States for the purposes of any agreement
with Canada regarding management of salmon stocks originating
from the Yukon River in Canada.
---------------------------------------------------------------------------
\6\ 16 U.S.C. 5724.
---------------------------------------------------------------------------
(b) Effect of Designation.--The designation under
subsection (a) shall not be considered to expand, diminish, or
otherwise change the management authority of the State of
Alaska or the Federal Government with respect to fishery
resources.
(c) Recommendations of Panel.--In addition to
recommendations made by the Panel to the responsible management
entities in accordance with any agreement with Canada regarding
management of salmon stocks originating from the Yukon River in
Canada, the Panel may make recommendations concerning the
conservation and management of salmon originating in the Yukon
River to the Department of the Interior, the Department of
Commerce, the Department of State, the North Pacific Fishery
Management Council, and other Federal or State entities as
appropriate. Recommendations by the Panel shall be advisory in
nature.
SEC. 206.\7\ ADMINISTRATIVE MATTERS.
(a) Compensation.--Panel members and alternate Panel
members who are not State or Federal employees shall receive
compensation at the daily rate of GS-15 of the General Schedule
when engaged in the actual performance of duties.
---------------------------------------------------------------------------
\7\ 16 U.S.C. 5725.
---------------------------------------------------------------------------
(b) Travel and Other Necessary Expenses.--Travel and other
necessary expenses shall be paid by the Secretary of the
Interior for all Panel members, alternate Panel members, and
members of any advisory committee established under section 203
when engaged in the actual performance of duties.
(c) Treatment as Federal Employees.--Except for officials
of the United States Government, all Panel members, alternate
Panel members, and members of any advisory committee
established under section 203 shall not be considered to be
Federal employees while engaged in the actual performance of
duties, except for the purposes of injury compensation or tort
claims liability as provided in chapter 81 of title 5, United
States Code, and chapter 71 of title 28, United States Code.
SEC. 207.\8\ YUKON RIVER SALMON STOCK RESTORATION AND ENHANCEMENT
PROJECTS.
(a) In General.--The Secretary of the Interior, in
consultation with the Secretary of Commerce, may carry out
projects to restore or enhance salmon stocks originating from
the Yukon River in Canada and the United States.
---------------------------------------------------------------------------
\8\ 16 U.S.C. 5726.
---------------------------------------------------------------------------
(b) Cooperation with Canada.--If there is in effect an
agreement between the Government of the United States and the
Government of Canada for the conservation of salmon stocks
originating from the Yukon River in Canada that includes
provisions governing projects authorized under this section,
then--
(1) projects under this section shall be carried out
in accordance with that agreement; and
(2) amounts available for projects under this
section--
(A) shall be expended in accordance with the
agreement; and
(B) may be deposited in any joint account
established by the agreement to fund such
projects.
SEC. 208.\9\ AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
the Interior to carry out this title $4,000,000 for each of
fiscal years 2004 through 2008,\10\ of which--
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\9\ 16 U.S.C. 5727
\10\ Sec. 303 of Public Law 108-219 (118 Stat. 616) struck out
``2000, 2001, 2002, and 2003'' and inserted in lieu thereof ``2004
through 2008''.
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(1) such sums as are necessary shall be available
each fiscal year for travel expenses of Panel members,
alternate Panel members, United States members of the
Joint Technical Committee established by paragraph C.2
of the memorandum of understanding concerning the
Pacific Salmon Treaty between the Government of the
United States and the Government of Canada (recorded
January 28, 1985), and members of an advisory committee
established and appointed under section 203, in
accordance with Federal Travel Regulations and sections
5701, 5702, 5704 through 5708, and 5731 of title 5,
United States Code;
(2) such sums as are necessary shall be available for
the United States share of expenses incurred by the
Joint Technical Committee and any panel established by
any agreement between the Government of the United
States and the Government of Canada for restoration and
enhancement of salmon originating in Canada;
(3) up to 3,000,000 shall be available each fiscal
year for activities by the Department of the Interior
and the Department of Commerce for survey, restoration,
and enhancement activities related to salmon stocks
originating from the Yukon River in Canada, of which up
to $1,200,000 shall be available each fiscal year for
Yukon River salmon stock restoration and enhancement
projects under section 207(b); and
(4) $600,000 shall be available each fiscal year for
cooperative salmon research and management projects in
the portion of the Yukon River drainage located in the
United States that are recommended by the Panel.
TITLE III--FISHERY INFORMATION ACQUISITION \11\
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\11\ Title III is cited as the ``Fisheries Survey Vessel
Authorization Act of 2000''.
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* * * * * * *
TITLE IV--MISCELLANEOUS
* * * * * * *
e. Sustainable Fisheries Act
Partial text of Public Law 104-297 [S. 39], 110 Stat. 3559, approved
October 11, 1996
AN ACT To amend the Magnuson Fishery Conservation and Management Act to
authorize appropriations, to provide for sustainable fisheries, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Sustainable Fisheries Act''.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1801 note.
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(b) Table of Contents.--The table of contents for this Act
is as follows: * * *
SEC. 2. AMENDMENT OF MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of the Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.).
TITLE I--CONSERVATION AND MANAGEMENT
* * * * * * *
SEC. 105. FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS.
(a) * * *
(b) * * *
(c) * * *
(d) * * *
(e) Atlantic Herring Transshipment.--Within 30 days of
receiving an application, the Secretary shall, under section
204(d) of the Magnuson Fishery Conservation and Management
Act,\2\ as amended by this Act, issue permits to up to fourteen
Canadian transport vessels that are not equipped for fish
harvesting or processing, for the transshipment, within the
boundaries of the State of Maine or within the portion of the
exclusive economic zone east of the line 69 degrees 30 minutes
west and within 12 nautical miles from the seaward boundary of
that State, of Atlantic herring harvested by United States
fishermen within the area described and used solely in sardine
processing. In issuing a permit pursuant to this subsection,
the Secretary shall provide a waiver under section 201(h)(2)(C)
of the Magnuson Fishery Conservation and Management Act,\2\ as
amended by this Act: Provided, That such vessels comply with
Federal or State monitoring and reporting requirements for the
Atlantic herring fishery, including the stationing of United
States observers aboard such vessels, if necessary.
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\2\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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(f) * * *
(g) Russian Fishing in the Bering Sea.--No later than
September 30, 1997, the North Pacific Fishery Management
Council, in consultation with the North Pacific and Bering Sea
Advisory Body, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Resources of the House of Representatives a report describing
the institutional structures in Russia pertaining to stock
assessment, management, and enforcement for fishery harvests in
the Bering Sea, and recommendations for improving coordination
between the United States and Russia for managing and
conserving Bering Sea fishery resources of mutual concern.
* * * * * * *
f. Fishery Conservation Amendments of 1990
Partial text of Public Law 101-627 [H.R. 2061], 104 Stat. 4436,
approved November 28, 1990; as amended by Public Law 104-208
[Department of Commerce and Related Agencies Appropriations Act; title
II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110
Stat. 3009, approved September 30, 1996
AN ACT To authorize appropriations to carry out the Magnuson-Stevens
Fishery Conservation and Management Act \1\ through fiscal year 1993,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Note.--This Act amended the Magnuson-Stevens Fishery
Conservation and Management Act,\1\ the Atlantic Tunas
Convention Act of 1975, the Fishermen's Protective Act
of 1967, the Anadromous Fish Conservation Act, the
Interjurisdictional Fisheries Act of 1986, Central,
Western, and South Pacific Fisheries Development Act,
the Fish and Seafood Promotion Act of 1986, the Act of
August 11, 1939, and the Marine Mammal Protection Act
of 1972. Title VIII, relating to negotiations on the
export or import of anadromous fish or anadromous fish
products, is presented here. Title IX, the Dolphin
Protection Consumer Information Act, may be found at
page 251.
short title; table of contents
Section 1.\2\ (a) Short Title.--The Act may be cited as the
``Fishery Conservation Amendments of 1990''.
---------------------------------------------------------------------------
\1\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
\2\ 16 U.S.C. 1801 note.
---------------------------------------------------------------------------
(b) Table of Contents.--* * *
* * * * * * *
TITLE VIII--MISCELLANEOUS
certificate of legal origin for anadromous fish products
Sec. 801.\3\ (a) Negotiations.--Within 60 days after the
date of enactment of this act, the Secretary of States shall
commence negotiations with nations which import or export
anadromous fish or anadromous fish products for the purpose of
securing general agreement among such nations to implement
effective measures to prohibit international trade in
anadromous fish or anadromous fish products unless such fish or
fish products are accompanied by a valid certificate of legal
origin attesting that the fish or fish product was lawfully
harvested--
---------------------------------------------------------------------------
\3\ 16 U.S.C. 1822 note.
---------------------------------------------------------------------------
(1) within the jurisdiction of a nation having
naturally occurring or artificially established
anadromous fish populations of the same species as the
imported or export product; or
(2) on the high seas according to an international
agreement among nations with jurisdiction over more
than 1 percent of the stocks of anadromous fish being
so harvested.
(b) Issuance of Certificates.--For the purposes of
subsection (a), a valid certificate of legal origin may be
issued only by a nation which--
(1) is the nation having jurisdiction over the vessel
or other means by which the fish or fish product was
harvested; and
(2) maintains regular harvests of anadromous fish in
a manner consistent with the criteria for lawful
harvests set out in subsection (a).
(c) Bilateral or Multilateral Agreements.--Efforts
undertaken by the Secretary of State pursuant to subsection (a)
may, at the discretion of the Secretary, be directed toward
achieving either bilateral or multilateral agreements,
including trade agreements, whichever the Secretary determines
to be most likely to result in the earliest possible date or
dates of agreement by those nations which individually have in
excess of $1,000,000, or the equivalent, in import or export
trade in anadromous fish and anadromous fish products.
(d) Regulations.--The Secretary of Commerce shall, within
180 days after the date of enactment of this Act, promulgate
regulations providing for--
(1) the issuance of certificates of legal origin
pursuant to agreements under subsection (a) for
anadromous fish and anadromous fish products legally
harvested by vessels of the United States;
(2) the delegation of the authority to issue
certificates of legal origin to States, territories, or
possessions of the United States which the Secretary of
Commerce determines to have implemented a program which
is sufficient to accomplish the purposes of subsection
(a); and
(3) an orderly transition to such regulations,
sufficient to ensure that United States commerce in
anadromous fish and anadromous fish products is not
unduly disrupted.
(e) Report Required.--The Secretary of Commerce, after
consultation with the Secretary of the Treasury, shall, within
180 days after the date of enactment of this Act, submit to the
Congress a report--
(1) making recommendations as to the need for the
adoption of United States import and export
restrictions on anadromous fish and anadromous fish
products consistent with subsection (a); and
(2) identifying, evaluating, and making
recommendations regarding any specific statutory or
regulatory changes that may be necessary for the
adoption of such restrictions.
(f) Certification.--If, at any time following the
promulgation of the regulations required by subsection (d), the
Secretary of Commerce finds that any nation is engaging in
trade in unlawfully taken anadromous fish or anadromous fish
products, the Secretary shall certify that fact to the
President, which certification shall be deemed to be a
certification for the purposes of section 8(a)(1) of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)(1)).
* * * * * * *
g. Fishery Conservation Zone Transition Act, as amended
Partial text of Public Law 95-6, [H.J. Res. 240], 91 Stat. 14, approved
February 21, 1977; as amended by Public Law 95-8 [H.R. 3753], 91 Stat.
18, approved March 3, 1977; Public Law 95-73 [H.R. 5638], 91 Stat. 283,
approved July 26, 1977; Public Law 95-219 [H.R. 9794], 91 Stat. 1613,
approved December 28, 1977; Public Law 95-314 [H.R. 12571], 92 Stat.
376, approved July 1, 1978; Public Law 97-212 [H.R. 3816], 96 Stat. 143
at 148, approved June 30, 1982; Public Law 98-44 [S. 625], 97 Stat.
216, approved July 12, 1983; Public Law 98-364 [H.R. 4997], 98 Stat.
440 at 442, approved July 17, 1984; and Public Law 104-208 [Department
of Commerce and Related Agencies Appropriations Act; title II of sec.
101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009,
approved September 30, 1996
JOINT RESOLUTION To give congressional approval to certain governing
international fishery agreements negotiated in accordance with the
Magnuson-Stevens Fishery Conservation and Management Act,\1\ and for
other purposes.
---------------------------------------------------------------------------
\1\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
Whereas the Government of the United States of America and the
Governments of the People's Republic of Bulgaria, the
Socialist Republic of Romania, the Republic of China, the
German Democratic Republic, the Union of Soviet Socialist
Republics, and the Polish People's Republic have signed
governing international fishery agreements for the
conservation, optimum utilization, and rational management
of fisheries subject to the exclusive fishery management
jurisdiction of the United States under the Magnuson-
Stevens Fishery Conservation and Management Act \1\ (Public
Law 94-265) (hereinafter referred to as the ``Act''); and
Whereas the Act provides that after February 28, 1977, no
foreign fishing is authorized within the fishery
conservation zone, or for anadromous species or Continental
Shelf fishery resources beyond the fishery conservation
zone, unless (among other exceptions and requirements) such
foreign fishing is authorized and conducted pursuant to a
governing international fishery agreement; and
Whereas the Act also provides that no governing international
fishery agreement shall become effective with respect to
the United States before the close of the first 60 calendar
days of continuous session of the Congress after the date
on which the President transmits to the House of
Representatives and to the Senate a document setting forth
the text of such governing international agreement; and
Whereas the Act further provides that Congress may prohibit the
entering into force and effect of any governing
international fishery agreement by enactment of a joint
resolution originating in either House of Congress during
such 60-day period; and
Whereas, the sixty-day period will not elapse with respect to
any governing international fishery agreement, referred to
in the first clause of this preamble, before March 1, 1977,
the date on which the fishery conservation zone of the
United States takes effect; and
Whereas early congressional action on these governing
international fishery agreements is necessary in order that
fishing vessels of the foreign nations concerned may be
permitted to fish in the fishery conservation zone after
February 28, 1977, in compliance with such Act; and
Whereas these governing international fishery agreements
substantially comply with the requirements relating to such
agreements contained in section 201(c) of the Act: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That this joint
resolution may be cited as the ``Fishery Conservation Zone
Transition Act''.\2\
---------------------------------------------------------------------------
\2\ 16 U.S.C. 1801 note.
---------------------------------------------------------------------------
SEC. 2.\3\ CONGRESSIONAL APPROVAL OF CERTAIN GOVERNING INTERNATIONAL
FISHERY AGREEMENTS.
(a) \4\ Notwithstanding section 203 of the Magnuson-Stevens
Fishery Conservation and Management Act,\1\ the governing
international fishery agreement between the Government of the
United States of America and--
---------------------------------------------------------------------------
\3\ 16 U.S.C. 1823 note.
\4\ Sec. 10(a) of Public Law 97-212 (96 Stat. 148) added the
subsec. designation ``(a)'' and a new subsec. (b).
---------------------------------------------------------------------------
(1) the Government of the People's Republic of
Bulgaria Concerning Fisheries Off the Coasts of the
United States, as contained in the message to Congress
from the President of the United States dated January
14, 1974;
(2) the Government of the Socialist Republic of
Romania Concerning Fisheries Off the Coasts of the
United States, as contained in the message to Congress
from the President of the United States dated January
10, 1977;
(3) the Government of the Republic of China
Concerning Fisheries Off the Coasts of the United
States, as contained in the message to Congress from
the President of the United States dated January 10,
1977;
(4) the Government of the German Democratic Republic
Concerning Fisheries Off the Coasts of the United
States, as contained in the message to Congress from
the President of the United States dated January 10,
1977;
(5) the Government of the Union of Soviet Socialist
Republics Concerning Fisheries Off the Coasts of the
United States, as contained in the message to Congress
from the President of the United States dated January
10, 1977;
(6) the Government of the Polish People's Republic
Concerning Fisheries Off the Coasts of the United
States, as contained in the message to Congress from
the President of the United States dated September 16,
1976;
(7) \5\, \6\ the European Economic
Community Concerning Fisheries Off the Coasts of the
United States, as contained in the message to Congress
from the President of the United States dated February
21, 1977;
---------------------------------------------------------------------------
\5\ Public Law 95-8 (91 Stat. 18) added paras. (7), (8), (9), and
(10).
\6\ Sec. 106 of Public Law 98-364 (98 Stat. 442) provided the
following:
``Sec. 106. Notwithstanding any provisions of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), and upon
certification by the Secretary of State to the President of the Senate
and the Speaker of the House of Representatives that a new governing
international fishery agreement in conformity with such Act has been
negotiated by the United States and the European Economic Community,
the existing governing international fishery agreement referred to in
section 2(a)(7) of the Fishery Conservation Zone Transition Act (16
U.S.C. 1823, note) may be extended or reinstated, as the case may be,
and may be in force and effect with respect to the United States, for
the period of time ending on the earlier of (1) the effective date of
the new governing international fishery agreement, or (2) September 30,
1984.''.
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(8) \5\ the Government of Japan Concerning Fisheries
Off the Coasts of the United States (for 1977), as
contained in the message to Congress from the President
of the United States dated February 21, 1977;
(9) \5\, \7\ the Government of the
Republic of Korea Concerning Fisheries Off the Coasts
of the United States, as contained in the message to
Congress from the President of the United States dated
February 21, 1977;
---------------------------------------------------------------------------
\7\ Sec. 10(b) of Public Law 97-212 (96 Stat. 148) provided the
following:
``(b) Notwithstanding any provision of the Act entitled `An Act for
the conservation and management of the fisheries, and for other
purposes', dated April 13, 1976 (16 U.S.C. 1810 et seq.), the governing
international fishery agreements referred to in section 2(a) (9) and
(10) of the Fishery Conservation Zone Transition Act shall be extended,
and shall be in force and effect with respect to the United States, for
the period of time ending on--
---------------------------------------------------------------------------
``(1) the deadline for completion of Congressional review, pursuant to
section 203(a) of such 1976 Act, of any new governing international fishery
agreement signed, on or before July 31, 1982, by the United States and the
respective foreign government that is a party to the agreement in question;
or
``(2) July 31, 1982, if the United States and the respective foreign
government that is a party to the agreement in question fail to sign a new
governing international fishery agreement on or before that date.''.
(10) \5\, \7\ the Government of Spain
Concerning Fisheries Off the Coasts of the United
States, as contained in the message to Congress from
the President of the United States dated February 21,
1977; and
(11) \8\ the Government of Mexico Concerning
Fisheries Off the Coasts of the United States, as
contained in the message to Congress from the President
of the United States dated October 7, 1977;
---------------------------------------------------------------------------
\8\ Sec. 1 of Public Law 95-219 (91 Stat. 1613) added para. (11).
---------------------------------------------------------------------------
is hereby approved by the Congress as a governing international
fishery agreement for purposes of the Magnuson-Stevens Fishery
Conservation and Management Act.\1\ Each such agreement
referred to in paragraphs (1) through (6) shall enter into
force and effect with respect to the United States on the date
of the enactment of this joint resolution, and each such
agreement referred to in paragraphs (7) through (11) shall
enter into force and effect with respect to the United States
on February 27, 1977.\9\
---------------------------------------------------------------------------
\9\ Public Law 95-8 (91 Stat. 18) amended and restated this
sentence in order to reflect the additions of paras. (7) through (10).
Public Law 95-219 (91 Stat. 1613) further amended this sentence in
order to reflect the addition of para. (11).
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(b) \4\ Notwithstanding such section 203--
(1) the governing international fishery agreement
referred to the subsection (a)(5), as extended until
July 1, 1983 pursuant to the Diplomatic Notes referred
to in the message to the Congress from the President of
the United States dated May 11, 1982, is hereby
approved by the Congress as a governing international
fishery agreement for the purposes of such Act of 1976;
(2) the governing international fishery agreement
between the American Institute in Taiwan and the
Coordination Council for North American Affairs, as
contained in the message to the House of
Representatives and the Senate from the Secretary of
State dated June 15, 1982, is hereby approved by the
Congress as a governing international fishery agreement
for the purposes of the Act of 1976; and
(3) the governing international fishery agreement
referred to in subsection (a)(6), as extended until
July 1, 1983 pursuant to the Diplomatic Notes referred
to in the message to the Congress from the President of
the United States dated June 21, 1982, is hereby
approved by the Congress as a governing international
fishery agreement for the purposes of such Act of 1976.
Each such governing international fishery agreement shall enter
into force and effect with respect to the United States on July
1, 1982.
(c) \10\ Notwithstanding such section 203--
---------------------------------------------------------------------------
\10\ Sec. 105 of Public Law 98-44 (97 Stat. 217) added subsec. (c).
---------------------------------------------------------------------------
(1) the governing international fishery agreement
referred to in subsection (a)(5), as extended until
December 31, 1985,\11\ pursuant to the Diplomatic Notes
referred to in the message to the Congress from the
President of the United States dated May 8, 1984,\12\
is hereby approved by the Congress as a governing
international fishery agreement for the purposes of
such Act of 1976;
---------------------------------------------------------------------------
\11\ Sec. 105 of Public Law 98-364 (98 Stat. 442) struck out ``July
1, 1984'' and inserted in lieu thereof ``December 31, 1985''.
\12\ Sec. 105 of Public Law 98-364 (98 Stat. 442) struck out ``May
3, 1983'' and inserted in lieu thereof ``May 8, 1984''.
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(2) the governing international fishery agreement
referred to in subsection (a)(6), as extended until
December 31, 1985,\11\ pursuant to the Diplomatic Notes
referred to in the message to the Congress from the
President of the United States dated May 8, 1984,\12\
is hereby approved by the Congress as a governing
international fishery agreement for the purposes of
such Act of 1976; and
(3) the governing international fishery agreement
referred to in subsection (a)(4), as contained in the
message to the House of Representatives and the Senate
from the President of the United States dated May 3,
1983, is hereby approved by the Congress as a governing
international fishery agreement for the purposes of
such Act of 1976.
The government international fishery agreements referred to
in paragraphs (1) and (2) shall enter into force and effect
with respect to the United States on July 1, 1984; and the
governing international fishery agreement referred to in
paragraph (3) \13\ shall enter into force and effect with
respect to the United States on July 1, 1983.
---------------------------------------------------------------------------
\13\ Sec. 105 of Public Law 98-364 (98 Stat. 442) struck out ``Each
such governing international fishery agreement'' and inserted in lieu
thereof ``The government international fishery agreements referred to
in paragraphs (1) and (2) shall enter into force and effect with
respect to the United States on July 1, 1984; and the governing
international fishery agreement referred to in paragraph (3)''.
---------------------------------------------------------------------------
* * * * * * *
SEC. 4. REPEAL OF NORTHWEST ATLANTIC FISHERIES ACT OF 1950.
The Northwest Atlantic Fisheries Act of 1950 (16 U.S.C.
981-991) is repealed as of March 1, 1977.
SEC. 5.\14\ RECIPROCAL FISHERIES AGREEMENT BETWEEN THE UNITED STATES
AND CANADA.
(a) \15\ Congressional Approval.--The Congress hereby
approves the Reciprocal Fisheries Agreement for 1978 between
the Government of the United States and the Government of
Canada (hereinafter in this section referred to as the
``Agreement'') as contained in the message to Congress from the
President of the United States dated May 1, 1978. The Agreement
shall be in force and effect with respect to the United States
from January 1, 1978, until such later date in 1978 as may be
determined pursuant to the terms of the Agreement.
---------------------------------------------------------------------------
\14\ 16 U.S.C. 1823 note. Public Law 95-73 (91 Stat. 283) added
sec. 5.
\15\ Public Law 95-314 (92 Stat. 376) amended and restated subsec.
(a). Former subsec. (a) concerned congressional approval for a 1977
Reciprocal Fisheries Agreement between the United States and Canada.
---------------------------------------------------------------------------
(b) Application.--During the period when the Agreement is
in force and effect with respect to the United States--
(1) vessels and nationals of Canada may fish within
the fishery conservation zone, or for anadromous
species and Continental Shelf fishery resources beyond
such zone, but only pursuant to, and in accordance
with, the provisions of the Agreement; and
(2) title II of the Magnuson-Stevens Fishery
Conservation and Management Act \1\ (relating to
foreign fishing and international fishery agreements)
and section 307 of such Act of 1976 (relating to
prohibited acts) shall not apply with respect to
fishing within the fishery conservation zone, or for
anadromous species and Continental Shelf fishery
resources beyond such zone, by vessels and nationals of
Canada which is pursuant to, and in accordance with,
the provisions of the Agreement.
(c) Fishing Statistics.--(1) Any person who--
(A) owns or operates any fishing vessel which--
(i) is a vessel of the United States, and
(ii) engages in fishing to which the
Agreement applies; or
(B) directly or indirectly receives, or may receive,
fish to which the Agreement applies in the course of a
commercial activity in quantities determined by the
Secretary to be sufficient to assist in the carrying
out of this paragraph,
shall submit to the Secretary such statistics (including, but
not limited to, catch data) regarding such fishing or such
receipt of fish as are necessary to fulfill the obligations of
the United States under article XIII of the Agreement. The
Secretary, after consultation with the Secretary of State,
shall issue such regulations as are necessary and appropriate
to carry out the purposes of this paragraph. Section 303(d) of
the Magnuson-Stevens Fishery Conservation and Management Act
\1\ (relating to the confidentiality of statistics) shall apply
with respect to all statistics submitted under this paragraph.
(2) Any violation of paragraph (1), or of any regulation
issued pursuant to paragraph (1), by any person shall be deemed
to be an act prohibited by section 307 of the Magnuson-Stevens
Fishery Conservation and Management Act.\1\ Any person who
commits any such violation shall be liable to the United States
for a civil penalty as provided for in section 308 of such Act
of 1976. Sections 309 (relating to criminal offenses) and 310
(relating to civil forfeiture) of such Act of 1976 shall not
apply with respect to any such violation.
(d) Definitions.--As used in this section, the terms
``anadromous species'', ``Continental Shelf fishery
resources'', ``fishing conservation zone'',\16\ ``fishing'',
``fishing vessel'', ``Secretary'', and ``vessel of the United
States'' shall have the same respective meanings as are given
to such terms in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act.\1\
---------------------------------------------------------------------------
\16\ Sec. 101(c)(2) of Public Law 99-659 (100 Stat. 3707) struck
out ``exclusive economic zone'' and inserted in lieu thereof ``fishery
conservation zone''.
h. Deep Seabed Hard Mineral Resources Act
Public Law 96-283 [H.R. 2759], 94 Stat. 553, approved June 28, 1980; as
amended by Public Law 97-416 [H.R. 6120], 96 Stat. 2084, approved
January 4, 1983; Public Law 98-623 [H.R. 6342], 98 Stat. 3394 at 3408,
approved November 8, 1984; Public Law 99-507 [H.R. 4212], 100 Stat.
1847, approved October 21, 1986; Public Law 101-178 [H.R. 2120], 103
Stat. 1297, approved November 28, 1989; Public Law 104-208 [Department
of Commerce and Related Agencies Appropriations Act; title II of sec.
101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009,
approved September 30, 1996; and Public Law 107-273 [H.R. 2215], 116
Stat. 1758, approved November 2, 2002
AN ACT To establish an interim procedure for the orderly development of
hard mineral resources in the deep seabed, pending adoption of an
international regime relating thereto, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Deep Seabed Hard Mineral
Resources Act''.
---------------------------------------------------------------------------
\1\ 30 U.S.C. 1401 note.
---------------------------------------------------------------------------
SEC. 2.\2\ FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
\2\ 30 U.S.C. 1401.
---------------------------------------------------------------------------
(1) the United States' requirements for hard minerals
to satisfy national industrial needs will continue to
expand and the demand for such minerals will
increasingly exceed the available domestic sources of
supply;
(2) in the case of certain hard minerals, the United
States is dependent upon foreign sources of supply and
the acquisition of such minerals from foreign sources
is a significant factor in the national balance-of-
payments position;
(3) the present and future national interest of the
United States requires the availability of hard mineral
resources which is independent of the export policies
of foreign nations;
(4) there is an alternate source of supply, which is
significant in relation to national needs, of certain
hard minerals, including nickel, copper, cobalt, and
manganese, contained in the nodules existing in great
abundance on the deep seabed;
(5) the nations of the world, including the United
States, will benefit if the hard mineral resources of
the deep seabed beyond limits of national jurisdiction
can be developed and made available for their use;
(6) in particular, future access to the nickel,
copper, cobalt, and manganese resources of the deep
seabed will be important to the industrial needs of the
nations of the world, both developed and developing;
(7) on December 17, 1970, the United States supported
(by affirmative vote) the United Nations General
Assembly Resolution 2749 (XXV) declaring inter alia the
principle that the mineral resources of the deep seabed
are the common heritage of mankind, with the
expectation that this principle would be legally
defined under the terms of a comprehensive
international Law of the Sea Treaty yet to be agreed
upon;
(8) it is in the national interest of the United
States and other nations to encourage a widely
acceptable Law of the Sea Treaty, which will provide a
new legal order for the oceans covering a broad range
of ocean interests, including exploration for and
commercial recovery of hard mineral resources of the
deep seabed;
(9) the negotiations to conclude such a Treaty and
establish the international regime governing the
exercise of rights over, and exploration of, the
resources of the deep seabed, referred to in General
Assembly Resolution 2749 (XXV) are in progress but may
not be concluded in the near future;
(10) even if such negotiations are completed
promptly, much time will elapse before such an
international regime is established and in operation;
(11) development of technology required for the
exploration and recovery of hard mineral resources of
the deep seabed will require substantial investment for
many years before commercial production can occur, and
must proceed at this time if deep seabed minerals are
to be available when needed;
(12) it is the legal opinion of the United States
that exploration for and commercial recovery of hard
mineral resources of the deep seabed are freedoms of
the high seas subject to a duty of reasonable regard to
the interests of other states in their exercise of
those and other freedoms recognized by general
principles of international law;
(13) pending a Law of the Sea Treaty, and in the
absence of agreement among states on applicable
principles of international law, the uncertainty among
potential investors as to the future legal regime is
likely to discourage or prevent the investments
necessary to develop deep seabed mining technology;
(14) pending a Law of the Sea Treaty, the protection
of the marine environment from damage caused by
exploration or recovery of hard mineral resources of
the deep seabed depends upon the enactment of suitable
interim national legislation;
(15) a Law of the Sea Treaty is likely to establish
financial arrangements which obligate the United States
or United States citizens to make payments to an
international organization with respect to exploration
or recovery of the hard mineral resources of the deep
seabed; and
(16) legislation is required to establish an interim
legal regime under which technology can be developed
and the exploration and recovery of the hard mineral
resources of the deep seabed can take place until such
time as a Law of the Sea Treaty enters into force with
respect to the United States.
(b) Purposes.--The Congress declares that the purposes of
this Act are--
(1) to encourage the successful conclusion of a
comprehensive Law of the Sea Treaty, which will give
legal definition to the principle that the hard mineral
resources of the deep seabed are the common heritage of
mankind and which will assure, among other things,
nondiscriminatory access to such resources for all
nations;
(2) pending the ratification by, and entering into
force with respect to, the United States of such a
Treaty, to provide for the establishment of an
international revenue-sharing fund the proceeds of
which shall be used for sharing the international
community pursuant to such Treaty;
(3) to establish, pending the ratification by, and
entering into force with respect to, the United States
of such a Treaty, an interim program to regulate the
exploration for the commercial recovery of hard mineral
resources of the deep seabed by United States citizens;
(4) to accelerate the program of environmental
assessment of exploration for and commercial recovery
of hard mineral resources of the deep seabed and assure
that such exploration and recovery activities are
conducted in a manner which will encourage the
conservation of such resources, protect the quality of
the environment, and promote the safety of life and
property at sea; and
(5) to encourage the continued development of
technology necessary to recover the hard mineral
resources of the deep seabed.
SEC. 3.\3\ INTERNATIONAL OBJECTIVES OF THIS ACT.
(a) Disclaimer of Extraterritorial Sovereignty.--By the
enactment of this Act, the United States--
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\3\ 30 U.S.C. 1402.
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(1) exercises its jurisdiction over United States
citizens and vessels, and foreign persons and vessels
otherwise subject to its jurisdiction, in the exercise
of the high seas freedom to engage in exploration for,
and commercial recovery of, hard mineral resources of
the deep seabed in accordance with generally accepted
principles of international law recognized by the
United States; but
(2) does not thereby assert sovereignty of sovereign
or exclusive rights or jurisdiction over, or the
ownership of, any areas or resources in the deep
seabed.
(b) Secretary of State.--(1) The Secretary of State is
encouraged to negotiate successfully a comprehensive Law of the
Sea Treaty which, among other things, provides assured and
nondiscriminatory access to the hard mineral resources of the
deep seabed for all nations, gives legal definition to the
principle that the resources of the deep seabed are the common
heritage of mankind, and provides for the establishment of
requirements for the protection of the quality of the
environment as stringent as those promulgated pursuant to this
Act.
(2) Until such a Treaty is concluded, the Secretary of
State is encouraged to promote any international actions
necessary to adequately protect the environment from adverse
impacts which may result from any exploration for and
commercial recovery of hard mineral resources of the deep
seabed carried out by persons not subject to this Act.
SEC. 4.\4\ DEFINITIONS.
For purposes of this Act, the term--
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\4\ 30 U.S.C. 1403.
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(1) ``commercial recovery'' means--
(A) any activity engaged in at sea to recover
any hard mineral resource at a substantial rate
for the primary purpose of marketing or
commercially using such resource to earn a net
profit, whether or not such net profit is
actually earned;
(B) if such recovered hard mineral resource
will be processed at sea, such processing; and
(C) if the waste of such activity to recover
any hard mineral resource, or of such
processing at sea, will be disposed of at sea,
such disposal;
(2) ``Continental Shelf'' means--
(A) the seabed and subsoil of the submarine
areas adjacent to the coast, but outside the
area of the territorial sea, to a depth of 200
meters or, beyond that limit, to where the
depth of the superjacent waters admits of the
exploitation of the natural resources of such
submarine area; and
(B) the selected and subsoil of similar
submarine areas adjacent to the coast of
islands;
(3) ``controlling interest'', for purposes of
paragraph 14(C) of this section, means a director or
indirect legal or beneficial interest in or influence
over another person arising through ownership of
capital stock, interlocking directorates or officers,
contractual relations, or other similar means, which
substantially affect the independent business behavior
of such person;
(4) ``deep seabed'' means the seabed, and the subsoil
thereof to a depth of ten meters, lying seaward of and
outside--
(A) the Continental Shelf of any nation; and
(B) any area of national resource
jurisdiction of any foreign nation, if such
area extends beyond the Continental Shelf of
such nation and such jurisdiction is recognized
by the United States;
(5) ``exploration'' means--
(A) any at-sea observation and evaluation
activity which has, as its objective, the
establishment and documentation of--
(i) the nature, shape, concentration,
location, and tenor of a hard mineral
resource; and
(ii) the environmental, technical,
and other appropriate factors which
must be taken into account to achieve
commercial recovery; and
(B) the taking from the deep seabed of such
quantities of any hard mineral resource as are
necessary for the design, fabrication, and
testing of equipment which is intended to be
used in the commercial recovery and processing
of such resource;
(6) ``hard mineral resource'' means any deposit or
accretion on, or just below, the surface of the deep
seabed of nodules which include one or more minerals at
least one of which contains, manganese, nickel, cobalt,
or copper;
(7) ``international agreement'' means a comprehensive
agreement concluded through negotiations at the Third
United Nations Conference on the Law of the Sea,
relating to (among other matters) the exploration for
and commercial recovery of hard mineral resources and
the establishment of an international regime for the
regulation thereof;
(8) ``licensee'' means the holder of a license issued
under title I of this Act to engage in exploration;
(9) ``permittee'' means the holder of a permit issued
under title I of this Act to engage in commercial
recovery;
(10) ``person'' means any United States citizen, any
individual, and any other corporation, partnership,
joint venture, association, or other entity organized
or existing under the laws of any nation;
(11) ``reciprocating state'' means any foreign nation
designated as such by the Administration under section
118;
(12) ``Administrator'' means the administrator of the
National Oceanic and Atmospheric Administration;
(13) ``United States'' means the several States, the
District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, the United States Virgin Islands, Guam,
and any other Commonwealth, territory, or possession of
the United States; and
(14) ``United States citizen'' means--
(A) any individual who is a citizen of the
United States;
(B) any corporation, partnership, joint
venture, association, or other entity organized
or existing under the laws of any of the United
States; and
(C) any corporation, partnership, joint
venture, association, or other entity (whether
organized or existing under the laws of any of
the United States or a foreign nation) if the
controlling interest in such entity is held by
an individual or entity described in
subparagraph (A) or (B).
TITLE I--REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY UNITED
STATES CITIZENS
SEC. 101.\5\ PROHIBITED ACTIVITIES BY UNITED STATES CITIZENS.
(a) Prohibited Activities and Exceptions.--(1) No United
States citizen may engage in any exploration or commercial
recovery unless authorized to do so under--
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\5\ 30 U.S.C. 1411.
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(A) a license or a permit issued under this title;
(B) a license, permit, or equivalent authorization
issued by a reciprocating state; or
(C) an international agreement which is in force with
respect to the United States.
(2) The prohibitions of this subsection shall not apply to
any of the following activities:
(A) Scientific research, including that concerning
hard mineral resources.
(B) Mapping, or the taking of any geophysical,
geochemical, oceanographic, or atmospheric measurements
or random bottom samplings of the deep seabed, if such
taking does not significantly alter the surface or
subsurface of the deep seabed or significantly affect
the environment.
(C) The design, construction, or testing of equipment
and facilities which will or may be used for
exploration or commercial recovery, if such design,
construction, or testing is conducted on shore, or does
not involve the recovery of any incidental hard mineral
resources.
(D) The furnishing of machinery, products, supplies,
services, or materials for any exploration or
commercial recovery conducted under a license or permit
issued under this title, a license or permit or
equivalent authorization issued by a reciprocating
state, or under an international agreement.
(E) Activities, other than exploration or commercial
recovery activities, of the Federal Government.
(b) Existing Exploration.--(1) Subsection (a)(1)(A) shall
not be deemed to prohibit any United States citizen who is
engaged in exploration before the effective date of this Act
from continuing to engage in such exploration--
(A) if such citizen applies for a license under
section 103(a) with respect to such exploration within
such reasonable period of time, after the date on which
initial regulations to implement section 103(a) are
issued, as the Administrator shall prescribe; and
(B) until such license is issued to such citizen or a
final administrative or judicial determination is made
affirming the denial of certification of the
application for, or issuance of, such license.
(2) Notwithstanding paragraph (1), if the President by
Executive order determines that immediate suspension of
exploration activities is necessary for the reasons set forth
in section 106(a)(2)(B) or the Administrator determines that
immediate suspension of activities is necessary to prevent a
significant adverse effect on the environment or to preserve
the safety of life and property at sea, the Administrator is
authorized, notwithstanding any other requirement of this Act,
to issue an emergency order requiring any United States citizen
who is engaged in exploration before the effective date of this
Act to immediately suspend exploration activities. The issuance
of such emergency order is subject to judicial review as
provided in chapter 7 of title 5, United States Code.
(3) The timely filing of any application for a license
under paragraph (1)(A) shall entitle the applicant to priority
of right for the issuance of such license under section 103(b).
In any case in which more than one application referred to in
paragraph (1) is filed based on exploration plans required by
section 103(a)(2) which refer to all or part of the same deep
seabed area, the Administrator shall, in taking action on such
applications, apply principles of equity which take into
consideration, among other things, the date on which the
applicants or predecessors in interest, or component
organizations thereof, commenced exploration activities and the
continuity and extent of such exploration and amount of funds
expended with respect to such exploration.
(c) Interference.--No United States citizen may interfere
or participate in interference with any activity conducted by
any licensee or permittee which is authorized to be undertaken
under a license or permit issued by the United States to the
licensee or permittee under this Act or with any activity
conducted by the holder of, and authorized to be undertaken
under, a license or permit or equivalent authorization issued
by a reciprocating state for the exploration or commercial
recovery of hard mineral resources. United States citizens
shall exercise their rights on the high seas with reasonable
regard for the interests of other states in their exercise of
the freedoms of the high seas.
SEC. 102.\6\ LICENSES FOR EXPLORATION AND PERMITS FOR COMMERCIAL
RECOVERY.
(a) Authority To Issue.--Subject to the provisions of this
Act, the Administrator shall issue to applicants who are
eligible therefor licenses for exploration and permits for
commercial recovery.
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\6\ 30 U.S.C. 1412.
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(b) Nature of Licenses and Permits.--(1) A license or
permit issued under this title shall authorize the holder
thereof to engage in exploration or commercial recovery, as the
case may be, consistent with the provisions of this Act, the
regulations issued by the Administrator to implement the
provisions of this Act, and the specific terms, conditions, and
restrictions applied to the license or permit by the
Administrator.
(2) Any license or permit issued under this title shall be
exclusive with respect to the holder thereof as against any
other United States legal entity organized or existing under
the laws of, any reciprocating state.
(3) A valid existing license shall entitle the holder, if
otherwise eligible under the provisions of this Act and
regulations issued under this Act, to a permit for commercial
recovery. Such a permit recognizes the right of the holder to
recover hard mineral resources, and to own, transport, use, and
sell hard mineral resources recovered, under the permit and in
accordance with the requirements of this Act.
(4) In the event of interference with the exploration or
commercial recovery activities of a licensee or permittee by
nationals of other states, the Secretary of State shall use all
peaceful means to resolve the controversy by negotiation,
conciliation, arbitration, or resort to agreed tribunals.
(c) Restrictions.--(1) The Administrator may not issue--
(A) any license or permit after the date on which an
international agreement is ratified by and enters into
force with respect to the United States, except to the
extent that issuance of such license or permit is not
inconsistent with such agreement;
(B) any license or permit the exploration plan or
recovery plan of which, submitted pursuant to section
103(a)(2), would apply to an area to which applies, or
would conflict with, (i) any exploration plan or
recovery plan submitted with any pending application to
which priority of right for issuance applies under
section 103(b), (ii) any exploration plan or recovery
plan associated with any existing license or permit, or
(iii) any equivalent authorization which has been
issued, or for which formal notice of application has
been submitted, by a reciprocating state prior to the
filing date of any relevant application for licenses or
permits pursuant to this title;
(C) a permit authorizing commercial recovery within
any area of the deep seabed in which exploration is
authorized under a valid existing license if such
permit is issued to other than the licensee for such
area;
(D) any exploration license before July 1, 1981, or
any permit which authorizes commercial recovery to
commence before January 1, 1983;
(E) any license or permit the exploration plan or
recovery plan for which applies to any area of the deep
seabed if, within the 3-year period before the date of
application for such license or permit, (i) the
applicant therefor surrendered or relinquished such
area under an exploration plan or recovery plan
associated with a previous license or permit issued to
such applicant, or (ii) a license or permit previously
issued to the applicant had an exploration plan or
recovery plan which applied to such area and such
license or permit was revoked under section 106; or
(F) a license or permit, or approve the transfer of a
license or permit, except to a United States citizen.
(2) No permittee may use any vessel for the commercial
recovery of hard mineral resources or for the processing at sea
at hard mineral resources recovered under the permit issued to
the permittee unless the vessel is documented under the laws of
the United States.
(3) Each permittee shall use at least one vessel documented
under the laws of the United States for the transportation from
each mining site of hard mineral resources recovered under the
permit issued to the permittee.
(4) For purposes of the shipping laws of the United States,
any vessel documented under the laws of the United States and
used in the commercial recovery, processing, or transportation
from any mining site of hard mineral resources recovered under
a permit issued under this title shall be deemed to be used in,
and used in an essential service in, the foreign commerce of
foreign trade of the United States, as defined in section
905(a) of the Merchant Marine Act, 1936, and shall be deemed to
be a vessel as defined in section 1101(b) of that Act.
(5) Except as otherwise provided in this paragraph, the
processing on land of hard mineral resources recovered pursuant
to a permit shall be conducted within the United States;
Provided, That the President does not determine that such
restrictions contravene the overriding national interests of
the United States. The Administrator may allow the processing
of hard mineral resources at a place other than within the
United States if he finds, after opportunity for an agency
hearing, that--
(A) the processing of the quantity concerned of such
resource at a place other than within the United States
is necessary for the economic viability of the
commercial recovery activities of a permittee; and
(B) satisfactory assurances have been given by the
permittee that such resource, after processing, to the
extent of the permittee's ownership therein, will be
returned to the United States for domestic use, if the
Administrator so requires after determining that the
national interest necessitates such return.
SEC. 103.\7\ LICENSE AND PERMIT APPLICATIONS, REVIEW, AND
CERTIFICATION.
(a) Applications.--(1) Any United States citizen may apply
to the Administrator for the issuance of transfer of a license
for exploration or a permit for commercial recovery.
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\7\ 30 U.S.C. 1413.
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(2)(A) Applications for issuance or transfer of license for
exploration and permits for commercial recovery shall be made
in such form and manner as the Administrator shall prescribe in
general and uniform regulations and shall contain such relevant
financial, technical, and environmental information as the
Administrator may by regulations require as being necessary and
appropriate for carrying out the provisions of this title. In
accordance with such regulations, each applicant for the
issuance of a license shall submit an exploration plan as
described in subparagraph (B), and each applicant for a permit
shall submit a recovery plan as described in subparagraph (C).
(B) The exploration plan for a license shall set forth the
activities proposed to be carried out during the period of the
license, describe the area to be explored, and include the
intended exploration schedule and methods to be used, the
development and testing of systems for commercial recovery to
take place under the terms of the license, an estimated
schedule of expenditures, measures to protect the environment
and to monitor the effectiveness of environmental safeguards
and monitoring systems for commercial recovery, and such other
information as is necessary and appropriate to carry out the
provisions of this title. The area set forth in an exploration
plan shall be of sufficient size to allow for intensive
exploration.
(C) The recovery plan for a permit shall set forth the
activities proposed to be carried out during the period of the
permit, and shall include the intended schedule of commercial
recovery, environmental safeguards and monitoring systems,
details of the area or areas proposed for commercial recovery,
a resource assessment thereof, the methods and technology to be
used for commercial recovery and processing, the methods to be
used for disposal of wastes from recovery and processing, and
such other information as is necessary and appropriate to carry
out the provisions of this title.
(D) The applicant shall select the size and location of the
area of the exploration plan or recovery plan, which area shall
be approved unless the Administrator finds that--
(i) the area is not a logical mining unit; or
(ii) commercial recovery activities in the proposed
location would result in a significant adverse impact
on the quality of the environment which cannot be
avoided by the imposition of reasonable restrictions.
(E) For purposes of subparagraph (D), ``logical mining
unit'' means--
(i) in the case of a license for exploration, an area
of the deep seabed which can be explored under the
license in an efficient economical, and orderly manner
with due regard for conservation and protection of the
environment, taking into consideration the resource
data, other relevant physical and environmental
characteristics, and the state of the technology of the
applicant as set forth in the exploration plan; or
(ii) in the case of a permit, an area of the deep
seabed--
(I) in which hard mineral resources can be
recovered in sufficient quantities to satisfy
the permittee's estimated production
requirements over the initial 20-year term of
the permit in an efficient, economical, and
orderly manner with due regard for conservation
and protection of the environment, taking into
consideration the resource data, other relevant
physical and environmental characteristics, and
the state of the technology of the applicant
set out in the recovery plan;
(II) which is not larger than is necessary to
satisfy the permittee's estimated production
requirements over the initial 20-year term of
the permit; and
(III) in relation to which the permittee's
estimated production requirements are not found
by the Administrator to be unreasonable.
(b) Priority of Right for Issuance.--Subject to section
101(b), priority of right for the issuance of licenses to
applicants shall be established on the basis of the
chronological order in which license applications which are in
substantial compliance with the requirements established under
subsection (a)(2) of this section are filed with the
Administrator. Priority of right shall not be lost in the case
of any application filed which is in substantial but not full
compliance with such requirements if the applicant thereafter
brings the application into conformity with such requirements
within such reasonable period of time as the Administrator
shall prescribe in regulations.
(c) Eligibility for Certification.--Before the
Administrator may certify any application for issuance or
transfer of a license for exploration or permit for commercial
recovery, the Administrator must find in writing, after
consultation with other departments and agencies pursuant to
subsection (e) of this section, that--
(1) the applicant has demonstrated that, upon
issuance or transfer of the license or permit, the
applicant will be financially responsible to meet all
obligations which may be required of a licensee or
permittee to engage in the exploration or commercial
recovery proposed in the application;
(2) the applicant has demonstrated that, upon
issuance or transfer of the license or permit, the
applicant will have the technological capability to
engage in such exploration or commercial recovery;
(3) the applicant has satisfactorily fulfilled all
obligations under any license or permit previously
issued or transferred to the applicant under this Act;
and
(4) the proposed exploration plan or recovery plan of
the applicant meets the requirements of this Act and
the regulations issued under this Act.
(d) Antitrust Review.--(1) Whenever the Administrator
receives any application for issuance or transfer of a license
for exploration or permit for commercial recovery, the
Administrator shall transmit promptly a complete copy of such
application to the Attorney General of the United States and
the Federal Trade Commission.
(2) The Attorney General and the Federal Trade Commission
shall conduct such antitrust review of the application as they
deem appropriate and shall, if they deem appropriate, advise
the Administrator of the likely effects of such issuance or
transfer on competition.
(3) The Attorney General and the Federal Trade Commission
may make any recommendations they deem advisable to avoid any
action upon such application by the Administrator which would
create or maintain a situation inconsistent with the antitrust
laws. Such recommendations may include, without limitation, the
denial of issuance or transfer of the license or permit or
issuance or transfer upon such terms and conditions as may be
appropriate.
(4) Any advice or recommendation submitted by the Attorney
General or the Federal Trade Commission pursuant to this
subsection shall be submitted within 90 days after receipt by
them of the application. The Administrator shall not issue or
transfer the license or permit during that 90-day period,
except upon written confirmation by the Attorney General and
the Federal Trade Commission that neither intends to submit any
further advice or recommendation with respect to the
application.
(5) If the Administrator decides to issue or transfer the
license or permit with respect to which denial of the issuance
or transfer of the license or permit has been recommended by
the Attorney General or the Federal Trade Commission, or to
issue or transfer the license or permit without imposing those
terms and conditions recommended by the Attorney General or the
Federal Trade Commission as appropriate to prevent any
situation inconsistent with the antitrust laws, the
Administrator shall, prior to or upon issuance or transfer of
the license or permit, notify the Attorney General and the
Federal Trade Commission of the reasons for such decision.
(6) The issuance or transfer of a license or permit under
this title shall not be admissible in any way as a defense to
any civil or criminal action for violation of the antitrust
laws of the United States, nor shall it in any way modify or
abridge any private right of action under such laws.
(7) As used in this subsection, the term ``antitrust laws''
means the Act of July 2, 1890 (commonly known as the Sherman
Act; 15 U.S.C. 1-7); sections 73 through 76 \8\ of the Act of
August 27, 1894 (commonly known as the Wilson Tariff Act; 15
U.S.C. 8-11); the Clayton Act (15 U.S.C. 12 et seq.); the Act
of June 19, 1936 (commonly known as the Robinson-Patman Price
Discrimination Act; 15 U.S.C. 13-13b and 21a); and the Federal
Trade Commission Act (15 U.S.C. 41 et seq.).
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\8\ Sec. 14102(c)(2)(E) of Public Law 107-273 (116 Stat. 1921)
struck out ``77'' and inserted in lieu thereof ``76''.
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(e) Other Federal Agencies.--The Administrator shall
provide by regulation for full consultation and cooperation,
prior to certification of an application for the issuance or
transfer of any license for exploration or permit for
commercial recovery and prior to the issuance or transfer of
such a license or permit, with other Federal agencies or
departments which have programs or activities within their
statutory responsibilities which would be affected by the
activities proposed in the application for the issuance or
transfer of a license or permit. Not later than 30 days after
the date of enactment of this Act, the heads of any Federal
departments or agencies having expertise concerning, or
jurisdiction over, any aspect of the recovery or processing of
hard mineral resources shall transmit to the Administrator
written comments as to their expertise or statutory
responsibilities pursuant to this Act or any other Federal law.
To the extent possible, such agencies shall cooperate to reduce
the number of separate actions required to satisfy the
statutory responsibilities of these agencies. The Administrator
shall transmit to each such agency or department a complete
copy of each application and each such agency or department,
based on its legal responsibilities and authorities, may, not
later than 60 days after receipt of the application, recommend
certification of the application, issuance or transfer of the
license or permit, or denial of such certification, issuance,
or transfer. In any case in which an agency or department
recommends such a denial, it shall set forth in detail the
manner in which the area of responsibility and shall indicate
how the application may be amended, or how terms, conditions,
or restrictions might be added to the license or permit, to
assure compliance with such law or regulation.
(f) Review Period.--All time periods for the review of an
application for issuance or transfer of a license or permit
established pursuant to this section shall, to the maximum
extent practicable, run concurrently from the date on which the
application is received by the Administrator.
(g) Application Certification.--Upon making the applicable
determinations and findings required in sections 101, 102, and
this section with respect to any applicant for the issuance or
transfer of a license or a permit and the exploration or
commercial recovery proposed by such applicant, after
completion of procedures for receiving the application required
by this Act, and upon payment by the applicant of the fee
required under section 104, the Administrator shall certify the
application for the issuance or transfer of the license or
permit. The Administrator, to the maximum extent possible,
shall endeavor to complete certification action on the
application within 100 days after its submission. If final
certification or denial of certification has not occurred
within 100 days after submission of the application, the
Administrator shall inform the applicant in writing of the then
pending unresolved issues, the Administrator's efforts to
resolve them, and an estimate of the time required to do so.
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\9\ 30 U.S.C. 1414.
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SEC. 104.\9\ LICENSE AND PERMIT FEES.
No application for the issuance or transfer of a license
for exploration or permit for commercial recovery shall be
certified unless the applicant pays to the Administrator a
reasonable administrative fee which shall be deposited into
miscellaneous receipts of the Treasury. The amount of the
administrative fee imposed by the Administrator on any
applicant shall reflect the reasonable administrative costs
incurred in reviewing and processing the application.
SEC. 105.\10\ LICENSE AND PERMIT TERMS, CONDITIONS, AND RESTRICTIONS;
ISSUANCE AND TRANSFER OF LICENSES AND PERMITS.
(a) Eligibility for Issuance or Transfer of License or
Permit.--Before issuing or transferring a license for
exploration or permit for commercial recovery, the
Administrator must find in writing, after consultation with
interested departments and agencies pursuant to section 103(e),
and upon considering public comments received with respect to
the license or permit, that the exploration or commercial
recovery proposed in the application--
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\10\ 30 U.S.C. 1415.
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(1) will not unreasonably interfere with the exercise
of the freedoms of the high seas by other states, as
recognized under general principles of international
law;
(2) will not conflict with any international
obligation of the United States established by any
treaty or international convention in force with
respect to the United States;
(3) will not create a situation which may reasonably
be expected to lead to a breach of international peace
and security involving armed conflict;
(4) cannot reasonably be expected to result in a
significant adverse effect on the quality of the
environment, taking into account the analyses and
information in any applicable environmental impact
statement prepared pursuant to section 109(c) or
109(d); and
(5) will not pose an inordinate threat to the safety
of life and property at sea.
(b) Issuance and Transfer of Licenses and Permits With
Terms, Conditions, and Restrictions.--(1) Within 180 days after
certification of any application for the issuance or transfer
of a license or permit under section 103(g), the Administrator
shall propose terms and conditions for, and restrictions on,
the exploration or commercial recovery proposed in the
application which are consistent with the provisions of this
Act and regulations issued under this Act. If additional time
is needed, the Administrator shall notify the applicant in
writing of the reasons for the delay and indicate the
approximate date on which the proposed terms, conditions, and
restrictions will be completed. The Administrator shall provide
to each applicant a written statement of the proposed terms,
conditions, and restrictions. Such terms, conditions, and
restrictions shall be generally specified in regulations with
general criteria and standards to be used in establishing such
terms, conditions and restrictions for a license or permit and
shall be uniform in all licenses or permits, except to the
extent that differing physical and environmental conditions
require the establishment of special terms, conditions, and
restrictions for the conservation of natural resources,
protection of the environment, or the safety of life and
property at sea.
(2) After preparation and consideration of the final
environmental impact statement pursuant to section 109(d) on
the proposed issuance of a license or permit and subject to the
other provisions of this Act, the Administrator shall issue to
the applicant the license or permit with the terms, conditions,
and restrictions incorporated therein.
(3) The licensee or permittee to whom a license or permit
is issued or transferred shall be deemed to have accepted the
terms, conditions, and restrictions in the license or permit if
the licensee or permittee does not notify the Administrator
within 60 days after receipt of the license or permit of each
term, condition, and restriction with which the licensee or
permittee takes exception. The licensee or permittee, may, in
addition to such objections as may be raised under applicable
provisions of law, object to any term, condition, or
restriction on the ground that the term, condition, or
restriction is inconsistent with the Act or the regulations
promulgated thereunder. If, after the Administrator takes final
action on these objections, the licensee or permittee
demonstrates that a dispute remains on a material issue of
fact, the licensee or permittee is entitled to a decision on
record after the opportunity for an agency hearing pursuant to
sections 556 and 557 of title 5, United States Code. Any such
decision made by the Administrator shall be subject to judicial
review as provided in chapter 7 of title 5, United States Code.
(c) Modification and Revision of Terms, Conditions, and
Restrictions.--(1) After the issuance or transfer of any
license or permit under subsection (b), the Administrator,
after consultation with interested agencies and the licensee or
permittee, may modify any term, condition, or restriction in
such license or point--
(A) to avoid unreasonable interference with the
interests of other states in their exercise of the
freedoms of the high seas, as recognized under general
principles of international law;
(B) if relevant data and other information
(including, but not limited to, data resulting from
exploration or commercial recovery activities under the
license or permit) indicate that modification is
required to protect the quality of the environment or
to promote the safety of life and property at sea and
if such modification is consistent with the regulations
issued to carry out section 109(b);
(C) to avoid a conflict with any international
obligation of the United States, established by any
treaty or convention in force with respect to the
United States, as determined in writing by the
President; or
(D) to avoid any situation which may reasonably be
expected to lead to a breach of international peace in
writing by the President.
(2) During the term of a license or a permit, the licensee
or permittee may submit to the Administrator an application for
a revision of the license or permit or the exploration plan or
recovery plan associated with the license or permit. The
Administrator shall approve such application upon a finding in
writing that the revision will comply with the requirements of
this Act and the regulations issued under this Act.
(3) The Administrator shall establish, by regulation,
guidelines for a determination of the scale or extent of a
proposed modification or revision for which any or all license
or permit application requirements and procedures, including a
public hearing, shall apply. Any increase in the size of the
area, or any change in the location of an area, to which an
exploration plan or a recovery plan applies, except an
incidental increase or change, must be made by application for
another license or permit.
(4) The procedures set forth in subsection (b)(3) of this
section shall apply with respect to any modification under this
subsection in the same manner, and to the same extent, as if
such modification were an initial term, condition, or
restriction proposed by the Administrator.
(d) Prior Consultations.--Prior to making a determination
to issue, transfer, modify, or renew a license or permit under
this section, the Administrator shall consult with any affected
Regional Fishery Management Council established pursuant to
section 302 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852),\11\ if the activities
undertaken pursuant to such license or permit could adversely
affect any fishery within the Fishery Conservation Zone, or any
anadromous species or Continental Shelf fishery resource
subject to the exclusive management authority of the United
States beyond such zone.
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\11\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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SEC. 106.\12\ DENIAL OF CERTIFICATION OF APPLICATIONS AND OF ISSUANCE,
TRANSFER, SUSPENSION, AND REVOCATION OF LICENSES
AND PERMITS; SUSPENSION AND MODIFICATION OF
ACTIVITIES.
(a) Denial, Suspension, Modification, and Revocation.--(1)
The Administration may deny certification of an application for
the issuance or transfer of, and may deny the issuance or
transfer of, a license for exploration or permit for commercial
recovery if the Administrator finds that the applicant, or the
activities proposed to be undertaken by the applicant, do not
meet the requirements set forth in section 103(c), section
105(a), or in any other provision of this Act, or any
regulation issued under this Act, for the issuance or transfer
of a license or permit.
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\12\ 30 U.S.C. 1416.
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(2) The Administrator may--
(A) in addition to, or in lieu of, the imposition of
any civil penalty under section 302(a), or in addition
to the imposition of any fine under section 303,
suspend or revoke any license or permit issued under
this Act, or suspend or modify any particular
activities under such a license or permit, if the
licensee or permittee, as the case may be,
substantially fails to comply with any provision of
this Act, any regulation issued under this Act, or any
term, condition, or restriction of the license or
permit; and
(B) suspend or modify particular activities under any
license or permit, if the President determines that
such suspension or modification is necessary (i) to
avoid any conflict with any international obligation of
the United States established by any treaty or
convention in force with respect to the United States,
or (ii) to avoid any situation which may reasonably be
expected to lead to a breach of international peace and
security involving armed conflict.
(3) No action may be taken by the Administrator to deny
issuance or transfer of or to revoke any license or permit or,
except as provided in subsection (c), to suspend any license or
permit or suspend or modify particular activities under a
license or permit, unless the Administrator--
(A) publishes in the Federal Register and gives the
applicant, licensee, or permittee, as the case may be,
written notice of the intention of the Administrator to
deny the issuance or transfer of or to suspend, modify,
or revoke the license or permit and the reason
therefor; and
(B) if the reason for the proposed denial,
suspension, modification, or revocation is a deficiency
which the applicant, licensee, or permittee can
correct, affords the applicant, licensee, or permittee
a reasonable time, but not more than 180 days from the
date of the notice or such longer period as the
Administrator may establish for good cause shown, to
correct such deficiency.
(4) The Administrator shall deny issuance or transfer of,
or suspend or revoke, any license or permit or order the
suspension or modification of particular activities under a
license or permit--
(A) on the thirtieth day after the date of the notice
given to the applicant, licensee, or permittee under
paragraph (3)(A) unless before such day the applicant,
licensee, or permittee requests a review of the
proposed denial, suspension, modification, or
revocation; or
(B) on the last day of the period established under
paragraph (3)(B) in which the applicant, licensee, or
permittee must correct a deficiency, if such correction
has not been made before such day.
(b) Administrative Review of Proposed Denial, Suspension,
Modification, or Revocation.--Any applicant, licensee, or
permittee, as the case may be, who makes a timely request under
subsection (a) for review of a denial of issuance or transfer,
or a suspension or revocation, or a license for exploration or
permit for commercial recovery, or a suspension or modification
of particular activities under such a license or permit, is
entitled to an adjudication on the record after an opportunity
for an agency hearing with respect to such denial or
suspension, revocation, or modification.
(c) Effect on Activities; Emergency Orders.--The issuance
of any notice of proposed suspension or revocation of a license
for exploration or permit for commercial recovery or proposed
suspension or modification of particular activities under such
a license or permit shall not affect the continuation of
exploration or commercial recovery activities by the licensee
or permittee. The provisions of paragraphs (3) and (4) of
subsection (a) and the first sentence of this subsection shall
not apply when the President determines by Executive order that
an immediate suspension of a license for exploration or permit
for commercial recovery, or immediate suspension or
modification of particular activities under such a license or
permit, is necessary for the reasons set forth in subsection
(a)(2)(B), or the Administrator determines that an immediate
suspension of such a license or permit, or immediate suspension
or modification of particular activities under such a license
or permit, is necessary to prevent a significant adverse effect
on the environment or to preserve the safety of life and
property at sea, and the Administrator issues an emergency
order requiring such immediate suspension.
(d) Judicial Review.--Any determination of the
Administrator, after any appropriate administrative review
under subsection (b), to certify or deny certification of an
application for the issuance or transfer of, or to issue, deny
issuance of, transfer, deny the transfer of, modify, renew,
suspend, or revoke any license for exploration or permit for
commercial recovery, or suspend or modify particular activities
under such a license or permit, or any immediate suspension of
such a license or permit, or immediate suspension or
modification of particular activities under such a license or
permit, pursuant to subsection (c), is subject to judicial
review as provided in chapter 7 of title 5, United States Code.
SEC. 107.\13\ DURATION OF LICENSES AND PERMITS.
(a) Duration of a License.--Each license for exploration
shall be issued for a period of 10 years. If the license has
substantially complied with the license and the exploration
plan associated therewith and has requested extensions of the
license, the Administrator shall extend the license on terms,
conditions, and restrictions consistent with this Act and the
regulations issued under this Act for periods of not more than
5 years each.
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\13\ 30 U.S.C. 1417.
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(b) Duration of a Permit.--Each permit for commercial
recovery shall be issued for a term of 20 years and for so long
thereafter as hard mineral resources are recovered annually in
commercial quantities from the area to which the recovery plan
associated with the permit applies. The permit of any permittee
who is not recovering hard mineral resources in commercial
quantities at the end of 10 years shall be terminated; except
that the Administrator shall for good cause shown, including
force majeure, adverse economic conditions, unavoidable delays
in construction, major unanticipated vessel repairs that
prevent the permittee from conducting commercial recovery
activities during an annual period, or other circumstances
beyond the control of the permittee, extend the 10-year period,
but not beyond the initial 20-year term of the permit.
SEC. 108.\14\ DILIGENCE REQUIREMENTS.
(a) In General.--The exploration plan or recovery plan and
the terms, conditions, and restrictions of each, license and
permit issued under this title shall be designed to assure
diligent development. Each licensee shall pursue diligently the
activities described in the exploration plan of the licensee,
and each permittee shall pursue diligently the activities
described in the recovery plan of the permittee.
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\14\ 30 U.S.C. 1418.
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(b) Expenditures.--Each license shall require such periodic
reasonable expenditures for exploration by the licensee as the
Administrator shall establish, taking into account the size of
the area of the deep seabed to which the exploration plan
associated with the license applies and the amount of funds
which is estimated by the Administrator to be required for
commercial recovery of hard mineral resources to begin within
the time limit established by the Administrator. Such required
expenditures shall not be established at a level which would
discourage exploration by persons with less costly technology
than is prevalently in use.
(c) Commercial Recovery.--Once commercial recovery is
achieved, the Administrator shall, within reasonable limits and
taking into consideration all relevant factors, require the
permittee to maintain commercial recovery throughout the period
of the permit; except that the Administrator shall for good
cause shown, including force majeure, adverse economic
conditions, or other circumstances beyond the control of the
permittee, authorize the temporary suspension of commercial
recovery activities. The duration of such a suspension shall
not exceed one year at any one time, unless the Administrator
determines that conditions justify an extension of the
suspension.
SEC. 109.\15\ PROTECTION OF THE ENVIRONMENT.
(a) Environment Assessment.--(1) Deep ocean mining
environmental study (domes).--The Administrator shall expand
and accelerate the program assessing the effects on the
environment from exploration and commercial recovery
activities, including sea-based processing and the disposal at
sea of processing wastes, so as to provide an assessment, as
accurate as practicable, of environmental impacts of such
activities for the implementation of subsections (b), (c), and
(d).
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\15\ 30 U.S.C. 1419.
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(2) Supporting ocean research.--The Administrator also
shall conduct a continuing program of ocean research to support
environmental assessment activity through the period of
exploration and commercial recovery authorized by this Act. The
program shall include the development, acceleration, and
expansion, as appropriate, of studies of the ecological, and
physical aspects of the deep seabed in general areas of the
ocean where exploration and commercial development under the
authority of this Act are likely to occur, including, but not
limited to--
(A) natural diversity of the deep seabed biota;
(B) life histories of major benthic, midwater, and
surface organism most likely to be affected by
commercial recovery activities;
(C) long- and short-term effects of commercial
recovery on the deep seabed biota; and
(D) assessment of the effects of seabased processing
activities.
Within 160 days after the date of enactment of this Act, the
Administrator shall prepare a plan to carry out the program
described in this subsection, including necessary funding
levels for the next five fiscal years, and shall submit the
plan to the Congress.
(b) Terms, Conditions, and Restrictions.--Each license and
permit issued under this title shall contain such terms,
conditions, and restrictions, established by the Administrator,
which prescribe the actions the license or permittee shall take
in the conduct of exploration and commercial recovery
activities to assure protection of the environment. The
Administrator shall require in all activities under new
permits, and wherever practicable in activities under existing
permits, the use of the best available technologies for the
protection of safety, health, and the environment wherever such
activities would have a significant effect on safety, health,
or the environment, except where the Administrator determines
that the incremental benefits are clearly insufficient to
justify the incremental costs of using such technologies.
Before establishing such terms, conditions, and restrictions,
the Administrator shall consult with the Administrator of the
Environmental Protection Agency, the Secretary of State, and
the Secretary of the department in which the Coast Guard is
operating, concerning such terms, conditions, and restrictions,
and the Administrator shall take into account and give due
consideration to the information contained in each final
environmental impact statement prepared with respect to such
license or permit pursuant to subsection (d).
(c) Programmatic Environmental Impact Statement.--(1) If
the Administrator, in consultation with the Administrator of
the Environmental Protection Agency and with assistance of
other appropriate Federal agencies, determines that a
programmatic environmental impact statement is required, the
Administrator shall, as soon as practicable after the enactment
of this act, with respect to the areas of the oceans in which
any United States citizen is expected to undertake exploration
and commercial recovery under the authority of this Act--
(A) prepare and publish draft programmatic
environmental impact statements which assess the
environmental impacts of exploration and commercial
recovery in such areas;
(B) afford all interested parties a reasonable time
after such dates of publication to submit comments to
the Administrator on such draft statements; and
(C) thereafter prepare (giving full consideration to
all comments submitted under subparagraph (B)) and
publish final programmatic environmental impact
statements regarding such areas.
(2) With respect to the area of the oceans in which
exploration and commercial recovery by any United States
citizen will likely first occur under the authority of this
Act, the Administrator shall prepare a draft and final
programmatic environmental impact statement as required under
paragraph (1), except that--
(A) the draft programmatic environmental impact
statement shall be prepared and published as soon as
practicable but not later than 270 days (or such longer
period as the Administrator may establish for good
cause shown) after the date of enactment of this Act;
and
(B) the final programmatic environmental impact
statement shall be prepared and published within 180
days (or such longer period as the Administrator may
establish for good cause shown) after the date on which
the draft statement is published.
(d) Environmental Impact Statements on Issuance of Licenses
and Permits.--The issuance of, but not the certification of an
application for, any license or permit under this title shall
be deemed to be a major Federal action significantly affecting
the quality of the human environment for purposes of section
102 of the National Environmental Policy Act of 1969. In
preparing an environmental impact statement pursuant to this
subsection, the Administrator shall consult with the agency
heads referred to in subsection (b) and shall take into
account, and give due consideration to, the relevant
information contained in any applicable studies and any other
environmental impact statement prepared pursuant to this
section. Each draft environmental impact statement prepared
pursuant to this subsection shall be published, with the terms,
conditions, and restrictions proposed pursuant to section
105(d), within 180 days (or such longer period as the
Administrator may establish for good cause shown in writing)
following the date on which the application for the license or
permit concerned is certified by the Administrator. Each final
environmental impact statement shall be published 180 days (or
such longer period as the Administrator may establish for good
cause shown in writing) following the date on which the draft
environmental impact statement is published.
(e) Effect on Other Law.--For the purposes of this Act, any
vessel or other floating craft engaged in commercial recovery
or exploration shall not be deemed to be ``a vessel or other
floating craft'' under section 502(12)(B) of the Clean Water
Act and any discharge of a pollutant from such vessel or other
floating craft shall be subject to the Clean Water Act.
(f) Stable Reference Areas.--
(1) Within one year after the enactment of this Act
the Secretary of State shall, in cooperation with the
Administrator and as part of the international
consultations pursuant to subsection 118(f), negotiate
with all nations that are identified in such subsection
for the purpose of establishing international stable
reference areas in which no mining shall take place:
Provided, however, That this subsection shall not be
construed as requiring any substantial withdrawal of
deep seabed areas from deep seabed mining authorized by
this Act.
(2) Nothing in this Act shall be construed as
authorizing the United States to unilaterally establish
such reference area or areas nor shall the United
States recognize the unilateral claim to such reference
area or areas by any State.
(3) Within four years after the enactment of this
Act, the Secretary of State shall submit a report to
Congress on the progress of establishing such stable
reference areas, including the designation of
appropriate zones to insure a representative and stable
biota of the deep seabed.
(4) For purposes of this section ``stable reference
areas'' shall mean an area or areas of the deep seabed
to be used as a reference zone or zones for purposes of
resource evaluation and environmental assessment of
deep seabed mining in which no mining will occur.
SEC. 110.\16\ CONSERVATION OF NATURAL RESOURCES.
For the purpose of conservation of natural resources, each
license and permit issued under this title shall contain, as
needed, terms, conditions, and restrictions which have due
regard for the prevention of waste and the future opportunity
for the commercial recovery of the unrecovered balance of the
hard mineral resources in the area to which the license or
permit applies. In establishing these terms, conditions, and
restrictions, the Administrator shall consider the state of the
technology, the processing system utilized and the value and
potential use of any waste, the environmental effects of the
exploration or commercial recovery activities, economic and
resource data, and the national need for hard mineral
resources. As used in this Act, the term ``conservation of
natural resources'' is not intended to grant, imply, or create
any inference of production controls or price regulation, in
particular those which would affect the volume of production,
prices, profits, markets, or the decision of which minerals or
metals are to be recovered, except as such efforts may be
incidental to actions taken pursuant to this section.
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\16\ 30 U.S.C. 1420.
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SEC. 111.\17\ PREVENTION OF INTERFERENCE WITH OTHER USES OF THE HIGH
SEAS.
Each license and permit issued under this title shall
include such restrictions as may be necessary and appropriate
to ensure that exploration or commercial recovery activities
conducted by the licensee or permittee do not unreasonably
interfere with the interests of other states in their exercise
of the freedoms of the high seas, as recognized under general
principles of international law.
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\17\ 30 U.S.C. 1421.
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SEC. 112.\18\ SAFETY OF LIFE AND PROPERTY AT SEA.
(a) Conditions Regarding Vessels.--The Secretary of the
department in which the Coast Guard is operating, in
consultation with the Administrator, shall require in any
license or permit issued under this title, in conformity with
principles of international law, that vessels documented under
the laws of the United States and used in activities authorized
under the license or permit comply with conditions regarding
the design, construction, alteration, repair, equipment,
operation, manning, and maintenance relating to vessel and crew
safety and the promotion of safety of life and property at sea.
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\18\ 30 U.S.C. 1422.
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(b) Applicability of Other Laws.--Notwithstanding any other
provision of law, any vessel described in subsection (a) shall
be subject to the provisions of the International Voyage Load
Line Act of 1973, and to the provisions of titles 52 and 53 of
the Revised Statutes and all Acts amendatory thereof or
supplementary thereto.
SEC. 113.\19\ RECORDS, AUDITS, AND PUBLIC DISCLOSURE.
(a) Records and Audits.--(1) Each licensee and permittee
shall keep such records, consistent with standard accounting
principles, as the Administrator shall by regulation prescribe.
Such records shall include information which will fully
disclose expenditures for exploration and commercial recovery,
including processing of hard mineral resources, and such other
information as will facilitate an effective audit of such
expenditures.
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\19\ 30 U.S.C. 1423.
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(2) The Administrator and the Comptroller General of the
United States, or any of their duly authorized representatives
shall have access, for purposes of audit and examination, to
any books, documents, papers, and records of licensees and
permittees which are necessary and directly pertinent to verify
the expenditures referred to in paragraph (1).
(b) Submission of Data and Information.--Each licensee and
permittee shall be required to submit to the Administrator such
data or other information as the Administrator may reasonably
need for purposes of making determinations with respect to the
issuance, revocation, modification, or suspension of any
license or permit; compliance with the reporting requirement
contained in section 309; and evaluation of the exploration or
commercial recovery activities conducted by the licensee or
permittee.
(c) Public Disclosure.--Copies of any document, report,
communication, or other record maintained or received by the
Administrator containing data or information required under
this title shall be made available to any person upon any
request which (1) reasonably describes such record and (2) is
made in accordance with rules adopted by the Administrator
stating the time, place, fees (if any, not to exceed the direct
cost of the services rendered), and procedures to be followed,
except that neither the Administrator nor any other officer or
employee of the United States may disclose any data or
information knowingly and willingly required under this title
the disclosure of which is prohibited by section 1905 of title
18, United States Code. Any officer or employee of the United
States who discloses data or information in violation of this
subsection shall be subject to the penalties set forth in
section 303(b) of this Act.
SEC. 114.\20\ MONITORING OF ACTIVITIES OF LICENSEES AND PERMITTEES.
Each license and permit issued under this title shall
require the licensee or permittee--
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\20\ 30 U.S.C. 1424.
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(1) to allow the Administrator to place appropriate
Federal officers or employees as observers aboard
vessels used by the licensee or permittee in
exploration or commercial recovery activities (A) to
monitor such activities at such time, and to such
extent, as the Administrator deems reasonable and
necessary to assess the effectiveness of the terms,
conditions, and restrictions of the license or permit,
and (B) to report to the Administrator whenever such
officers or employees have reason to believe there is a
failure to comply with such terms, conditions, and
restrictions;
(2) to cooperate with such officers and employees in
the performance of monitoring functions; and
(3) to monitor the environmental effects of the
exploration and commercial recovery activities in
accordance with guidelines issued by the Administrator
and to submit such information as the Administrator
finds to be necessary and appropriate to assess
environmental impacts and to develop and evaluate
possible methods of mitigating adverse environmental
effects.
SEC. 115.\21\ RELINQUISHMENT, SURRENDER, AND TRANSFER OF LICENSES AND
PERMITS.
(a) Relinquishment and Surrender.--Any licensee or
permittee may at any time, without penalty--
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\21\ 30 U.S.C. 1425.
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(1) surrender to the Administrator a license or a
permit issued to the licensee or permittee; or
(2) relinquish to the Administrator, in whole or in
part, any right to conduct any exploration or
commercial recovery activities authorized by the
license or permit.
Any licensee or permittee who surrenders a license or permit,
or relinquishes any such right, shall remain liable with
respect to all violations and penalties incurred, and damage to
persons or property caused, by the licensee or permittee as a
result of activities engaged in by the licensee or permittee
under such license or permit.
(b) Transfer.--Any license or permit, upon written request
of the licensee or permittee, may be transferred by the
Administrator; except that no such transfer may occur unless
the proposed transferee is a United States citizen and until
the Administrator determines that (1) the proposed transfer is
in the public interest, and (2) the proposed transferee and the
exploration or commercial recovery activities the transferee
proposes to conduct meet the requirements of this Act and
regulations issued under this Act.
SEC. 116.\22\ PUBLIC NOTICE AND HEARINGS.
(a) Required Procedures.--The Administrator may issue
regulations to carry out this Act, establish and significantly
modify terms, conditions, and restrictions in licenses and
permits issued under this title, and issue or transfer licenses
and permits under this title, only after public notice and
opportunity for comment and hearings in accordance with the
following:
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\22\ 30 U.S.C. 1426.
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(1) The Administrator shall publish in the Federal
Register notice of all applications for licenses and
permits, all proposals to issue or transfer licenses
and permits, all regulations implementing this Act, and
terms, conditions, and restrictions on licenses and
permits, and all proposals to significantly modify
licenses and permits. Interested persons shall be
permitted to examine the materials relevant to any of
these actions, and shall have at least 60 days after
publication of such notice to submit written comments
to the Administrator.
(2) The Administrator shall hold a public hearing in
an appropriate location and may employ such additional
methods as the Administrator deems appropriate to
inform interested persons about each action specified
in paragraph (1) and to invite their comments thereon.
(b) Adjudicatory Hearing.--If the Administrator determines
that there exists one or more specific and material factual
issues which require resolution by formal process, as least one
adjudicatory hearing shall be held in the District of Columbia
in accordance with the provisions of section 554 of title 5,
United States Code. The record developed in any such
adjudicatory hearing shall be part of the basis for the
Administrator's decision to take any action referred to in
subsection (a). Hearings held pursuant to this section shall be
consolidated insofar as practicable with hearings held by other
agencies.
SEC. 117.\23\ CIVIL ACTIONS.
(a) Equitable Relief.--Except as provided in subsection (b)
of this section, any person may commence a civil action for
equitable relief on that person's behalf in the United States
District Court for the District of Columbia--
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\23\ 30 U.S.C. 1427.
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(1) against any person who is alleged to be in
violation of any provision of this Act or any condition
of a license or permit issued under this title; or
(2) against the Administrator when there is alleged a
failure of the Administrator to perform any act or duty
under this Act which is not discretionary.
if the person bringing the action has a valid legal interest
which is or may be adversely affected by such alleged violation
or failure to perform. In suits brought under this subsection,
the district court shall have jurisdiction, without regard to
the amount in controversy or the citizenship of the parties, to
enforce the provisions of this Act, or any term, condition, or
restriction of a license or permit issued under this title, or
to order the Administration to perform such act or duty.
(b) Notice.--No civil action may be commenced--
(1) under subsection (a)(1) of this section--
(A) prior to 60 days after the plaintiff has
given notice of the alleged violation to the
Administrator and to any alleged violator; or
(B) if the Administrator or the Attorney
General has commenced and is diligently
prosecuting a civil or criminal action with
respect to the alleged violation in a court of
the United States; except that in any such
civil action, any person having a valid legal
interest which is or may be adversely affected
by the alleged violation may intervene; or
(2) under subsection (a)(2) of this section, prior to
60 days after the plaintiff has given notice of such
action to the Administrator.
Notice under this subsection shall be given in such a manner as
the Administrator shall prescribe by regulation.
(c) Costs and Fees.--The court, in issuing any final order
in any action brought under subsection (a) of this section, may
award costs of litigation, including reasonable attorney and
expert witness fees, to any party whenever the court determines
that such an award is appropriate.
(d) Relationship to Other Law.--Nothing in this section
shall restrict the rights which any person or class of persons
may have under other law to seek enforcement or to seek any
other relief. All vessel safety and environmental requirements
of or under this Act shall be in addition to other requirements
of law.
SEC. 118.\24\ RECIPROCATING STATES.
(a) Designation.--The Administrator, in consultation with
the Secretary of State and the heads of other appropriate
departments and agencies, may designate any foreign nation as a
reciprocating state if the Secretary of State finds that such
foreign nation--
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\24\ 30 U.S.C. 1428.
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(1) regulates the conduct of its citizens and other
persons subject to its jurisdiction engaged in
exploration for, and commercial recovery of, hard
mineral resources of the deep seabed in a manner
compatible with that provided in this Act and the
regulations issued under this act, which includes
adequate measures for the protection of the
environment, the conservation of natural resources, and
the safety of life and property at sea, and includes
effective enforcement provisions;
(2) recognizes licenses and permits issued under this
title to the extent that such nation, under its laws,
(A) prohibits any person from engaging in exploration
or commercial recovery which conflicts with that
authorized under any such license or permit and (B)
complies with the date for issuance of licenses and the
effective date for permits provided in section
102(c)(1)(D) of this Act;
(3) recognizes, under its procedures, priorities of
right, consistent with those provided in this Act and
the regulations issued under this Act, for applications
for licenses for exploration or permits for commercial
recovery, which applications are made either under its
procedures or under this Act; and
(4) provides an interim legal framework for
exploration and commercial recovery which does not
unreasonably interfere with the interests of other
states in their exercise of the freedoms of the high
seas, as recognized under general principles of
international law.
(b) Effect of Designation.--No license or permit shall be
issued under this title permitting any exploration or
commercial recovery which will conflict with any license,
permit, or equivalent authorization issued by any foreign
nation which is designated as a reciprocating state under
subsection (a).
(c) Notification.--Upon receipt of any application for a
license or permit under this title, the Administrator shall
immediately notify all reciprocating states of such
application. The notification shall include those portions of
the exploration plan or recovery plan submitted with respect to
the application, or a summary thereof, and any other
appropriate information not required to be withheld from public
disclosure by section 113(c).
(d) Revocation of Reciprocating State Status.--The
Administrator, in consultation with the Secretary of State and
the heads of other appropriate departments and agencies, shall
revoke the designation of a foreign nation as a reciprocating
state if the Secretary of State finds that such foreign nation
no longer complies with the requirements of subsection (a). At
the request of any holder of a license, permit, or equivalent
authorization of such foreign nation, who obtained the license,
permit, or equivalent authorization while such foreign nation
was a reciprocating state, the Administrator, in consultation
with the Secretary of State, may decide to recognize the
license, permit, or equivalent authorization for purposes of
subsection (b).
(e) Authorization.--The President is authorized to
negotiate agreements with foreign nations necessary to
implement this section.
(f) International Consultations.--The Administrator, in
consultation with the Secretary of State and the heads of other
appropriate departments and agencies, shall consult with
foreign nations which enact, or are preparing to enact,
domestic legislation establishing an interim legal framework
for exploration and commercial recovery of hard mineral
resources. Such consultations shall be carried out with a view
to facilitating the designation of such nations as
reciprocating states and, as necessary, the negotiation of
agreements with foreign nations authorized by subsection (e).
In addition, the Administrator shall provide such foreign
nations with information on environmental impacts of
exploration and commercial recovery activities, and shall
provide any technical assistance requested in designating
regulatory measures to protect the environment.
TITLE II--TRANSITION TO INTERNATIONAL AGREEMENT
SEC. 201.\25\ DECLARATION OF CONGRESSIONAL INTENT.
It is the intent of Congress--
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\25\ 30 U.S.C. 1441.
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(1) that any international agreement to which the
United States becomes a party should, in addition to
promoting other national oceans objectives--
(A) provide assured and nondiscriminatory
access, under reasonable terms and conditions,
to the hard mineral resources of the deep
seabed for United States citizens, and
(B) provide security of tenure by recognizing
the rights of United States citizens who have
undertaken exploration or commercial recovery
under title I before such agreement enters into
force with respect to the United States to
continue their operations under terms,
conditions, and restrictions which do not
impose significant new economic burdens upon
such citizens with respect to such operations
with the effect of preventing the continuation
of such operations on a viable economic basis;
(2) that the extent to which any such international
agreement conforms to the provisions of paragraph (1)
should be determined by the totality of the provisions
of such agreement, including, but not limited to, the
practical implications for the security of investments
of any discretionary powers granted to an international
regulatory body, the structures and decisionmaking
procedures of such body, the availability of impartial
and effective procedures for the settlement of
disputes, and any features that tend to discriminate
against exploration and commercial recovery activities
undertaken by United States citizens; and
(3) that this Act should be transitional pending--
(A) the adoption of an international
agreement at the Third United Nations
Conference on the Law of the Sea, and the
entering into force of such agreement, or
portions thereof, with respect to the United
States, or
(B) if such adoption is not forthcoming, the
negotiation of a multilateral or other treaty
concerning the deep seabed, and the entering
into force of such treaty with respect to the
United States.
SEC. 202.\26\ EFFECT OF INTERNATIONAL AGREEMENT.
If an international agreement enters into force with
respect to the United States, any provision of title I, this
title, or title III, and any regulation issued under any such
provision, which is not inconsistent with such international
agreement shall continue in effect with respect to United
States citizens. In the implementation of such international
agreement the Administrator, in consultation with the Secretary
of State, shall make every effort, to the maximum extent
practicable consistent with the provisions of that agreement,
to provide for the continued operation of exploration and
commercial recovery activities undertaken by United States
citizens prior to entry into force of the agreement. The
Administrator shall submit to the Congress, within one year
after the date of such entry into force, a report on the
actions taken by the Administrator under this section, which
report shall include, but not be limited to--
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\26\ 30 U.S.C. 1442.
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(1) a description of the status of deep seabed mining
operations of United States citizens under the
international agreement; and
(2) an assessment of whether United States citizens
who were engaged in exploration or commercial recovery
on the date such agreement entered into force have been
permitted to continue their operations.
SEC. 203.\27\ PROTECTION OF INTERIM INVESTMENTS.
In order to further the objectives set forth in section
201, the Administrator, not more than one year after the date
of enactment of this Act--
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\27\ 30 U.S.C. 1443.
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(1) shall submit to the Congress proposed legislation
necessary for the United States to implement a system
for the protection of interim investments that has been
adopted as part of an international agreement and any
resolution relating to such international agreement; or
(2) if a system for the protection of interim
investments has not been so adopted, shall report to
the Congress on the status of negotiations relating to
the establishment of such a system.
SEC. 204.\28\ DISCLAIMER OF OBLIGATIONS TO PAY COMPENSATION.
Sections 201 and 202 of this Act do not create or express
any legal or moral obligation on the part of the United States
Government to compensate any person for any impairment of the
value of that person's investment in any operation for
exploration or commercial recovery under title I which might
occur in connection with the entering into force of an
international agreement with respect to the United States.
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\28\ 30 U.S.C. 1444.
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TITLE III--ENFORCEMENT AND MISCELLANEOUS PROVISIONS
SEC. 301.\29\ PROHIBITED ACTS.
It is unlawful for any person who is a United States
citizen, or a foreign national on board a vessel documented or
numbered under the laws of the United States, or subject to the
jurisdiction of the United States under a reciprocating state
agreement negotiated under section 118(e)--
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\29\ 30 U.S.C. 1461.
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(1) to violate any provision of this act, any
regulation issued under this Act, or any term,
condition, or restriction of any license or permit
issued to such person under this Act;
(2) to engage in exploration or commercial recovery
after the revocation, or during the period of
suspension, of an applicable license or permit issued
under this Act, to engage in a particular exploration
or commercial recovery activity during the period such
activity has been suspended under this Act, or to fail
to modify a particular exploration or commercial
recovery activity for which modification was required
under this Act;
(3) to refuse to permit any Federal officer or
employee authorized to monitor or enforce the
provisions of this Act, as provided in sections 114 and
304, to board a vessel documented or numbered under the
laws of the United States, or any vessel for which such
boarding is authorized by a treaty or executive
agreement, for purposes of conducting any search or
inspection in connection with the monitoring or
enforcement of this Act or any regulation, term,
condition, or restriction referred to in paragraph (1);
(4) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized
officer or employee in the conduct of any search or
inspection described in paragraph (3);
(5) to resist a lawful arrest for any act prohibited
by this section;
(6) to ship, transport, offer for sale, sell,
purchase, import, export, or have custody, control, or
possession of any hard mineral resource recovered,
processed, or retained in violation of this Act or any
regulation, term, condition, or restriction referred to
in paragraph (1); or
(7) to interfere with, delay, or prevent, by any
means, the apprehension or arrest of any other person
subject to this section knowing that such other person
has committed any act prohibited by this section.
SEC. 302.\30\ CIVIL PENALTIES.
(a) Assessment of Penalty.--Any person subject to section
301 who is found by the Administrator, after notice and an
opportunity for a hearing in accordance with section 554 of
title 5, United States Code, to have committed any act
prohibited by section 301 shall be liable to the United States
for a civil penalty. The amount of the civil penalty shall not
exceed $25,000 for each violation. Each day of a continuing
violation shall constitute a separate offense. The amount of
such civil penalty shall be assessed by the Administrator by
written notice. In determining the amount of such penalty, the
Administrator shall take into account the nature,
circumstances, extent, and gravity of the prohibited act
committed and, with respect to the violator, any history or
prior offenses, good faith demonstrated in attempting to
achieve timely compliance after being cited for the violation,
and other matters as justice may require.
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\30\ 30 U.S.C. 1462.
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(b) Review of Civil Penalty.--Any person subject to section
301 against whom a civil penalty is assessed under subsection
(a) may obtain review thereof in an appropriate district court
of the United States by filing a notice of appeal in such court
within 30 days from the date of such order and by
simultaneously sending a copy of such notice by certified mail
to the Administrator. The Administrator shall promptly file in
such court a certified copy of the record which the particular
violation was found and such penalty was imposed, as provided
in section 2112 of title 28, United States Code. The findings
and order of the Administrator shall be set aside by such court
if they are not found to be supported by substantial evidence
as provided in section 706(2)(E) of title 5, United States
Code.
(c) Action Upon Failure To Pay Assessment.--If any person
subject to section 301 fails to pay a civil penalty assessed
against such person after the penalty has become final, or
after the appropriate court has entered final judgment in favor
of the Administrator, the Administrator shall refer the matter
to the Attorney General of the United States, who shall recover
the civil penalty assessed in any appropriate district court of
the United States. In such action, the validity and
appropriateness of the final order imposing the civil penalty
shall not be subject to review.
(d) Compromise or Other Action by the Administrator.--The
Administrator may compromise, modify, or remit, with or without
conditions, any civil penalty which is subject to imposition or
which has been imposed under this section unless an action
brought under subsection (b) or (c) is pending in a court of
the United States.
SEC. 303.\31\ CRIMINAL OFFENSE.
(a) Offense.--A person subject to section 301 is guilty of
an offense if such person willfully and knowingly commits any
act prohibited by section 301.
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\31\ 30 U.S.C. 1463.
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(b) Punishment.--Any offense described in paragraphs (1),
(2), and (6) of section 301 is punishable by a fine of not more
than $75,000 for each day during which the violation continues.
Any offense described in paragraphs (3), (4), (5), and (7) of
section 301 is punishable by a fine of not more than $75,000 or
imprisonment for not more than six months, or both. If, in the
commission of any offense, the person subject to the
jurisdiction of the United States uses a dangerous weapon,
engages in conduct that causes bodily injury to any Federal
officer or employee, or places any such Federal officer or
employee in fear of imminent bodily injury, the offense is
punishable by a fine of not more than $100,000 or imprisonment
for not more than ten years, or both.
SEC. 304.\32\ ENFORCEMENT.
(a) Responsibility.--Subject to the other provisions of
this subsection, the Administrator shall enforce the provisions
of this Act. The Secretary of the department in which the Coast
Guard is operating shall exercise such other enforcement
responsibilities with respect to vessels subject to the
provisions of this Act as are authorized under other provisions
of law and may, upon the specific request of the Administrator,
assist the Administrator in the enforcement of the provisions
of this Act. The Secretary of the department in which the Coast
Guard is operating shall have the exclusive responsibility for
enforcement measures which affect the safety of life and
property at sea. The Administrator and the Secretary of the
department in which the Coast Guard is operating may, by
agreement, on a reimbursable basis or otherwise, utilize the
personnel, services, equipment, including aircraft and vessels,
and facilities of any other Federal agency or department, and
may authorize officers or employees of other departments or
agencies to provide assistance as necessary in carrying out
subsection (b). While providing such assistance, these officers
and employees shall be under the control, authority, and
supervision of the Coast Guard. The Administrator and the
Secretary of the department in which the Coast Guard is
operating may issue regulations jointly or severally as may be
necessary and appropriate to carry out their duties under this
section.
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\32\ 30 U.S.C. 1464.
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(b) Powers of Authorized Officers.--To enforce this Act on
board any vessel subject to the provisions of the Act, any
officer who is authorized by the Administrator or by the
Secretary of the department in which the Coast Guard is
operating may--
(1) board and inspect any vessel which is subject to
the provisions of this Act;
(2) search any such vessel if the officer has
reasonable cause to believe that the vessel has been
used or employed in the violation of any provision of
this Act;
(3) arrest any person subject to section 301 if the
officer has reasonable cause to believe that the person
has committed a criminal offense under section 303;
(4) seize any such vessel together with it gear,
furniture, appurtenances, stores, and cargo, used or
employed in, or with respect to which it reasonably
appears that such vessel was used or employed in, the
violation of any provision of this Act if such seizure
is necessary to prevent evasion of the enforcement of
this Act;
(5) seize any hard mineral resource recovered or
processed in violation of any provision of this Act;
(6) seize any other evidence related to any violation
of any provision of this Act;
(7) execute any warrant or other process issued by
any court of competent jurisdiction; and
(8) exercise any other lawful authority.
(c) Definition.--For purposes of this section, the term
``provisions of this Act'' or ``provision of this Act'' means
(1) any provision of title I or II or this title, (2) any
regulation issued under title I, title II, or this title, and
(3) any term, condition, or restriction of any license or
permit issued under title I.
(d) Proprietary Information.--Proprietary and privileged
information seized or maintained under this title concerning a
person or vessel engaged in exploration or commercial recovery
shall not be made available for general or public use or
inspection. The Administrator and the Secretary of the
department in which the Coast Guard is operating shall issue
regulations to insure the confidentiality of privileged and
proprietary information.
SEC. 305.\33\ LIABILITY OF VESSELS.
Any vessel documented or numbered under the laws of the
United States (except a public vessel engaged in noncommercial
activities) which is used in any violation of this Act, any
regulation issued under this Act, or any term, condition, or
restriction of any license or permit issued under title I shall
be liable in rem for any civil penalty assessed or criminal
fine imposed and may be proceeded against in any district court
of the United States having jurisdiction thereof.
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\33\ 30 U.S.C. 1465.
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SEC. 306.\34\ CIVIL FORFEITURES.
(a) In General.--Any vessel subject to the provisions of
sections 304 and 305, including its gear, furniture,
appurtenances, stores, and cargo, which is used, in any manner,
in connection with or as a result of the commission of any act
prohibited by section 301 and any hard mineral resource which
is recovered, processed, or retained, in any manner, in
connection with or as a result of any such act, shall be
subject to forfeiture to the United States. All or part of such
vessel, and all such hard mineral resources, may be forfeited
to the United States pursuant to a civil proceeding under this
section. All provisions of law relating to the seizure,
judicial forfeiture, and condemnation of a vessel or cargo for
violation of the customs laws, and the disposition of the
vessel, cargo, or proceeds from the sale thereof and the
remission or mitigation of such forfeitures shall apply to
seizures and forfeitures incurred or alleged to have been
incurred under the provisions of this section insofar as such
provisions of law are applicable and not inconsistent with this
Act.
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\34\ 30 U.S.C. 1466.
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(b) Jurisdiction of Courts.--Any district court of the
United States which has jurisdiction under section 307 shall
have jurisdiction, upon application by the Attorney General on
behalf of the United States, to order any forfeiture authorized
under subsection (a) and any action provided for under
subsection (d).
(c) Judgment.--If a judgment is entered for the United
States in a civil forfeiture proceeding under this section, the
Attorney General may seize any property or other interest
declared forfeited to the United States which has not
previously been seized pursuant to this Act or for which
security has not previously been obtained under subsection (d).
(d) Procedure.--Any officer authorized to serve any process
in rem which is issued by a court having jurisdiction under
section 307 shall stay the execution of such process, or
discharge any property seized pursuant to such process, upon
the receipt of a satisfactory bond or other security from any
person subject to section 301 claiming such property. Such bond
or other security shall be conditioned upon such person (1)
delivering such property to the appropriate court upon order
thereof, without any impairment of its value; or (2) paying the
monetary value of such property pursuant to any order of such
court. Judgment shall be recoverable on such bond or other
security against both the principal and any sureties in the
event that any condition thereof is breached, as determined by
such court.
(e) Rebuttable Presumption.--For purposes of this section,
it shall be a rebuttable presumption that all hard mineral
resources found on board a vessel subject to the provisions of
sections 304 and 305 which is seized in connection with an act
prohibited by section 301 were recovered, processed, or
retained in violation of this Act.
SEC. 307.\35\ JURISDICTION OF COURTS.
The district of the United States shall have exclusive
jurisdiction over any case or controversy arising under the
provisions of this Act. These courts may, at any time--
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\35\ 30 U.S.C. 1467.
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(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem, or other process;
(3) prescribe and accept satisfactory bonds or other
security; and
(4) take such other actions as are in the interest of
justice.
SEC. 308.\36\ REGULATIONS.
(a) Proposed Regulations.--Not later than 270 days after
the date of enactment of this Act, the Administrator shall
solicit the views of the agency heads referred to in section
109(b) and of interested persons, and issue, in accordance with
section 553 of title 5, United States Code, such proposed
regulations as are required by or are necessary and appropriate
to implement titles I and II and this title. The Administrator
shall hold at least one public hearing on such proposed
regulations.
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\36\ 30 U.S.C. 1468.
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(b) Final Regulations.--Not later than 180 days after the
date on which proposed regulations are issued pursuant to
subsection (a), the Administrator shall solicit the views of
the agency heads referred to in section 109(b) and of
interested persons, consider the comments received during the
public hearing required in subsection (a) and any written
comments on the proposed regulations received by the
Administrator, and issue, in accordance with section 553 of
title 5, United States Code, such regulations as are required
by or are necessary and appropriate to implement titles I and
II and this title.
(c) Amendments.--The Administrator may at any time amend
regulations issued pursuant to subsection (b) as the
Administrator determines to be necessary and appropriate in
order to provide for the conservation of natural resources
within the meaning of section 110, protection of the
environment, and the safety of life and property at sea. Such
amended regulations shall apply to all exploration or
commercial recovery activities conducted under any license or
permit issued or maintained pursuant to this Act; except that
any such amended regulations which provide for conservation of
natural resources shall apply to exploration or commercial
recovery conducted under an existing license or permit during
the present term of such license or permit only if the
Administration determines that such amended regulations
providing for conservation of natural resources will not impose
serious or irreparable economic hardship on the licensee or
permittee. Any amendment to regulation under this subsection
shall be made on the record after an opportunity for an agency
hearing.
(d) Consistency.--This Act and the regulations issued under
this Act shall not be deemed to supersede any other Federal
laws or treaties or regulations issued thereunder.
SEC. 309.\37\ BIENNIAL REPORT.
(a) Submission on Reports.--The Administrator shall submit
to the Congress--
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\37\ 30 U.S.C. 1469.
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(1) not later than December 31, 1981, a report on the
administration of this Act during the period beginning
on the date of enactment of this Act and ending
September 30, 1981; and
(2) not later than December 31 of each second year
thereafter, a report on the administration of this Act
during the two fiscal years preceding the date on which
the report is required to be filed.
(b) Contents.--Each report filed pursuant to subsection (a)
shall include, but be limited to, the following information
with respect to the reporting period:
(1) Licenses and permits issued, modified, revised,
suspended, revoked, relinquished, surrendered, or
transferred, denials of certifications of applications
for the issuance or transfer of licenses and permits;
denials or issuance or transfer of licenses and
permits; and required suspensions and modifications of
activities under licenses and permits.
(2) A description and evaluation of the exploration
and commercial recovery activities undertaken,
including, but not limited to, information setting
forth the quantities of hard mineral resources
recovered and the disposition of such resources.
(3) An assessment of the environmental impacts,
including a description and estimate of any damage
caused by any adverse effects on the quality of the
environment resulting from such activities.
(4) The number and description of all civil and
criminal proceedings, including citations, instituted
under this title, and the current status of such
proceedings.
(5) Such recommendations as the Administrator deems
appropriate for amending this Act to further fulfill
its purposes.
SEC. 310.\38\ AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the
Administrator, for purposes of carrying out the provisions of
titles I and II and this title, such sums as may be necessary
for the fiscal years ending September 30, 1981, and September
30, 1982, and $1,469,000 for the fiscal year ending September
30, 1983, $2,150,000 for the fiscal year ending September 30,
1984, $1,500,000 for each of the fiscal years ending September
30, 1985 and September 30, 1986, $1,500,000 for each of the
fiscal years ending September 30, 1987, September 30, 1988, and
September 30, 1989, and $1,525,000 for each of the fiscal years
1990, 1991, 1992, 1993, and 1994.\39\
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\38\ 30 U.S.C. 1470.
\39\ Public Law 97-416 (96 Stat. 2084), added authorizations for
fiscal years 1983 and 1984. Sec. 403 of Public Law 98-623 (98 Stat.
3408) added authorizations for fiscal years 1985 and 1986. Public Law
99-507 (100 Stat. 1847) added authorizations for fiscal years 1987,
1988, and 1989. Public Law 101-178 (103 Stat. 1297) added
authorizations for fiscal years 1990 through 1994.
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SEC. 311.\40\ SEVERABILITY.
If any provision of this Act or any application thereof is
held invalid, the validity of the remainder of the Act, or any
other application, shall not be affected thereby.
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\40\ 30 U.S.C. 1471.
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TITLE IV--TAX
SEC. 401. SHORT TITLE.
This title may be cited as the ``Deep Seabed Hard Mineral
Removal Tax Act of 1979''.
SEC. 402.\41\ IMPOSITION OF TAX ON REMOVAL OF HARD MINERAL RESOURCES
FROM DEEP SEABED. * * *
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\41\ Sec. 402 amended ch. 36 of the Internal Revenue Code of 1954
[now Internal Revenue Code of 1986, pursuant to sec. 2 of Public Law
99-514] (relating to certain other excise taxes), by adding new secs.
4495 through 4498, title 26, effective January 1, 1980.
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SEC. 403.\42\ ESTABLISHMENT OF DEEP SEABED REVENUE SHARING TRUST FUND.
(a) Creation of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the
``Deep Seabed Revenue Sharing Trust Fund'' ((hereinafter in
this section referred to as the ``Trust Fund''), consisting of
such amounts as may be appropriated or credited to the Trust
Fund as provided in this section.
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\42\ 30 U.S.C. 1472.
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(b) Transfer to Trust Fund of Amounts Equivalent to Certain
Taxes.--
(1) In general.--There are hereby appropriated to the
Trust Fund amounts determined by the Secretary of the
Treasury to be equivalent to the amounts of the taxes
received in the Treasury under section 4495 of the
Internal Revenue Code of 1986.\43\
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\43\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100
Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted
in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited
in any law.
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(2) Method of transfer.--The amounts appropriated by
paragraph (1) shall be transferred at least quarterly
from the general fund of the Treasury to the Trust Fund
on the basis of estimates made by the Secretary of the
Treasury of the amounts referred to in paragraph (1)
received in the Treasury. Proper adjustments shall be
made in the amounts subsequently transferred to the
extent prior estimates were in excess of or less than
the amount required to be transferred.
(c) Management of Trust Fund.--
(1) Report.--It shall be the duty of the Secretary of
the Treasury to hold the Trust Fund, and to report to
the Congress for the fiscal year ending September 30,
1980, and each fiscal year thereafter on the financial
condition and the results of the operations of the
Trust Fund during the preceding year and on its
expected condition and operations during the fiscal
year and the next five fiscal years after the fiscal
year. Such report shall be printed as a House document
of the session of the Congress to which the report is
made.
(2) Investment.--
(A) In general.--It shall be the duty of the
Secretary of the Treasury to invest such
portion of the Trust Fund as is not, in his
judgment, required to meet current withdrawals.
Such investments may be made only in interest-
bearing obligations of the United States. For
such purpose, such obligations may be acquired
(i) on original issue at the issue price, or
(ii) by purchase of outstanding obligations at
the market price.
(B) Sale of obligations.--Any obligation
acquired by the Trust Fund may be sold by the
Secretary at the market price.
(C) Interest on certain proceeds.--The
interest on, and the proceeds from the sale or
redemption of, any obligations held in the
Trust Fund shall be credited to and form a part
of the Trust Fund.
(d) Expenditures From Trust Fund.--If an international deep
seabed treaty is ratified by and in effect with respect to the
United States on or before the date ten years after the date of
the enactment of this Act, amounts in the Trust Fund shall be
available, as provided by appropriations Acts, for making
contributions required under such treaty for purposes of the
sharing among nations of the revenues from deep seabed mining.
Nothing in this subsection shall be deemed to authorize any
program or other activity not otherwise authorized by law.
(e) Use of Funds.--If an international deep seabed treaty
is not in effect with respect to the United States on or before
the date ten years after the date of the enactment of this Act,
amounts in the Trust Fund shall be available for such purposes
as Congress may hereafter provide by law.
(f) International Deep Seabed Treaty.--For purposes of this
section, the term ``international deep seabed treaty'' has the
meaning given to such term by section 4498(b) of the Internal
Revenue Code of 1986.\43\
SEC. 404.\44\ ACT NOT TO AFFECT TAX OR CUSTOMS OR TARIFF TREATMENT OF
DEEP SEABED MINING.
Except as otherwise provided in section 402, nothing in
this Act shall affect the application of the Internal Revenue
Code of 1986.\43\ Nothing in this Act shall affect the
application of the customs or tariff laws of the United States.
---------------------------------------------------------------------------
\44\ 30 U.S.C. 1473.
i. Establishment of Exclusive Economic Zone of the United States
Proclamation 5030, March 10, 1983, 48 F.R. 10605 \1\
Whereas the Government of the United States of America desires
to facilitate the wise development and use of the oceans
consistent with international law;
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1453 note.
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Whereas international law recognizes that, in a zone beyond its
territory and adjacent to its territorial sea, known as the
Exclusive Economic Zone, a coastal State may assert certain
sovereign rights over natural resources and related
jurisdiction; and
Whereas the establishment of an Exclusive Economic Zone by the
United States will advance the development of ocean
resources and promote the protection of the marine
environment, while not affecting other lawful uses of the
zone, including the freedoms of navigation and overflight,
by other States;
NOW, THEREFORE, I, RONALD REAGAN, by the authority vested
in me as President by the Constitution and laws of the United
States of America, do hereby proclaim the sovereign rights and
jurisdiction of the United States of America and confirm also
the rights and freedoms of all States within an Exclusive
Economic Zone, as described herein.
The Exclusive Economic Zone of the United States is a zone
contiguous to the territorial sea, including zones contiguous
to the territorial sea of the United States, the Commonwealth
of Puerto Rico, the Commonwealth of the Northern Mariana
Islands (to the extent consistent with the Covenant and the
United Nations Trusteeship Agreement), and United States
overseas territories and possessions. The Exclusive Economic
Zone extends to a distance 200 nautical miles from the baseline
from which the breadth of the territorial sea is measured. In
cases where the maritime boundary with a neighboring State
remains to be determined, the boundary of the Exclusive
Economic Zone shall be determined by the United States and
other State concerned in accordance with equitable principles.
Within the Exclusive Economic Zone, the United States has,
to the extent permitted by international law, (a) sovereign
rights for the purpose of exploring, exploiting, conserving and
managing natural resources, both living and non-living, of the
seabed and subsoil and the superjacent waters and with regard
to other activities for the economic exploitation and
exploration of the zone, such as the production of energy from
the water, currents and winds; and (b) jurisdiction with regard
to the establishment and use of artificial islands, and
installations and structures having economic purposes, and the
protection and preservation of the marine environment.
This Proclamation does not change existing United States
policies concerning the continental shelf, marine mammals and
fisheries, including highly migratory species of tuna which are
not subject to United States jurisdiction and require
international agreements for effective management.
The United States will exercise these sovereign rights and
jurisdiction in accordance with the rule of international law.
Without prejudice to the sovereign rights and jurisdiction
of the United States, the Exclusive Economic Zone remains an
area beyond the territory and territorial sea of the United
States in which all States enjoy the high seas freedoms of
navigation, overflight, the laying of submarine cables and
pipelines, and other internationally lawful uses of the sea.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth
day of March, in the year of our Lord nineteen and eighty-
three, and of the Independence of the United States of America
the two hundred and seventh.
j. Establishment of Territorial Sea of the United States
Proclamation 5928, December 27, 1988, 54 F.R. 777 \1\
International law recognizes that coastal nations may
exercise sovereignty and jurisdiction over their territorial
seas.
---------------------------------------------------------------------------
\1\ 43 U.S.C. 1331 note.
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The territorial sea of the United States is a maritime zone
extending beyond the land territory and internal waters of the
United States over which the United States exercises
sovereignty and jurisdiction, a sovereignty and jurisdiction
that extend to the airspace over the territorial sea, as well
as to its bed and subsoil.
Extension of the territorial sea by the United States to
the limits permitted by international law will advance the
national security and other significant interests of the United
States.
NOW, THEREFORE, I, RONALD REAGAN, by the authority vested
in me as President by the Constitution of the United States of
America, and in accordance with international law, do hereby
proclaim the extension of the territorial sea of the United
States of America, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession over which the United States exercises
sovereignty.
The territorial sea of the united States henceforth extends
to 12 miles from the baselines of the United States determined
in accordance with international law.
In accordance with international law, as reflected in the
applicable provisions of the 1982 United Nations Convention on
the Law of the Sea, within the territorial sea of the united
States, the ships of all countries enjoy the right of innocent
passage and the ships and aircraft of all countries enjoy the
right of transit passage through international straits.
Nothing in this Proclamation:
(a) extends or otherwise alters existing Federal or
State law or any jurisdiction, rights, legal interests,
or obligations derived therefrom; or
(b) impairs the determination, in accordance with
international law, of any maritime boundary of the
United States with a foreign jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand this 27th
day of December, in the year of our Lord nineteen and eighty-
eight, and of the Independence of the United States of America
the two hundred and thirteenth.
k. Establishment of Contiguous Zone of the United States
Proclamation 7219, September 2, 1999, 64 F.R. 48701 \1\
International law recognizes that coastal nations may
establish zones contiguous to their territorial seas, known as
contiguous zones.
---------------------------------------------------------------------------
\1\ 43 U.S.C. 1331 note.
---------------------------------------------------------------------------
The contiguous zone of the United States is a zone
contiguous to the territorial sea of the United States, in
which the United States may exercise the control necessary to
prevent infringement of its customs, fiscal, immigration, or
sanitary laws and regulations within its territory or
territorial sea, and to punish infringement of the above laws
and regulations committed within its territory or territorial
sea.
Extension of the contiguous zone of the United States to
the limits permitted by international law will advance the law
enforcement and public health interests of the United States.
Moreover, this extension is an important step in preventing the
removal of cultural heritage found within 24 nautical miles of
the baseline.
NOW, THEREFORE, I, WILLIAM J. CLINTON, by the authority
vested in me as President by the Constitution of the United
States, and in accordance with international law, do hereby
proclaim the extension of the contiguous zone of the United
States of America, including the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession over which the United States exercises
sovereignty, as follows:
The contiguous zone of the United States extends to 24
nautical miles from the baselines of the United States
determined in accordance with international law, but in no case
within the territorial sea of another nation.
In accordance with international law, reflected in the
applicable provisions of the 1982 Convention on the Law of the
Sea, within the contiguous zone of the United States the ships
and aircraft of all countries enjoy the high seas freedoms of
navigation and overflight and the laying of submarine cables
and pipelines, and other internationally lawful uses of the sea
related to those freedoms, such as those associated with the
operation of ships, aircraft, and submarine cables and
pipelines, and compatible with the other provisions of
international law reflected in the 1982 Convention on the Law
of the Sea.
Nothing in this proclamation:
(a) amends existing Federal or State law;
(b) amends or otherwise alters the rights and duties
of the United States or other nations in the Exclusive
Economic Zone of the United States established by
Proclamation 5030 of March 10, 1983 [16 U.S.C. 1453
note]; or
(c) impairs the determination, in accordance with
international law, of any maritime boundary of the
United States with a foreign jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand this second
day of September, in the year of our Lord nineteen hundred and
ninety-nine, and of the Independence of the United States of
America the two hundred and twenty-fourth.
l. Governing International Fishery Agreements
(1) Governing International Fisheries Agreement With Poland
Partial text of Public Law 105-384 [H.R. 3461], 112 Stat. 3451,
approved November 13, 1998
AN ACT To approve a governing international fishery agreement between
the United States and the Republic of Poland, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH POLAND
SEC. 101.\1\ GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH POLAND.
Notwithstanding section 203 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1823), the governing
international fishery agreement between the Government of the
United States of America and the Government of the Republic of
Poland, as contained in the message to Congress from the
President of the United States dated February 5, 1998, is
approved as a governing international fishery agreement for the
purposes of such Act and shall enter into force and effect with
respect to the United States on the date of the enactment of
this Act.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1823 note.
---------------------------------------------------------------------------
* * * * * * *
(2) Governing International Fisheries Agreement With Russian Federation
Partial text of Public Law 103-206 [H.R. 2150], 108 Stat. 2419,
approved December 20, 1993; as amended by Public Law 104-208
[Department of Commerce and Related Agencies Appropriations Act; title
II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110
Stat. 3009, approved September 30, 1996
AN ACT To authorize appropriations for fiscal year 1994 for the United
States Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE VII--MISCELLANEOUS FISHERY PROVISIONS
SEC. 701.\1\ GOVERNING INTERNATIONAL FISHERIES AGREEMENT.
The Agreement between the Government of the United States
of America and the Government of the Russian Federation on
Mutual Fisheries Relations which was entered into on May 31,
1988, and which expired by its terms on October 28, 1993, may
be brought into force again for the United States through an
exchange of notes between the United States of America and the
Russian Federation and may remain in force and effect on the
part of the United States until May 1, 1994, and may be amended
or extended by a subsequent agreement to which section 203 of
the Magnuson-Stevens Fishery Conservation and Management Act
\2\ (16 U.S.C. 1823) applies.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1823 note.
\2\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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* * * * * * *
SEC. 703. INTERNATIONAL FISHERY CONSERVATION IN THE CENTRAL BERING SEA.
It is the sense of the Congress that--
(1) the United States should take appropriate
measures to conserve the resources of the Doughnut
Hole, a small enclave of international waters in the
central Bering Sea, encircled by the Exclusive Economic
Zones of the United States and the Russian Federation;
(2) the United States should continue its pursuit of
an international agreement, consistent with its rights
as a coastal state, to ensure proper management for
future commercial viability of these natural resources;
(3) the United States, working closely with the
Russian Federation should, in accordance with
international law and through multilateral
consultations or through other means, promote effective
international programs for the implementation and
enforcement of regulations of the fisheries by those
nations that fish in the Doughnut Hole;
(4) the United States nonetheless should be mindful
of its management responsibility in this regard and of
its rights in accordance with international law to
fully utilize the stock within its own exclusive
economic zone;
(5) the United States should accept as an urgent duty
the need to conserve for future generations the
Aleutian Basin pollock stock and should carry out that
duty by taking all necessary measures, in accordance
with international law; and
(6) the United States should foster further
multilateral cooperation leading to international
consensus on management of the Doughnut Hole resources
through the fullest use of diplomatic channels and
appropriate domestic and international law and should
explore all other available options and means for
conservation and management of these living marine
resources.
* * * * * * *
(3) Governing International Fishery Agreement With Estonia
Partial text of Public Law 102-587 [H.R. 5617], 106 Stat. 5039,
approved November 4, 1992; as amended by Public Law 104-208 [Department
of Commerce and Related Agencies Appropriations Act; title II of sec.
101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009,
approved September 30, 1996
AN ACT To provide Congressional approval of a Governing International
Fishery Agreement, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Oceans Act of 1992''.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1431 note.
---------------------------------------------------------------------------
TITLE I--APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENT
SEC. 1001.\2\ APPROVAL OF AGREEMENT.
Notwithstanding section 203 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1823),\3\ the
governing international fishery agreement between the
Government of the United States of America and the Government
of the Republic of Estonia, as contained in the message to
Congress from the President of the United States dated June 24,
1992, is approved by the Congress as a governing international
fishery agreement for the purposes of such Act and shall enter
into force and effect with respect to the United States on the
date of enactment of this title.
---------------------------------------------------------------------------
\2\ 16 U.S.C. 1823 note.
\3\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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* * * * * * *
(4) Governing International Fishery Agreement with Japan
Partial text of Public Law 101-224 [National Oceanic and Atmospheric
Administration Ocean and Coastal Programs Authorization Act of 1989;
H.R. 1668], 103 Stat. 1905, approved December 12, 1989; as amended by
Public Law 104-208 [Department of Commerce and Related Agencies
Appropriations Act; title II of sec. 101(a) of title I of Public Law
104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 1996
AN ACT To authorize appropriations for certain ocean and coastal
programs of the National Oceanic and Atmospheric Administration.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
SECTION 7.\1\ INTERNATIONAL FISHERY AGREEMENT.
Notwithstanding any provision of the Magnuson-Stevens
Fishery Conservation and Management Act \2\ (16 U.S.C. 1801 et
seq.), the governing international fishery agreement entered
into between the Government of the United States and the
Government of Japan, as contained in the Message to Congress
from the President of the United States dated October 30, 1989,
is approved by the Congress and shall enter into force and
effect with respect to the United States on the date of the
enactment of this Act.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1823 note.
\2\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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* * * * * * *
(5) Governing International Fishery Agreement with Soviet Union
Partial text of Public Law 100-629 [H.R. 4919], 102 Stat. 3287,
approved November 7, 1988; as amended by Public Law 104-208 [Department
of Commerce and Related Agencies Appropriations Act; title II of sec.
101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009,
approved September 30, 1996
AN ACT To approve the governing international fishery agreement between
the United States and the Union of the Soviet Socialist Republics, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SOVIET UNION FISHING AGREEMENT.
That notwithstanding any provision of the Magnuson-Stevens
Fishery Conservation and Management Act \2\ (16 U.S.C. 1801 et
seq.), the governing international fishery agreement entered
into between the Government of the United States and the
Government of the Union of the Soviet Socialist Republics, as
contained in the Message to Congress from the President of the
United States dated June 22, 1988, is approved by the Congress
and shall enter into force and effect with respect to the
United States on the date of the enactment of this Act.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1823 note.
\2\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
* * * * * * *
SEC. 5.\1\ NORTH PACIFIC AND BERING SEA FISHERIES ADVISORY BODY.
(a) In General.--The Secretary of State shall establish an
advisory body on the fisheries of the North Pacific and the
Bering Sea, which shall advise the United States representative
to the International Consultative Committee created in
accordance with Article XIV of the governing international
fishery agreement entered into between the United States and
the Union of Soviet Socialist Republics, as contained in the
Message to Congress from the President of the United States
dated June 22, 1988.
(b) Membership.--
(1) In general.--The advisory body established
pursuant to this section shall consist of 12 members,
as follows:
(A) The Director of the Department of
Fisheries of the State of Washington.
(B) The Commission of the Department of Fish
and Game of the State of Alaska.
(C) Five members appointed by the Secretary
of State from among persons nominated by the
Governor of Alaska on the basis of their
knowledge and experience in commercial
harvesting, processing, or marketing of fishery
resources.
(D) Five members appointed by the Secretary
of State from among persons nominated by the
Governor of Washington on the basis of their
knowledge and experience in commercial
harvesting, processing, or marketing of fishery
resources.
(2) Nominations.--The Governor of Alaska and the
Governor of Washington shall each nominate 10 persons
for purposes of paragraph (1).
(c) Pay.--Members of the advisory body established pursuant
to this section shall receive no pay by reason of their service
as members of the advisory body.
(d) Exemption From Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall
not apply to an advisory body established pursuant to this
section.
SEC. 6.\3\ USE OF VESSEL IDENTIFICATION EQUIPMENT.
(a) The Secretary of State, the Secretary of Commerce, and
the Secretary of the department in which the Coast Guard is
operating, as appropriate, shall exercise their authority under
section 201(c)(2)(C) of the Magnuson-Stevens Fishery
Conservation and Management Act \2\ (16 U.S.C. 1821) to require
the use of transponders or other such appropriate position-
fixing and identification equipment on any vessel other than a
vessel of the United States engaged in fishing in the United
States Exclusive Economic Zone.
---------------------------------------------------------------------------
\3\ 16 U.S.C. 1821 note.
---------------------------------------------------------------------------
(b) The Secretary of Commerce, after consultation with the
Secretary of Defense, the Secretary of State, and the Secretary
of the department in which the Coast Guard is operating shall
report to the Committee on Merchant Marine and Fisheries \4\ of
the House of Representatives and the Committee on Commerce,
Science and Transportation of the Senate within 180 days after
the date of enactment of this Act on the results of their
compliance with subsection (a).
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\4\ Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided that
references to the Committee on Merchant Marine and Fisheries of the
House of Representatives shall be treated as referring to--
---------------------------------------------------------------------------
(A) the Committee on Agriculture, in the case of a provision of law
relating to inspection of seafood or seafood products;
(B) the Committee on National Security, in the case of a provision of law
relating to interoceanic canals, the Merchant Marine Academy and State
Maritime Academies, or national security aspects of merchant marine;
(C) the Committee on Resources, in the case of a provision of law
relating to fisheries, wildlife, international fishing agreements, marine
affairs (including coastal zone management) except for measures relating to
oil and other pollution of navigable waters, or oceanography;
(D) the Committee on Science, in the case of a provision of law relating
to marine research; and
(E) the Committee on Transportation, in the case of a provision of law
relating to a matter other than a matter described in any of subparagraphs
(A) through (D).
* * * * * * *
(6) Governing International Fishery Agreement with German Democratic
Republic
Partial text of Public Law 100-350 [H.R. 4621], 102 Stat. 660, approved
June 27, 1988; as amended by Public Law 104-208 [Department of Commerce
and Related Agencies Appropriations Act; title II of sec. 101(a) of
title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved
September 30, 1996
AN ACT To provide Congressional approval of the Governing International
Fishery Agreement between the United States and the Government of the
German Democratic Republic.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1.\1\ APPROVAL OF GIFA WITH GERMAN DEMOCRATIC REPUBLIC.
That notwithstanding section 203 of the Magnuson-Stevens
Fishery Conservation and Management Act \2\ (16 U.S.C. 1823),
the extension of the governing international fishery agreement
between the Government of the United States of American and the
Government of the German Democratic Republic, as contained in
the message to Congress from the President of the United
States, dated May 3, 1988--
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1823 note.
\2\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
(1) is approved by Congress as a governing
international fishery agreement for the purposes of
such Act; and
(2) shall enter into force and effect with respect to
the United States on the date of enactment of this Act.
* * * * * * *
(7) Governing International Fishery Agreement with Japan Concerning
Fisheries Off the Coasts of the United States
Title I of Public Law 100-220 [United States-Japan Fishery Agreement
Approval Act of 1987; H.R. 3674], 101 Stat. 1458, approved December 29,
1987; as amended by Public Law 104-208 [Department of Commerce and
Related Agencies Appropriations Act; title II of sec. 101(a) of title I
of Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September
30, 1996
AN ACT To provide congressional approval of the Governing International
Fishery Agreements between the United States and Japan; to implement
the provisions of Annex V to the International Convention for the
Prevention of Pollution from Ships, 1973; to reauthorize the National
Sea Grant College Program Act; to improve efforts to monitor, assess,
and reduce the adverse impacts of driftnets; and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE I--APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH
JAPAN
SEC. 1001.\1\ APPROVAL OF AGREEMENT.
Notwithstanding section 203 of the Magnuson-Stevens Fishery
Conservation and Management Act \2\ (16 U.S.C. 1823), the
governing international fishery agreement between the
Government of the United States of America and the Government
of Japan Concerning Fisheries Off the Coasts of the United
States, as contained in the Message to Congress from the
President of the United States dated November 17, 1987--
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1823 note.
\2\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
(1) is approved by Congress as a governing
international fishery agreement for purposes of such
Act, and
(2) shall enter into force and effect with respect to
the United States on the date of the enactment of this
Act.
(8) Governing International Fishery Agreement with South Korea
Partial text of Public Law 100-66 [United States-Korea Fishery
Agreement; Sea Grant College Fellowship Program; H.R. 2480], 101 Stat.
384, approved July 10, 1987; as amended by Public Law 104-208
[Department of Commerce and Related Agencies Appropriations Act; title
II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110
Stat. 3009, approved September 30, 1996
AN ACT To extend temporarily the governing international fishery
agreement between the United States and the Republic of Korea, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ EXTENSION OF GOVERNING INTERNATIONAL FISHERY AGREEMENT
BETWEEN THE UNITED STATES AND SOUTH KOREA.
Notwithstanding any provision of the Magnuson-Stevens
Fishery Conservation and Management Act \2\ (16 U.S.C. 1801 et
seq.), the governing international fishery agreement entered
into between the Government of the United States and the
Government of the Republic of Korea on July 26, 1982, shall
remain in force and effect with respect to the United States
until the closing date of the sixty-day period referred to in
section 203(a) of such Act that applies with respect to any new
governing international fishery agreement between the United
States and the Republic of Korea that is transmitted to the
Congress under section 203(a) after May 1, 1987, or November 1,
1987, whichever is earlier.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1823 note.
\2\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
* * * * * * *
(9) Governing International Fishery Agreements with Iceland and the
European Economic Community
Title I of Public Law 98-623 [H.R. 6342], 98 Stat. 3394, approved
November 8, 1984; as amended by Public Law 104-208 [Department of
Commerce and Related Agencies Appropriations Act; title II of sec.
101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009,
approved September 30, 1996
AN ACT To approve governing international fishery agreements with
Iceland and the EEC; to establish national standards for artificial
reefs; to implement the Convention on the Conservation of Antarctic
Marine Living Resources; and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENTS WITH
ICELAND AND THE EEC \1\
Notwithstanding section 203 of the Magnuson-Stevens Fishery
Conservation and Management Act \2\ (16 U.S.C. 1823)--
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1823 note.
\2\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
(1) the governing international fishery agreement
between the Government of the United States and the
European Economic Community Concerning Fisheries Off
the Coasts of the United States, as contained in the
Message to Congress from the President of the United
States dated August 27, 1984, is hereby approved by
Congress as a governing international fishery agreement
for purposes of that Act, and may enter into force with
respect to the United States in accordance with the
terms of Article XIX of the agreement after the date of
the enactment of this title, upon signature of the
agreement by both parties; and
(2) the governing international fishery agreement
between the Government of the United States and the
Government of the Republic of Iceland Concerning
Fisheries off the Coasts of the United States, as
contained in the message to Congress from the President
of the United States dated September 28, 1984, is
hereby approved by Congress as a governing
international fishery agreement for purposes of that
Act, and may enter into force with respect to the
United States in accordance with the terms of Article
XVI of the agreement after the date of the enactment of
this title.
(10) Governing International Fishery Agreements with Japan and Spain
Title IV of Public Law 97-389 [H.R. 3942], 96 Stat. 1949, at 1954,
approved December 29, 1982; as amended by Public Law 104-208
[Department of Commerce and Related Agencies Appropriations Act; title
II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110
Stat. 3009, approved September 30, 1996
AN ACT To amend the Commercial Fisheries Research and Development Act
of 1964.
Be it enacted by the Senate and the House of
Representatives of the United States of America in Congress
assembled, That this Act may be cited as the ``Fisheries
Amendments of 1982''.
* * * * * * *
TITLE IV--GOVERNING INTERNATIONAL FISHERY AGREEMENTS
Sec. 401.\1\ Notwithstanding any other provision of law,
the governing international fishery agreement entered into
between the Government of the United States and the Government
of Japan pursuant to the Magnuson-Stevens Fishery Conservation
and Management Act \2\ (16 U.S.C. 1801 et seq.) signed at
Washington on September 10, 1982, is approved, and shall become
effective on January 1, 1983.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1823 note.
\2\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
Sec. 402.\1\ Notwithstanding any other provision of law,
the governing international fishery agreement entered into
between the Government of the United States and the Government
of Spain pursuant to the Magnuson-Stevens Fishery Conservation
and Management Act \2\ (16 U.S.C. 1801 et seq.) signed on July
29, 1982, is approved.
* * * * * * *
(11) Governing International Fishery Agreement With Portugal
Partial text of Public Law 96-561 [Salmon and Steelhead Conservation
and Enhancement Act of 1980; S. 2163], 94 Stat. 3275 at 3287, approved
December 22, 1980; as amended by Public Law 104-208 [Department of
Commerce and Related Agencies Appropriations Act; title II of sec.
101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009,
approved September 30, 1996
AN ACT To provide for the conservation and enhancement of the salmon
and steelhead resources of the United States, assistance to treaty and
nontreaty harvesters of those resources, and for other purposes.
Be it enacted by the Senate and the House of
Representatives of the United States of America in Congress
assembled,
* * * * * * *
SEC. 145.\1\ GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH PORTUGAL.
Notwithstanding section 203 of the Magnuson-Stevens Fishery
Conservation and Management Act,\2\ the governing international
fishery agreement between the Government of the United States
of America and the Government of Portugal Concerning Fisheries
Off the Coasts of the United States, as contained in the
message to Congress from the President of the United States
dated December 1, 1980--
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1823 note.
\2\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
(1) is hereby approved by Congress as a governing
international fishery agreement for the purposes of
such Act of 1976; and
(2) shall enter into force and effect with respect to
the United States on the date of the enactment of this
title.
* * * * * * *
2. Marine Pollution
a. Oil Pollution Act of 1990
Partial text of Public Law 101-380 [H.R. 1465], 104 Stat. 484, approved
August 18, 1990
AN ACT To establish limitations on liability for damages resulting from
oil pollution, to establish a fund for the payment of compensation for
such damages, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Oil Pollution Act of 1990''.
---------------------------------------------------------------------------
\1\ 33 U.S.C. 2701 note.
---------------------------------------------------------------------------
* * * * * * *
TITLE III--INTERNATIONAL OIL POLLUTION PREVENTION AND REMOVAL
SEC. 3001. SENSE OF CONGRESS REGARDING PARTICIPATION IN INTERNATIONAL
REGIME.
It is the sense of the Congress that it is in the best
interests of the United States to participate in an
international oil pollution liability and compensation regime
that is at least as effective as Federal and State laws in
preventing incidents and in guaranteeing full and prompt
compensation for damages resulting from incidents.
SEC. 3002. UNITED STATES-CANADA GREAT LAKES OIL SPILL COOPERATION.
(a) Review.--The Secretary of State shall review relevant
international agreements and treaties with the Government of
Canada, including the Great Lakes Water Quality Agreement, to
determine whether amendments or additional international
agreements are necessary to--
(1) prevent discharges of oil on the Great Lakes;
(2) ensure an immediate and effective removal of oil
on the Great Lakes; and
(3) fully compensate those who are injured by a
discharge of oil on the Great Lakes.
(b) Consultation.--In carrying out this section, the
Secretary of State shall consult with the Department of
Transportation, the Environmental Protection Agency, the
National Oceanic and Atmospheric Administration, the Great
Lakes States, the International Joint Commission, and other
appropriate agencies.
(c) Report.--The Secretary of State shall submit a report
to the Congress on the results of the review under this section
within 6 months after the date of the enactment of this Act.
SEC. 3003. UNITED STATES-CANADA LAKE CHAMPLAIN OIL SPILL COOPERATION.
(a) Review.--The Secretary of State shall review relevant
international agreements and treaties with the Government of
Canada, to determine whether amendments or additional
international agreements are necessary to--
(1) prevent discharges of oil on Lake Champlain;
(2) ensure an immediate and effective removal of oil
on Lake Champlain; and
(3) fully compensate those who are injured by a
discharge of oil on Lake Champlain.
(b) Consultation.--In carrying out this section, the
Secretary of State shall consult with the Department of
Transportation, the Environmental Protection Agency, the
National Oceanic and Atmospheric Administration, the States of
Vermont and New York, the International Joint Commission, and
other appropriate agencies.
(c) Report.--The Secretary of State shall submit a report
to the Congress on the results of the review under this section
within 6 months after the date of the enactment of this Act.
SEC. 3004. INTERNATIONAL INVENTORY OF REMOVAL EQUIPMENT AND PERSONNEL.
The President shall encourage appropriate international
organizations to establish an international inventory of spill
removal equipment and personnel.
SEC. 3005. NEGOTIATIONS WITH CANADA CONCERNING TUG ESCORTS IN PUGET
SOUND.
Congress urges the Secretary of State to enter into
negotiations with the Government of Canada to ensure that
tugboat escorts are required for all tank vessels with a
capacity over 40,000 deadweight tons in the Strait of Juan de
Fuca and in Haro Strait.
* * * * * * *
b. Act to Prevent Pollution from Ships
Public Law 96-478 [H.R. 6665], 94 Stat. 2297, approved October 21,
1980; as amended by Public Law 100-220 [United States-Japan Fishery
Agreement Approval Act of 1987; H.R. 3674], 101 Stat. 1458, approved
December 29, 1987; Public Law 101-225 [Coast Guard Authorization Act of
1989; H.R. 2459], 103 Stat. 1908, approved December 12, 1989; Public
Law 101-380 [Oil Pollution Act of 1990; H.R. 1465], 104 Stat. 484,
approved August 18, 1990; Public Law 102-241 [Coast Guard Authorization
Act, Fiscal Year 1992; H.R. 1776], 105 Stat. 2208, approved December
19, 1991; Public Law 103-160 [National Defense Authorization Act for
Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November 30,
1993; Public Law 104-201 [National Defense Authorization Act for Fiscal
Year 1997; H.R. 3230], 110 Stat. 2422, approved September 23, 1996;
Public Law 104-227 [Antarctic Science, Tourism, and Conservation Act of
1996; H.R. 3060], 110 Stat. 3034, approved October 2, 1996; Public Law
104-324 [Coast Guard Authorization Act of 1996; S. 1004], 110 Stat.
3901, approved October 19, 1996; and Public Law 105-261 [Strom Thurmond
National Defense Authorization Act of Fiscal Year 1999; H.R. 3616], 112
Stat. 1920, approved October 17, 1998
AN ACT To implement the Protocol of 1978 Relating to the International
Convention for the Prevention of Pollution from Ships, 1973, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Act to Prevent Pollution from
Ships''.
Sec. 2.\1\ (a) \2\ Unless the context indicates otherwise,
as used in this Act--
---------------------------------------------------------------------------
\1\ 33 U.S.C. 1901.
\2\ Sec. 2101 of Public Law 100-220 (101 Stat. 1460) inserted
``(a)'' after ``Sec. 2.'', and amended the text of subsec. (a)(1) (as
redesignated) that previously read as follows:
``(1) `MARPOL Protocol' means the Protocol of 1978 Relating to the
International Convention for the Prevention of Pollution from Ships,
1973, done at London on February 17, 1978. This Protocol incorporates
and modifies the International Convention for the Prevention of
Pollution from Ships, 1973, done at London on November 2, 1973;''.
---------------------------------------------------------------------------
(1) \3\ ``Antarctica'' means the area south of 60
degrees south latitude;
---------------------------------------------------------------------------
\3\ Sec. 201(a) of Public Law 104-227 (110 Stat. 3042) redesignated
paras. (1) through (10) as paras. (3) through (12), and added new
paras. (1) and (2).
---------------------------------------------------------------------------
(2) \3\ ``Antarctic Protocol'' means the Protocol on
Environmental Protection to the Antarctic Treaty,
signed October 4, 1991, in Madrid, and all annexes
thereto, and includes any future amendments thereto
which have entered into force;
(3) \3\ ``MARPOL Protocol'' means the Protocol of
1978 relating to the International Convention for the
Prevention of Pollution from Ships, 1973, and includes
the Convention;
(4) \3\ ``Convention'' means the International
Convention for the Prevention of Pollution from Ships,
1973, including Protocols I and II and Annexes I, II,
and V thereto, including any modification or amendments
to the Convention, Protocols, or Annexes which have
entered into force for the United States; \4\
---------------------------------------------------------------------------
\4\ Sec. 2101(3) of Public Law 100-220 (101 Stat. 1460) inserted
the words to this point beginning with ``Annexes I''.
---------------------------------------------------------------------------
(5) \3\ ``discharge'' and ``garbage'' \5\ and
``harmful substance'' and ``incident'' shall have the
meanings provided in the Convention;
---------------------------------------------------------------------------
\5\ Sec. 2101(4) of Public Law 100-220 (101 Stat. 1460) inserted
``and `garbage' ''.
---------------------------------------------------------------------------
(6) \3\ ``owner'' means any person holding title to,
or in the absence of title, any other indicia of
ownership of, a ship or terminal, but does not include
a person who, without participating in the management
or operation of a ship or terminal, holds indicia of
ownership primarily to protect a security interest in
the ship or terminal;
(7) \3\ ``operator'' means--
(A) in the case of a ship, a charterer by
demise or any other person, except the owner,
who is responsible for the operation, manning,
victualing, and supplying of the vessel, or
(B) in the case of a terminal, any person,
except the owner, responsible for the operation
of the terminal by agreement with the owner;
(8) \3\ ``person'' means an individual, firm, public
or private corporation, partnership, association,
State, municipality, commission, political subdivision
of a State, or any interstate body;
(9) \3\ ``Secretary'' means the Secretary of the
department in which the Coast Guard is operating;
(10) \3\ ``ship'' means a vessel of any type
whatsoever, including hydrofoils, air-cushion vehicles,
submersibles, floating craft whether self-propelled or
not, and fixed or floating platforms; \6\
---------------------------------------------------------------------------
\6\ Sec. 1003(f) of Public Law 103-160 (107 Stat. 1748) struck out
``and'' at the end of para. (10), originally enacted as para (8);
redesignated the following para., now para. 12; and added a new para.
(9), now para. (11).
---------------------------------------------------------------------------
(11) \3\, \6\ ``submersible'' means a
submarine, or any other vessel designed to operate
under water; and
(12) \3\, \6\ ``terminal'' means an
onshore facility or an offshore structure located in
the navigable waters of the United States or subject to
the jurisdiction of the United States and used, or
intended to be used, as a port or facility for the
transfer or other handling of a harmful substance.
(b) \7\ For purposes of this Act, the requirements of Annex
V shall apply to the navigable waters of the United States, as
well as to all other waters and vessels over which the United
States has jurisdiction.
---------------------------------------------------------------------------
\7\ Sec. 2101(5) of Public Law 100-220 (101 Stat. 1461) added
subsec. (b).
---------------------------------------------------------------------------
(c) \8\ For the purposes of this Act, the requirements of
Annex IV to the Antarctic Protocol shall apply in Antarctica to
all vessels over which the United States has jurisdiction.
---------------------------------------------------------------------------
\8\ Sec. 201(a)(3) of Public Law 104-227 (110 Stat. 3042) added
subsec. (c).
---------------------------------------------------------------------------
Sec. 3.\9\ (a) \10\ This Act shall apply--
---------------------------------------------------------------------------
\9\ 33 U.S.C. 1902.
\10\ Secs. 2102 of Public Law 100-220 (101 Stat. 1461) amended and
restated subsecs. (a) through (c), which previously read as follows:
``Sec. 3. (a) This Act applies to--
---------------------------------------------------------------------------
``(1) a ship of United States registry or nationality, or one operated
under the authority of the United States, wherever located;
``(2) a ship registered in or of the nationality of a country party to
the MARPOL Protocol, or one operated under the authority of a country party
to the MARPOL Protocol, while in the navigable waters of the United States;
and
``(3) a ship registered in or of the nationality of a country not a party
to the MARPOL Protocol, under subsection (c) of this section, while in the
navigable waters of the United States.
---------------------------------------------------------------------------
``(b) This Act does not apply to--
---------------------------------------------------------------------------
``(1) a warship, naval auxiliary, or other ship owned or operated by the
United States when engaged in noncommercial service; or
``(2) any other ship specifically excluded by the MARPOL Protocol.
---------------------------------------------------------------------------
``(c) The Secretary shall prescribe regulations applicable to the
ships of a country not a party to the MARPOL Protocol to ensure that
their treatment is not more favorable than that accorded ships of
parties to the MARPOL Protocol.''.
---------------------------------------------------------------------------
(1) to a ship of United States registry or
nationality, or one operated under the authority of the
United States, wherever located;
(2) with respect to Annexes I and II to the
Convention, to a ship, other than a ship referred to in
paragraph (1), while in the navigable waters of the
United States;
(3) with respect to the requirements of Annex V to
the Convention, to a ship, other than a ship referred
to in paragraph (1), while in the navigable waters or
the exclusive economic zone of the United States; and
(4) with respect to regulations prescribed under
section 6 of this Act, any port or terminal in the
United States
(b) \10\ (1) Except as provided in paragraph (2), this Act
shall not apply to--
(A) a warship, naval auxiliary, or other ship owned
or operated by the United States when engaged in
noncommercial service; or
(B) any other ship specifically excluded by the
MARPOL Protocol or the Antarctic Protocol.\11\
---------------------------------------------------------------------------
\11\ Sec. 201(b) of Public Law 104-227 (110 Stat. 3042) inserted
``or the Antarctic Protocol''.
---------------------------------------------------------------------------
(2)(A) Notwithstanding any provision of the MARPOL
Protocol, and subject to subparagraph (B) of this paragraph,
the requirements of Annex V to the Convention shall apply as
follows: \12\
---------------------------------------------------------------------------
\12\ Sec. 1003(a) of Public Law 103-160 (107 Stat. 1745) struck out
``after 5 years after the effective date of this paragraph to a ship
referred to in paragraph (1)(A).'' and inserted in lieu thereof ``as
follows'' and clauses (i) through (iii).
---------------------------------------------------------------------------
(i) \12\ After December 31, 1993, to all ships
referred to in paragraph (1)(A) of this subsection
other than those owned or operated by the Department of
the Navy.
(ii) \12\ Except as provided in subsection (c) of
this section, after December 31, 1998, to all ships
referred to paragraph (1)(A) of this subsection other
than submersibles owned or operated by the Department
of the Navy.
(iii) \12\ Except as provided in subsection (c) of
this section, after December 31, 2008, to all ships
referred to in paragraph (1)(A) of this subsection.
(B) This paragraph shall not apply during time of war or
declared national emergency.
(c) \10\, \13\ Discharges in Special Areas.--(1)
Except as provided in paragraphs (2) and (3), not later than
\14\ December 31, 2000, all surface ships owned or operated by
the Department of the Navy, and not later than December 31,
2008, all submersibles owned or operated by the Department of
the Navy, shall comply with the special area requirements of
Regulation 5 of Annex V to the Convention.
---------------------------------------------------------------------------
\13\ Sec. 1003(b)(2) of Public Law 103-160 (107 Stat. 1746) added
subsec. (c).
\14\ Sec. 324(a)(1) of Public Law 104-201 (110 Stat. 2480) struck
out ``Not later than'' and inserted in lieu thereof ``Except as
provided in paragraphs (2) and (3), not later than''.
---------------------------------------------------------------------------
(2) \15\ (A) Subject to subparagraph (B), any ship
described in subparagraph (C) may discharge, without regard to
the special area requirements of Regulation 5 of Annex V to the
Convention, the following non-plastic, non-floating garbage:
---------------------------------------------------------------------------
\15\ Sec. 324(a)(2) of Public Law 104-201 (110 Stat. 2480) struck
out paras. (2), (3), and (4), and added new paras. (2) and (3).
---------------------------------------------------------------------------
(i) A slurry of seawater, paper, cardboard, or food
waste that is capable of passing through a screen with
openings no larger than 12 millimeters in diameter.
(ii) Metal and glass that have been shredded and
bagged so as to ensure negative buoyancy.
(iii) \16\ With regard to a submersible, nonplastic
garbage that has been compacted and weighted to ensure
negative buoyancy.
---------------------------------------------------------------------------
\16\ Sec. 326(a) of Public Law 105-261 (112 Stat. 1965) added
clause (iii) and struck out ``subparagraph (A)(ii)'' and inserted in
lieu thereof ``clauses (ii) and (iii) of subparagraph (A)''.
---------------------------------------------------------------------------
(B)(i) Garbage described in subparagraph (A)(i) may not be
discharged within 3 nautical miles of land.
(ii) Garbage described in clauses (ii) and (iii) of
subparagraph (A) \16\ may not be discharged within 12 nautical
miles of land.
(C) This paragraph applies to any ship that is owned or
operated by the Department of the Navy that, as determined by
the Secretary of the Navy--
(i) has unique military design, construction,
manning, or operating requirements; and
(ii) cannot fully comply with the special area
requirements of Regulation 5 of Annex V to the
Convention because compliance is not technologically
feasible or would impair the operations or operational
capability of the ship.
(3) \15\ (A) Not later than December 31, 2000, the
Secretary of the Navy shall prescribe and publish in the
Federal Register standards to ensure that each ship described
in subparagraph (B) is, to the maximum extent practicable
without impairing the operations or operational capabilities of
the ship, operated in a manner that is consistent with the
special area requirements of Regulation 5 of Annex V to the
Convention.
(B) Subparagraph (A) applies to surface ships that are
owned or operated by the Department of the Navy that the
Secretary plans to decommission during the period beginning on
January 1, 2001, and ending on December 31, 2005.
(C) At the same time that the Secretary publishes standards
under subparagraph (A), the Secretary shall publish in the
Federal Register a list of the ships covered by subparagraph
(B).
(d) \17\ The Secretary shall prescribe regulations
applicable to the ships of a country not a party to the MARPOL
Protocol, including regulations conforming to and giving effect
to the requirements of Annex V as they apply under subsection
(a) of section 3, to ensure that their treatment is not more
favorable than that accorded ships to parties to the MARPOL
Protocol.
---------------------------------------------------------------------------
\17\ Sec. 1003(b)(1) of Public Law 103-160 (107 Stat. 1746)
redesignated this subsection from subsec. (c) to subsec. (d).
---------------------------------------------------------------------------
(e) \18\ Compliance by Excluded Vessels.--(1) The Secretary
of the Navy shall develop and, as appropriate, support the
development of technologies and practices for solid waste
management aboard ships owned or operated by the Department of
the Navy, including technologies and practices for the
reduction of the waste stream generated aboard such ships, that
are necessary to ensure the compliance of such ships with Annex
V to the Convention on or before the dates referred to in
subsections (b)(2)(A) and (c)(1) of this section.
---------------------------------------------------------------------------
\18\ Sec. 1003(c) of Public Law 103-160 (107 Stat. 1746) added
subsec. (e).
---------------------------------------------------------------------------
(2) Notwithstanding any effective date of the application
of this section to a ship, the provisions of Annex V to the
Convention with respect to the disposal of plastic shall apply
to ships equipped with plastic processors required for the
long-term collection and storage of plastic aboard ships of the
Navy upon the installation of such processors in such ships.
(3) Except when necessary for the purpose of securing the
safety of the ship, the health of the ship's personnel, or
saving life at sea, it shall be a violation of this Act for a
ship referred to in subsection (b)(1)(A) of this section that
is owned or operated by the Department of the Navy:
(A) With regard to a submersible, to discharge
buoyant garbage or \19\ plastic.
---------------------------------------------------------------------------
\19\ Sec. 326(b) of Public Law 105-261 (112 Stat. 1965) struck out
``garbage that contains more than the minimum amount practicable of''.
---------------------------------------------------------------------------
(B) With regard to a surface ship, to discharge
plastic contaminated by food during the last 3 days
before the ship enters port.
(C) With regard to a surface ship, to discharge
plastic, except plastic that is contaminated by food,
during the last 20 days before the ship enters port.
(4) The Secretary of Defense shall publish in the Federal
Register:
(A) \20\ Each year, the amount and nature of the
discharges in special areas, not otherwise authorized
under this Act, during the preceding year from ships
referred to in subsection (b)(1)(A) of this section
owned or operated by the Department of the Navy.
---------------------------------------------------------------------------
\20\ Sec. 324(d) of Public Law 104-201 (110 Stat. 2481) amended and
restated subpara. (A). It formerly read as follows:
``(A) Beginning on October 1, 1994, and each year thereafter until
October 1, 2000, the amount and nature of the discharges in special
areas, not otherwise authorized under Annex V to the Convention, during
the preceding year from ships referred to in subsection (b)(1)(A) of
this section owned or operated by the Department of the Navy.''.
---------------------------------------------------------------------------
(B) Beginning on October 1, 1996, and each year
thereafter until October 1, 1998, a list of the names
of such ships equipped with plastic processors pursuant
to section 1003(e) of the National Defense
Authorization Act for Fiscal Year 1994.
(f) \21\ Waiver Authority.--The President may waive the
effective dates of the requirements set forth in subsection (c)
of this section and in subsection 1003(e) of the National
Defense Authorization Act for Fiscal Year 1994 if the President
determines it to be in the paramount interest of the United
States to do so. Any such waiver shall be for a period not in
excess of one year. The President shall submit to the Congress
each January a report on all waivers from the requirements of
this section granted during the preceding calendar year,
together with the reasons for granting such waivers.
---------------------------------------------------------------------------
\21\ Sec. 1003(d) of Public Law 103-160 (107 Stat. 1747) added
subsec. (f).
---------------------------------------------------------------------------
(g) \22\ The heads of Federal departments and agencies
shall prescribe standards applicable to ships excluded from
this Act by subsection (b)(1) of this section and for which
they are responsible. Standards prescribed under this
subsection shall ensure, so far as is reasonable and
practicable without impairing the operations or operational
capabilities of such ships, that such ships act in a manner
consistent with the MARPOL Protocol.
---------------------------------------------------------------------------
\22\ Sec. 1003(b)(1) of Public Law 103-160 (107 Stat. 1746)
redesignated this subsection from subsec. (d) to subsec. (g).
---------------------------------------------------------------------------
Sec. 4.\23\ (a) Unless otherwise specified in this Act,\24\
the Secretary shall administer and enforce the MARPOL Protocol,
Annex IV to the Antarctic Protocol,\25\ and this Act. In the
administration and enforcement of the MARPOL Protocol and this
Act, Annexes I and II of the Convention apply \24\ only to
seagoing ships.
---------------------------------------------------------------------------
\23\ 33 U.S.C. 1903. Public Law 102-388 (106 Stat. 1542) provided
the following: ``That notwithstanding any other provision of law, the
Secretary of State shall communicate to the Government of Panama,
within three months of the enactment of this section, the
dissatisfaction of the Government of the United States concerning
inadequate compliance by Panama with the enforcement provisions of
Annex V of the International Convention for the Prevention of Pollution
from ships (MARPOL 73/78), and the Secretary of State and the Secretary
of Transportation, in consultation with the Commandant of the Coast
Guard, shall further provide no later than March 15, 1993, a written
report to the Congress describing and assessing (1) the actions taken
by the Government of Panama since August 1, 1992, to investigate and,
where appropriate, penalize Panamanian flag ships which have been
reported by other nations to have violated the provisions of Annex V of
MARPOL 73/78, (2) any efforts taken by the Government of Panama to
ensure improved compliance with the provisions of Annex V of MARPOL 73/
78 on the part of Panamanian flag ships, and (3) the actions by the
Government of the United States in the implementation of its new
enforcement policy for Annex V of MARPOL 73/78, including penalty
actions taken against foreign flag vessels by the coast Guard for
violations by those vessels occurring within the exclusive economic
zone of the United States.''.
\24\ Sec. 2107(a) of Public Law 100-220 (101 Stat. 1464) struck out
``herein'' and inserted in lieu thereof ``in this Act'', and struck out
``MARPOL Protocol shall be applicable'' and inserted in lieu thereof
``Convention apply''.
\25\ Sec. 201(c) of Public Law 104-227 (110 Stat. 3042) inserted
``, Annex IV to the Antarctic Protocol,''.
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(b)(1) \26\ The Secretary shall prescribe any necessary or
desired regulations to carry out the provisions of the MARPOL
Protocol, Annex IV to the Antarctic Protocol,\25\ or this Act.
---------------------------------------------------------------------------
\26\ Sec. 2107 of Public Law 100-220 (101 Stat. 1464) inserted
``(1)'' after ``(b)'', and added a new subpara. (2).
---------------------------------------------------------------------------
(2) \26\ The Secretary of the department in which the Coast
Guard is operating shall--
(A) \27\ prescribe regulations which--
---------------------------------------------------------------------------
\27\ Sec. 201(c)(3) of Public Law 104-227 (110 Stat. 3042) struck
out ``within 1 year after the effective date of this paragraph,'' at
the beginning of subpara. (A).
---------------------------------------------------------------------------
(i) require certain ships described in
section 3(a)(1) to maintain refuse record books
and shipboard management plans, and to display
placards which notify the crew and passengers
of the requirements of Annex V to the
Convention and of Annex IV to the Antarctic
Protocol; \25\ and
(ii) specify the ships described in section
3(a)(1) to which the regulations apply;
(B) seek an international agreement or international
agreements which apply requirements equivalent to those
described in subparagraph (A)(i) to all vessel subject
to Annex V to the Convention; and
(C) within 2 years after the effective date of this
paragraph, report to the Congress--
(i) regarding activities of the Secretary
under subparagraph (B); and
(ii) if the Secretary has not obtained
agreements pursuant to subparagraph (B)
regarding the desirability of applying the
requirements described in subparagraph (A)(i)
to all vessels described in section 3(a) which
call at United States ports.
(c) The Secretary may utilize by agreement, with or without
reimbursement, personnel, facilities, or equipment of other
Federal departments and agencies in administering the MARPOL
Protocol, this Act, or the regulations thereunder.
Sec. 5.\28\ (a) The Secretary shall designate those persons
authorized to issue on behalf of the United States the
certificates required by the MARPOL Protocol. A certificate
required by the MARPOL Protocol shall not be issued to a ship
which is registered in or of the nationality of a country which
is not a party to the MARPOL Protocol.
---------------------------------------------------------------------------
\28\ 33 U.S.C. 1904.
---------------------------------------------------------------------------
(b) A certificate issued by a country which is a party to
the MARPOL Protocol has the same validity as a certificate
issued by the Secretary under the authority of the MARPOL
Protocol.
(c) A ship required by the MARPOL Protocol to have a
certificate--
(1) shall carry a valid certificate onboard in the
manner prescribed by the authority issuing the
certificate; and
(2) is subject to inspection while in a port or
terminal under the jurisdiction of the United States.
(d) An inspection conducted under subsection (c)(2) of this
section is limited to verifying whether or not a valid
certificate is onboard, unless clear grounds exist which
reasonably indicate that the condition of the ship or its
equipment does not substantially agree with the particulars of
its certificate. This section shall not limit the authority of
any official or employee of the United States under any other
treaty, law, or regulation to board and inspect a ship or its
equipment.
(e) In addition to the penalties prescribed in section 9 of
the Act, a ship required by the MARPOL Protocol to have a
certificate--
(1) which does not have a valid certificate onboard;
or
(2) whose condition or whose equipment's condition
does not substantially agree with the particulars of
the certificate onboard;
shall be detained by order of the Secretary at the port or
terminal where the violation is discovered until, in the
opinion of the Secretary, the ship can proceed to sea without
presenting an unreasonable threat of harm to the marine
environment. The detention order may authorize the ship to
proceed to the nearest appropriate available shipyard rather
than remaining at the place where the violation was discovered.
(f) If a ship is under a detention order under this
section, the Secretary of the Treasury, upon the request of the
Secretary, may refuse or revoke--
(1) the clearance required by section 4197 of the
Revised Statutes of the United States, as amended (46
U.S.C. 91); or
(2) a permit to proceed under section 4367 of the
Revised Statutes of the United States (46 U.S.C. 313)
or section 442 of the Tariff Act of 1930, as amended
(19 U.S.C. 1443).
(g) A person whose ship is subject to a detention order
under this section may petition the Secretary, in the manner
prescribed by regulation, to review the detention order. Upon
receipt of a petition under this subsection, the Secretary
shall affirm, modify, or withdraw the detention order within
the time prescribed by regulation.
(h) A ship unreasonably detained or delayed by the
Secretary acting under the authority of this Act is entitled to
compensation for any loss or damage suffered thereby.
Sec. 6.\29\ (a)(1) \30\ The Secretary, after consultation
with the Administrator of the Environmental Protection Agency,
shall establish regulations setting criteria for determining
the adequacy of a port's or terminal's reception facilities for
mixtures containing oil or noxious liquid substances \30\ and
shall establish procedures whereby a person in charge of a port
or terminal may request the Secretary to certify that the
port's or terminal's facilities for receiving the residues and
mixtures containing oil or noxious liquid substance from
seagoing ships are adequate.
---------------------------------------------------------------------------
\29\ 33 U.S.C. 1905
\30\ Sec. 2103 of Public Law 100-220 (101 Stat. 1461) inserted
``(1)'' after ``(a)'' and struck out ``reception facilities of a port
or terminal'' and inserted in lieu thereof ``a port's or terminal's
reception facilities for mixtures containing oil or noxious liquid
substances''.
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(2) \31\ The Secretary, after consulting with appropriate
Federal agencies, shall establish regulations setting criteria
for determining the adequacy of reception facilities for
garbage at a port or terminal, and stating such additional
measures and requirements as are appropriate to ensure such
adequacy. Persons in charge of ports and terminals shall
provide reception facilities, or ensure that such facilities
are available, for receiving garbage in accordance with those
regulations.
---------------------------------------------------------------------------
\31\ Sec. 2103(a) of Public Law 100-220 (101 Stat. 1461) added
para. 2.
---------------------------------------------------------------------------
(b) In determining the adequacy of reception facilities
required by the MARPOL Protocol or the Antarctic Protocol \32\
at a port or terminal, and in establishing regulations under
subsection (a) of this section,\33\ the Secretary may consider,
among other things, the number and types of ships or \33\
seagoing ships using the port or terminal, including their
principal trades.
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\32\ Sec. 201(d)(1) of Public Law 104-227 (110 Stat. 3043) inserted
``or the Antarctic Protocol''.
\33\ Sec. 2103(b) of Public Law 100-220 (101 Stat. 1462) inserted
``and in establishing regulations under subsection (a) of this
section,'' and inserted ``ships or''.
---------------------------------------------------------------------------
(c)(1) \34\ If reception facilities of a port or terminal
meet the requirements of Annex I and Annex II \35\ to the
Convention and the regulations prescribed under subsection
(a)(1), the Secretary shall, after consultation with the
Administrator of the Environmental Protection Agency, issue a
certificate to that effect to the applicant.
---------------------------------------------------------------------------
\34\ Sec. 2103(c) of Public Law 100-220 (101 Stat. 1462) amended
and restated subsec. (c), which previously read as follows:
``(c) If, upon inspection, reception facilities of a port or
terminal are adequate to meet the requirements of the MARPOL Protocol
and the regulations established hereunder, the Secretary shall, after
consultation with the Administrator of the Environmental Protection
Agency, issue a certificate to that effect to the applicant. A
certificate issued under this subsection--
---------------------------------------------------------------------------
``(1) is valid until suspended or revoked by the Secretary for cause or
because of changed conditions; and
``(2) shall be available for inspection upon the request of the master,
other person in charge, or agent of a seagoing ship using or intending to
use the port or terminal.
``The suspension or revocation of a certificate issued under this
subsection may be appealed to the Secretary and acted on by him in the
manner prescribed by regulation.''.
---------------------------------------------------------------------------
\35\ Sec. 201(1) of Public Law 101-224 (103 Stat. 1910) struck out
``Annex V'' and inserted in lieu thereof ``Annex I and Annex II''.
---------------------------------------------------------------------------
(2) \36\ (A) Subject to subparagraph (B), if reception
facilities of a port or terminal meet the requirements of Annex
V to the Convention and the regulations prescribed under
subsection (a)(2), the Secretary may, after consultation with
appropriate Federal agencies, issue a certificate to that
effect to the person in charge of the port or terminal.
---------------------------------------------------------------------------
\36\ Sec. 801(a) of Public Law 104-324 (110 Stat. 3943) struck out
``(2) If''; inserted in lieu thereof ``(2)(A) Subject to subparagraph
(B), if''; and added subparas. (B) and (C).
---------------------------------------------------------------------------
(B) \36\ The Secretary may not issue a certificate
attesting to the adequacy of reception facilities under this
paragraph unless, prior to the issuance of the certificate, the
Secretary conducts an inspection of the reception facilities of
the port or terminal that is the subject of the certificate.
(C) \36\ The Secretary may, with respect to certificates
issued under this paragraph prior to the date of enactment of
the Coast Guard Authorization Act of 1996, prescribe by
regulation differing periods of validity for such certificates.
(3) A certificate issued under this subsection--
(A) \37\ is valid for the 5-year period beginning on
the date of issuance of the certificate, except that
if--
---------------------------------------------------------------------------
\37\ Sec. 801(a)(3) of Public Law 104-324 (110 Stat. 3944) amended
and restated subpara. (A).
---------------------------------------------------------------------------
(i) the charge for operation of the port or
terminal is transferred to a person or entity
other than the person or entity that is the
operator on the date of issuance of the
certificate--
(I) the certificate shall expire on
the date that is 30 days after the date
of the transfer; and
(II) the new operator shall be
required to submit an application for a
certificate before a certificate may be
issued for the port or terminal; or
(ii) the certificate is suspended or revoked
by the Secretary, the certificate shall cease
to be valid; and
(B) shall be available for inspection upon the
request of the master, other person in charge, or agent
of a ship using or intending to use the port or
terminal.
(4) The suspension or revocation of a certificate issued
under this subsection may be appealed to the Secretary and
acted on by the Secretary in the manner prescribed by
regulation.
(d) \38\ (1) The Secretary shall maintain a list of ports
or terminals with respect to which a certificate issued under
this section--
---------------------------------------------------------------------------
\38\ Sec. 801(a)(4) of Public Law 104-324 (110 Stat. 3944) amended
and restated subsec. (d).
---------------------------------------------------------------------------
(A) is in effect; or
(B) has been revoked or suspended.
(2) The Secretary shall make the list referred to in
paragraph (1) available to the general public.
(e)(1) \39\ Except in the case of force majeure, the
Secretary shall deny entry to a seagoing ship required by the
Convention or the Antarctic Protocol \40\ to retain onboard
while at sea, residues and mixtures containing oil or noxious
liquid substances, if--
---------------------------------------------------------------------------
\39\ Sec. 2103(d) of Public Law 100-220 (101 Stat. 1462) inserted
``(1)'' after ``(e)''; redesignated paras. (1) and (2) as subparas. (A)
and (B); struck out ``the MARPOL Protocol'' and inserted in lieu
thereof ``Annexes I and II of the Convention''; and added a new
subpara. (2).
\40\ Sec. 201(d)(2) of Public Law 104-227 (110 Stat. 3043) inserted
``or the Antarctic Protocol''.
---------------------------------------------------------------------------
(A) \39\ the port or terminal is one required by
Annexes I and II of the Convention \39\ or Article 9 of
Annex IV to the Antarctic Protocol \41\ or regulations
hereunder to have adequate reception facilities; and
---------------------------------------------------------------------------
\41\ Sec. 201(d)(3) of Public Law 104-227 (110 Stat. 3043) inserted
``or Article 9 of Annex IV to the Antarctic Protocol''.
---------------------------------------------------------------------------
(B) \39\ the port or terminal does not hold a valid
certificate issued by the Secretary under this section.
(2) \39\ The Secretary may deny the entry of a ship to a
port or terminal required by regulations issued under this
section to provide adequate reception facilities for garbage if
the port or terminal is not in compliance with those
regulations.
(f)(1) \42\ The Secretary is authorized to conduct surveys
of existing reception facilities in the United States to
determine measures needed to comply with MARPOL Protocol or the
Antarctic Protocol.\43\
---------------------------------------------------------------------------
\42\ Sec. 801(b) of Public Law 104-324 (110 Stat. 3944) added para.
designation ``(1)'' and added a new para. (2), with subpara.
designation ``(A)'', though there is no subpara. (B).
\43\ Sec. 201(d)(4) of Public Law 104-227 (110 Stat. 3043) inserted
``or the Antarctic Protocol''.
---------------------------------------------------------------------------
(2) \42\ (A) Not later than 18 months after the date of
enactment of the Coast Guard Authorization Act of 1996, the
Secretary shall promulgate regulations that require the
operator of each port or terminal that is subject to any
requirement of the MARPOL Protocol relating to reception
facilities to post a placard in a location that can easily be
seen by port and terminal users. The placard shall state, at a
minimum, that a user of a reception facilities of the port or
terminal should report to the Secretary any inadequacy of the
reception facility.
Sec. 7.\44\ (a) The master, person in charge, owner,
charterer, manager, or operator of a ship involved in an
incident shall report the incident in the manner prescribed by
Article 8 of the Convention in accordance with regulations
promulgated by the Secretary for that purpose.
---------------------------------------------------------------------------
\44\ 33 U.S.C. 1906. Sec. 39 of Public Law 102-241 (105 Stat. 2225)
amended and restated sec. 7.
---------------------------------------------------------------------------
(b) The master or person in charge of--
(1) a ship of United States registry or nationality,
or operated under the authority of the United States,
wherever located;
(2) another ship while in the navigable waters of the
United States; or
(3) a sea port or oil handling facility subject to
the jurisdiction of the United States, shall report a
discharge, probable discharge, or presence of oil in
the manner prescribed by Article 4 of the International
Convention on Oil Pollution Preparedness, Response and
Cooperation, 1990 (adopted at London, November 30,
1990), in accordance with regulations promulgated by
the Secretary for that purpose.
Sec. 8.\45\ (a) It is unlawful to act in violation of the
MARPOL Protocol, Annex IV to the Antarctic Protocol,\46\ this
Act, or the regulations issued thereunder. The Secretary shall
cooperate with other parties to the MARPOL Protocol or to the
Antarctic Protocol \47\ in the detection of violations and in
enforcement of the MARPOL Protocol and Annex IV to the
Antarctic Protocol.\48\ The Secretary shall use all appropriate
and practical measures of detection and environmental
monitoring, and shall establish adequate procedures for
reporting violations and accumulating evidence.
---------------------------------------------------------------------------
\45\ 33 U.S.C. 1907.
\46\ Sec. 201(e)(1) of Public Law 104-227 (110 Stat. 3043) inserted
``Annex IV to the Antarctic Protocol,''.
\47\ Sec. 201(e)(2)(A) of Public Law 104-227 (110 Stat. 3043)
inserted ``or to the Antarctic Protocol''.
\48\ Sec. 201(e)(2)(B) of Public Law 104-227 (110 Stat. 3043)
inserted ``and Annex IV to the Antarctic Protocol''.
---------------------------------------------------------------------------
(b) Upon receipt of evidence that a violation has occurred,
the Secretary shall cause the matter to be investigated. In any
investigation under this section the Secretary may issue
subpenas to require the attendance of any witness and the
production of documents and other evidence. In case of refusal
to obey a subpena issued to any person, the Secretary may
request the Attorney General to invoke the aid of the
appropriate district court of the United States to compel
compliance. Upon completion of the investigation, the Secretary
shall take the action required by the MARPOL Protocol or the
Antarctic Protocol \49\ and whatever further action he
considers appropriate under the circumstances. If the initial
evidence was provided by a party to the MARPOL Protocol or the
Antarctic Protocol,\49\ the Secretary, acting through the
Secretary of State, shall inform that party of the action taken
or proposed.
---------------------------------------------------------------------------
\49\ Sec. 201(e)(3) of Public Law 104-227 (110 Stat. 3043) inserted
``or the Antarctic Protocol''.
---------------------------------------------------------------------------
(c)(1) \50\ This subsection applies to inspection relating
to possible violations of Annex I or Annex II to the
Convention, of Article 3 or Article 4 of Annex IV to the
Antarctic Protocol,\51\ or of this Act \52\ by any seagoing
ship referred to in section 3(a)(2) of this Act.
---------------------------------------------------------------------------
\50\ Sec. 2104(a) of Public Law 100-220 (101 Stat. 1462) amended
subsec. (c) by adding a new para. (1); redesignating the former first
paragraph of subsec. (c) as para. (2), and redesignating the former
paras. (1) and (2) as (A) and (B), respectively.
\51\ Sec. 201(e)(4) of Public Law 104-227 (110 Stat. 3043) inserted
``, of Article 3 or Article 4 of Annex IV to the Antarctic Protocol,''.
\52\ Sec. 201(2) of Public Law 101-225 (103 Stat. 1910) inserted
``or of this Act''.
---------------------------------------------------------------------------
(2) \50\ While at a port or terminal subject to the
jurisdiction of the United States, a ship to which the MARPOL
Protocol or the Antarctic Protocol \53\ applies may be
inspected by the Secretary--
---------------------------------------------------------------------------
\53\ Sec. 201(e)(5) of Public Law 104-227 (110 Stat. 3043) inserted
``or the Antarctic Protocol'' after ``which the MARPOL Protocol''.
---------------------------------------------------------------------------
(A) \50\ to verify whether or not the ship has
discharged a harmful substance in violation of the
MARPOL Protocol, Annex IV to the Antarctic
Protocol,\54\ or this Act; or
---------------------------------------------------------------------------
\54\ Sec. 201(e)(6) of Public Law 104-227 (110 Stat. 3043) inserted
``, Annex IV to the Antarctic Protocol,''.
---------------------------------------------------------------------------
(B) \50\ to comply with a request from a party to the
MARPOL Protocol or the Antarctic Protocol \55\ for an
investigation as to whether the ship may have
discharged a harmful substance anywhere in violation of
the MARPOL Protocol or Annex IV to the Antarctic
Protocol.\56\ An investigation may be undertaken under
this clause only when the requesting party has
furnished sufficient evidence to allow the Secretary
reasonably to believe that a discharge has occurred.
---------------------------------------------------------------------------
\55\ Sec. 201(e)(7)(A) of Public Law 104-227 (110 Stat. 3043)
inserted ``or the Antarctic Protocol''.
\56\ Sec. 201(e)(7)(B) of Public Law 104-227 (110 Stat. 3043)
inserted ``or Annex IV to the Antarctic Protocol''.
---------------------------------------------------------------------------
If an inspection under this subsection indicates that a
violation has occurred, the investigating officer shall forward
a report to the Secretary for appropriate action. The \57\
Secretary shall undertake to notify the master of the ship
concerned and, acting in coordination with the Secretary of
State, shall take any additional action required by Article 6
of the Convention.
---------------------------------------------------------------------------
\57\ Sec. 2104(a) of Public Law 100-220 (101 Stat. 1462) struck out
``If a report made under this subsection involves a ship, other than
one of United States registry or nationality or one operated under the
authority of the United States, the'' and inserted in lieu thereof
``The''.
---------------------------------------------------------------------------
(d)(1) \58\ The Secretary may inspect a ship referred to in
section 3(a)(3) of this Act to verify whether the ship has
disposed of garbage in violation of Annex V to the Convention,
Article 5 of Annex IV to the Antarctic Protocol,\59\ or this
Act.
---------------------------------------------------------------------------
\58\ Sec. 2104(b) of Public Law 100-220 (101 Stat. 1463)
redesignated former subsec. ``(d)'' as subsec. ``(f)'' and added new
subsecs. ``(d)'' and ``(e)''.
\59\ Sec. 201(e)(8) of Public Law 104-227 (110 Stat. 3043) inserted
``, Article 5 of Annex IV to the Antarctic Protocol,''.
---------------------------------------------------------------------------
(2) If an inspection under this subsection indicates that a
violation has occurred, the Secretary may undertake enforcement
action under section 9 of this Act.
(e)(1) \58\ The Secretary may inspect at any time a ship of
United States registry or nationality or operating under the
authority of the United States to which the MARPOL Protocol or
the Antarctic Protocol \60\ applies to verify whether the ship
has discharged a harmful substance or disposed of garbage in
violation of those Protocols \61\ or this Act.
---------------------------------------------------------------------------
\60\ Sec. 201(e)(9)(A) of Public Law 104-227 (110 Stat. 3043)
inserted ``or the Antarctic Protocol''.
\61\ Sec. 201(e)(9)(B) of Public Law 104-227 (110 Stat. 3043)
struck out ``that Protocol'' and inserted in lieu thereof ``those
Protocols''.
---------------------------------------------------------------------------
(2) If an inspection under this subsection indicates that a
violation of the MARPOL Protocol, of Annex IV to the Antarctic
Protocol,\62\ or of this Act \63\ has occurred, the Secretary
may undertake enforcement action under section 9 of this Act.
---------------------------------------------------------------------------
\62\ Sec. 201(e)(10) of Public Law 104-227 (110 Stat. 3043)
inserted ``, of Annex IV to the Antarctic Protocol,''.
\63\ Sec. 201(3) of Public Law 101-225 (103 Stat. 1910) inserted
``or of this Act''.
---------------------------------------------------------------------------
(f) \58\ Remedies and requirements of this Act supplement
and neither amend nor repeal any other provisions of law,
except as expressly provided in this Act. Nothing in this Act
shall limit, deny, amend, modify, or repeal any other remedy
available to the United States or any other person, except as
expressly provided in this Act.
Sec. 9.\64\ (a) A person who knowingly violates the MARPOL
Protocol,, Annex IV to the Antarctic Protocol,\65\ this Act, or
the regulations issued thereunder commits a class D felony.\66\
In the discretion of the Court, an amount equal to not more
than \1/2\ of such fine may be paid to the person giving
information leading to conviction.\67\
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\64\ 33 U.S.C. 1908.
\65\ Sec. 201(f) of Public Law 104-227 (110 Stat. 3043) inserted
``, Annex IV to the Antarctic Protocol,'' (resulting in a double
comma).
\66\ Sec. 4302(n) of the Oil Pollution Act of 1990 (Public Law 101-
380; 104 Stat. 539) struck out ``shall, for each violation, be fined
not more than $50,000 or be imprisoned for not more than 5 years, or
both.'' and inserted in lieu thereof ``commits a class D felony.''.
\67\ Sec. 2105(a)(1) of Public Law 100-220 (101 Stat. 1463) added
this sentence.
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(b) A person who is found by the Secretary, after notice
and an opportunity for a hearing, to have--
(1) violated the MARPOL Protocol,, Annex IV to the
Antarctic Protocol,\65\ this Act, or the regulations
issued thereunder shall be liable to the United States
for a civil penalty, not to exceed $25,000 for each
violation; or
(2) make a false, fictitious, or fraudulent statement
or representation in any matter in which a statement or
representation is required to be made to the Secretary
under the MARPOL Protocol,, Annex IV to the Antarctic
Protocol,\65\ this Act, or the regulations thereunder,
shall be liable to the United States for a civil
penalty, not to exceed $5,000 for each statement or
representation.
Each day of a continuing violation shall constitute a separate
violation. The amount of the civil penalty shall be assessed by
the Secretary, or his designee, by written notice. In
determining the amount of the penalty, the Secretary shall take
into account the nature, circumstances, extent, and gravity of
the prohibited acts committed and, with respect to the
violator, the degree of culpability, any history of prior
offenses, ability to pay, and other matters as justice may
require. An amount equal to not more than \1/2\ of such
penalties may be paid by the Secretary to the person giving
information leading to the assessment of such penalties.\68\
---------------------------------------------------------------------------
\68\ Sec. 2105(a)(2) of Public Law 100-220 (101 Stat. 1463) added
this sentence.
---------------------------------------------------------------------------
(c) The Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty which is subject to
assessment or which has been assessed under this section. If
any person fails to pay an assessment of a civil penalty after
it has become final, the Secretary may refer the matter to the
Attorney General of the United States for collection in any
appropriate district court of the United States.
(d) A ship operated in violation of the MARPOL Protocol,,
Annex IV to the Antarctic Protocol,\65\ this Act, or the
regulations thereunder is liable in rem for any fine imposed
under subsection (a) or civil penalty assessed pursuant to
subsection (b), and may be proceeded against in the United
States district court of any district in which the ship may be
found.
(e) If any ship subject to the MARPOL Protocol, Annex IV to
the Antarctic Protocol,\69\ or this Act, its owner, operator,
or person in charge is liable for a fine or civil penalty under
this section, or if reasonable cause exists to believe that the
ship, its owner, operator, or person in charge may be subject
to a fine or civil penalty under this section, the Secretary of
the Treasury, upon the request of the Secretary, shall refuse
or revoke--
---------------------------------------------------------------------------
\69\ Sec. 201(f)(5) of Public Law 104-227 (110 Stat. 3043) inserted
``, Annex IV to the Antarctic Protocol,'' after ``MARPOL Protocol''.
---------------------------------------------------------------------------
(1) the clearance required by section 4197 of the
Revised Statutes of the United States as amended (46
U.S.C. 91); or
(2) a permit to proceed under section 4367 of the
Revised Statutes of the United States (46 U.S.C. 313)
or section 443 of the Tariff Act 1930, as amended (19
U.S.C. 1443).
Clearance or a permit to proceed may be granted upon the filing
of a bond or other surety satisfactory to the Secretary.
(f) Notwithstanding subsection (a), (b), or (d) of this
section, if the violation is by a ship registered in or of the
nationality of a country party to the MARPOL Protocol or the
Antarctic Protocol,\70\ or one operated under the authority of
a country party to the MARPOL Protocol or the Antarctic
Protocol,\70\ the Secretary, acting in coordination with the
Secretary of State, may refer the matter to the government of
the country of the ships of the ship's registry or nationality,
or under whose authority the ship is operating \71\ for
appropriate action, rather than taking the actions required or
authorized by this section.
---------------------------------------------------------------------------
\70\ Sec. 201(f)(6) of Public Law 104-227 (110 Stat. 3043) inserted
``or the Antarctic Protocol''.
\71\ Sec. 2105(b) of Public Law 100-220 (101 Stat. 1463) struck out
``to that country'' and inserted in lieu thereof ``to the government of
the country of the ships of the ship's registry or nationality, or
under whose authority the ship is operating''.
---------------------------------------------------------------------------
Sec. 10.\72\ (a) A proposed amendment to the MARPOL
Protocol received by the United States from the Secretary-
General of the International Maritime Organization \73\
pursuant to Article VI of the MARPOL Protocol, may be accepted
on behalf of the United States by the President following the
advice and consent of the Senate, except as provided for in
subsection (b) of this section.
---------------------------------------------------------------------------
\72\ 33 U.S.C. 1909.
\73\ Sec. 2106 of Public Law 100-220 (101 Stat. 1463) struck out
``Inter-Governmental Maritime Consultative Organization'' and inserted
in lieu thereof ``International Maritime Organization''.
---------------------------------------------------------------------------
(b) A proposed amendment to Annex I, II, or V to the
Convention, appendices to those Annexes, or Protocol I of the
Convention,\74\ received by the United States from the
Secretary-General of the International Maritime Organization
\73\ pursuant to Article VI of the MARPOL Protocol, may be the
subject of appropriate action on behalf of the United States by
the Secretary of State following consultation with the
Secretary, who shall inform the Secretary of State as to what
action he considers appropriate at least 30 days prior to the
expiration of the period specified in Article VI of the MARPOL
Protocol during which objection may be made to any amendment
received.
---------------------------------------------------------------------------
\74\ Sec. 2106(2) of Public Law 100-220 (101 Stat. 1463) struck out
``Annex I or II, appendices to the Annexes, or Protocol I of the MARPOL
Protocol,'' and inserted in lieu thereof ``Annex I, II, or V to the
Convention, appendices to those Annexes, or Protocol I of the
Convention,''.
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(c) Following consultation with the Secretary, the
Secretary of State may make a declaration that the United
States does not accept an amendment proposed pursuant to
Article VI of the MARPOL Protocol.
Sec. 11.\75\ (a) Except as provided in subsection (b) of
this section, any person having an interest which is, or can
be, adversely affected, may bring an action on his own behalf--
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\75\ 33 U.S.C. 1910.
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(1) against any person alleged to be in violation of
the provisions of this Act, or regulations issued
hereunder;
(2) against the Secretary where there is alleged a
failure of the Secretary to perform any act or duty
under this Act which is not discretionary with the
Secretary;
(3) against the Secretary of the Treasury where there
is alleged a failure of the Secretary of the Treasury
to take action under section 9(e) of this Act.
(b) No action may be commenced under subsection (a) of this
section--
(1) prior to 60 days after the plaintiff has given
notice, in writing and under oath, to the alleged
violator, the Secretary concerned, and the Attorney
General; or
(2) if the Secretary has commenced enforcement or
penalty action with respect to the alleged violation
and is conducting such procedures diligently.
(c) Any suit brought under this section shall be brought--
(1) in a case concerning an onshore facility or port,
in the United States district court for the judicial
district where the onshore facility or port is located;
(2) in a case concerning an offshore facility or
offshore structure under the jurisdiction of the United
States, in the United States district court for the
judicial district nearest the offshore facility or
offshore structure;
(3) in a case concerning a ship, in the United States
district court for any judicial district wherein the
ship or its owner or operator may be found; or
(4) in any case, in the District Court for the
District of Columbia.
(d) The court, in issuing any final order in any action
brought pursuant to this section, may award costs of litigation
(including reasonable attorney and expert witness fees) to any
party including the Federal Government.
(e) In any action brought under this section, if the
Secretary or Attorney General are not parties of record, the
United States, through the Attorney General, shall have the
right to intervene.
Sec. 12. On the effective date of this Act--
(a) the Oil Pollution Act, 1961, as amended (75 Stat.
402; 33 U.S.C. 1001 et seq.) is repealed. Any criminal
or civil penalty proceeding under that Act for a
violation which occurred prior to the effective date of
this Act may be initiated or continued to conclusion as
though that Act had not been repealed; and
(b) the Oil Pollution Act Amendments of 1973 (87
Stat. 428, Public Law 93-119) are repealed.
Sec. 13.\76\ * * *
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\76\ Sec. 13 amended sec. 4417a of the Revised Statutes of the
United States (46 U.S.C. 391a), and sec. 311(b)(3) of the Federal Water
Pollution Control Act.
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Sec. 14.\77\ (a) Except as provided in subsection (b) of
this section, this Act is effective upon the date of enactment,
or on the date the MARPOL Protocol becomes effective as to the
United States, whichever is later.\78\
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\77\ 33 U.S.C. 1901 note.
\78\ This Act became effective, except as provided in Sec. 14(b),
on October 2, 1983, at which time the MARPOL Protocol became effective
as to the United States.
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(b) The Secretary and the heads of Federal departments
shall have the authority to issue regulations, standards, and
certifications under sections 3(c), 3(d), 4(b), 5(a), 6(a),
6(c), and 6(f) effective on the date of enactment of this Act.
Section 13(a)(2) is effective upon the date of enactment of
this Act.
(c) Any rights or liabilities existing on the effective
date of this Act shall not be affected by this enactment. Any
regulations or procedures promulgated or effected pursuant to
the Oil Pollution Act, 1961, as amended, remain in effect until
modified or superseded by regulations promulgated under the
authority of the MARPOL Protocol or this Act.
Sec. 15.\79\ Nothing in this Act shall be construed as
limiting, diminishing, or otherwise restricting any of the
authority of the Secretary under the Port and Tanker Safety Act
of 1978 (Public Law 95-474).
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\79\ 33 U.S.C. 1911.
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Sec. 16.\80\ * * *
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\80\ Sec. 16 amended sec. 4 of the Act of 1950 (16 U.S.C. 742c(c)).
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Sec. 17.\81\ Any action taken under this Act shall be taken
in accordance with international law.
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\81\ 33 U.S.C. 1912. Sec. 2108 of Public Law 100-220 (101 Stat.
1464) added sec. 17.
c. Deepwater Port Act of 1974
Partial text of Public Law 93-627 [H.R. 10701], 88 Stat. 2126, approved
January 3, 1975; as amended by Public Law 98-419 [Deepwater Port Act
Amendments of 1984; S. 1546], 98 Stat. 1607, approved September 25,
1984; Public Law 104-66 [Federal Reports Elimination and Sunset Act of
1995; S. 790], 109 Stat. 707, approved December 21, 1995; Public Law
104-324 [Deepwater Port Modernization Act; S. 1004], 110 Stat. 3901,
approved October 19, 1996; Public Law 107-295 [Maritime Transportation
Security Act of 2002; S. 1214], 116 Stat. 2064, approved November 25,
2002; and Public Law 109-58 [Energy Policy Act of 2005; H.R. 6], 119
Stat. 544, approved August 8, 2005
AN ACT To regulate commerce, promote efficiency in transportation, and
protect the environment, by establishing procedures for the location,
construction, and operation of deepwater ports off the coast of the
United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Deepwater Port Act of 1974''.
declaration of policy
Sec. 2.\1\ (a) It is declared to be the purposes of the
Congress in this Act to--
---------------------------------------------------------------------------
\1\ 33 U.S.C. 1501.
---------------------------------------------------------------------------
(1) authorize and regulate the location, ownership,
construction, and operation of deepwater ports in
waters beyond the territorial limits of the United
States;
(2) provide for the protection of the marine and
coastal environment to prevent or minimize any adverse
impact which might occur as a consequence of the
development of such ports;
(3) protect the interests of the United States and
those of adjacent coastal States in the location,
construction, and operation of deepwater ports; \2\
---------------------------------------------------------------------------
\2\ Sec. 502(b) of the Deepwater Port Modernization Act (title V of
Public Law 104-324; 110 Stat. 3925) struck out ``and'' at the end of
para. (3); replaced the period at the end of para. (4) with a
semicolon; and added new paras. (5) and (6).
---------------------------------------------------------------------------
(4) protect the rights and responsibilities of States
and communities to regulate growth, determine land use,
and otherwise protect the environment in accordance
with law; \2\
(5) \2\ promote the construction and operation of
deepwater ports as a safe and effective means of
importing oil or natural gas \3\ into the United States
and transporting oil or natural gas \3\ from the outer
continental shelf while minimizing tanker traffic and
the risks attendant thereto; and
---------------------------------------------------------------------------
\3\ Sec. 106(a)(1) of Public Law 107-295 (116 Stat. 2086) inserted
``or natural gas''.
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(6) \2\ promote oil or natural gas \3\ production on
the outer continental shelf by affording an economic
and safe means of transportation of outer continental
shelf oil or natural gas \3\ to the United States
mainland.
(b) The Congress declares that nothing in this Act shall be
construed to affect the legal status of the high seas, the
superjacent airspace, or the seabed and subsoil, including the
Continental Shelf.
definitions
Sec. 3.\4\ As used in this Act, unless the context
otherwise requires, the term--
---------------------------------------------------------------------------
\4\ 33 U.S.C. 1502.
---------------------------------------------------------------------------
(1) ``adjacent coastal State'' means any coastal
State which (A) would be directly connected by pipeline
to a deepwater port, as proposed in an application; (B)
would be located within 15 miles of any such proposed
deepwater port; or (C) is designated by the Secretary
in accordance with section 9(a)(2) of this Act;
(2) ``affiliate'' means any entity owned or
controlled by, any person who owns or controls, or any
entity which is under common ownership or control with
an applicant, licensee, or any person required to be
disclosed pursuant to section 5(c)(2) (A) or (B);
(3) \5\ ``application'' means an application
submitted under this Act for a license for the
ownership, construction, and operation of a deepwater
port;
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\5\ Sec. 2(a) of Public Law 98-419 (98 Stat. 1607) amended and
restated para. (3), originally enacted as para. (4). Sec. 503(a) of the
Deepwater Port Modernization Act (title V of Public Law 104-324; 110
Stat. 3926) struck out para. (3) and redesignated remaining paras. as
(3) through (18). Former para. (3) read as follows:
``(3) `antitrust laws' includes the Act of July 2, 1890, as
amended, the Act of October 15, 1914, as amended, the Federal Trade
Commission Act (15 U.S.C. 41 et seq.), and sections 73 and 74 of the
Act of August 27, 1894, as amended;''.
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(4) \5\ ``citizen of the United States'' means any
person who is a United States citizen by law, birth, or
naturalization, any State, any agency of a State or a
group of States, or any corporation, partnership, or
association organized under the laws of any State which
has as its president or other executive officer and as
its chairman of the board of directors, or holder of a
similar office, a person who is a United States citizen
by law, birth or naturalization and which has no more
of its directors who are not United States citizens by
law, birth or naturalization than constitute a minority
of the number required for a quorum necessary to
conduct the business of the board;
(5) \5\ ``coastal environment'' means the navigable
waters (including the lands therein and thereunder and
the adjacent shorelines including waters therein and
thereunder). The term includes transitional and
intertidal areas, bays, lagoons, salt marshes,
estuaries, and beaches; the fish, wildfish and other
living resources thereof; and the recreational and
scenic values of such lands, waters and resources;
(6) \5\ ``coastal State'' means any State of the
United States in or bordering on the Atlantic, Pacific,
or Arctic Oceans, or the Gulf of Mexico;
(7) \5\ ``construction'' means the supervising,
inspection, actual building, and all other activities
incidental to the building, repairing, or expanding of
a deepwater port or any of its components, including,
but not limited to, pile driving and bulkheading, and
alterations, modifications, or additions to the
deepwater port;
(8) \5\ ``control'' means the power, directly or
indirectly, to determine the policy, business
practices, or decisionmaking process of another person,
whether by stock or other ownership interest, by
representation on a board of directors or similar body,
by contract or other agreement with stockholders or
others, or otherwise;
(9) \5\, \6\ ``deepwater port''--
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\6\ Sec. 106(b) of Public Law 107-295 (116 Stat. 2086) amended and
restated para. (9); redesignated paras. (13) through (18) as paras.
(14) through (19); and added a new para. (13).
Previously, sec. 503(b) of the Deepwater Port Modernization Act
(title V of Public Law 104-324; 110 Stat. 3926) amended para. (9).
---------------------------------------------------------------------------
(A) means any fixed or floating manmade
structure other than a vessel, or any group of
such structures, that are located beyond State
seaward boundaries and that are used or
intended for use as a port or terminal for the
transportation, storage, or further handling of
oil or natural gas for transportation to any
State, except as otherwise provided in section
23, and for other uses not inconsistent with
the purposes of this Act, including
transportation of oil or natural gas from the
United States outer continental shelf;
(B) includes all components and equipment,
including pipelines, pumping stations, service
platforms, buoys, mooring lines, and similar
facilities to the extent they are located
seaward of the high water mark;
(C) in the case of a structure used or
intended for such use with respect to natural
gas, includes all components and equipment,
including pipelines, pumping or compressor
stations, service platforms, buoys, mooring
lines, and similar facilities that are proposed
or approved for construction and operation as
part of a deepwater port, to the extent that
they are located seaward of the high water mark
and do not include interconnecting facilities;
and
(D) shall be considered a `new source' for
purposes of the Clean Air Act (42 U.S.C. 7401
et seq.), and the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.);
(10) \5\ ``Governor'' means the Governor of a State
or the person designated by State law to exercise the
powers granted to the Governor pursuant to this Act;
(11) \5\ ``licensee'' means a citizen of the United
States holding a valid license for the ownership,
construction, and operation of a deepwater port that
was issued, transferred, or renewed pursuant to this
Act;
(12) \5\ ``marine environment'' includes the coastal
environment, waters of the contiguous zone, and waters
of the high seas; the fish, wildlife, and other living
resources of such waters; and the recreational and
scenic values of such waters and resources;
(13) \6\ ``natural gas'' means either natural gas
unmixed, or any mixture of natural or artificial gas,
including compressed or liquefied natural gas, natural
gas liquids, liquified petroleum gas and condensate
recovered from natural gas; \7\
---------------------------------------------------------------------------
\7\ Sec. 321(b) of Public Law 109-58 (119 Stat. 694) inserted ``,
natural gas liquids, liquified petroleum gas and condensate recovered
from natural gas''.
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(14) \5\, \6\ ``oil'' means petroleum,
crude oil, and any substance refined from petroleum or
crude oil;
(15) \5\, \6\ ``person'' includes an
individual, a public or private corporation, a
partnership or other association, or a government
entity;
(16) \5\, \6\ ``safety zone'' means the
safety zone established around a deepwater port as
determined by the Secretary in accordance with section
10(d) of this Act;
(17) \5\, \6\ ``Secretary'' means the
Secretary of Transportation;
(18) \5\, \6\ ``State'' includes each of
the States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and the
Territories and possessions of the United States; and
(19) \5\, \6\ ``vessel'' means every
description of watercraft or other artificial
contrivance used as a means of transportation on or
through the water.
* * * * * * *
marine environmental protection and navigational safety
Sec. 10.\8\ (a) Subject to recognized principles of
international law and the provision of adequate opportunities
for public involvement,\9\ the Secretary shall prescribe and
enforce procedures, either by regulation (for basic standards
and conditions) or by the licensee's operations manual, with
respect to \10\ rules governing vessel movement, loading and
unloading procedures, designation and marking of anchorage
areas, maintenance, law enforcement, and the equipment,
training, and maintenance required (A) to prevent pollution of
the marine environment, (B) to clean up any pollutants which
may be discharged, and (C) to otherwise prevent or minimize any
adverse impact from the construction and operation of such
deepwater port.
---------------------------------------------------------------------------
\8\ 33 U.S.C. 1509.
\9\ Sec. 508(1) of the Deepwater Port Modernization Act (title V of
Public Law 104-324; 110 Stat. 3927) inserted ``and the provision of
adequate opportunities for public involvement''.
\10\ Sec. 508(2) of the Deepwater Port Modernization Act (title V
of Public Law 104-324; 110 Stat. 3927) struck out ``shall prescribe by
regulation and enforce procedures with respect to any deepwater port,
including, but not limited to,'' and inserted in lieu thereof ``shall
prescribe and enforce procedures, either by regulation (for basic
standards and conditions) or by the licensee's operations manual, with
respect to''.
---------------------------------------------------------------------------
(b) The Secretary shall issue and enforce regulations with
respect to lights and other warning devices, safety equipment,
and other matters relating to the promotion of safety of life
and property in any deepwater port and the waters adjacent
thereto.
(c) The Secretary shall mark, for the protection of
navigation, any component of a deepwater port whenever the
licensee fails to mark such component in accordance with the
applicable regulations. The licensee shall pay the cost of such
marking.
(d)(1) Subject to recognized principles of international
law and after consultation with the Secretary of the Interior,
the Secretary of Commerce, the Secretary of State, and the
Secretary of Defense, the Secretary shall designate a zone of
appropriate size around and including any deepwater port for
the purpose of navigational safety. In such zone, no
installations, structures, or uses will be permitted that are
incompatible with the operation of the deepwater port. The
Secretary shall by regulation define permitted activities
within such zone. The Secretary shall, not later than 30 days
after publication of notice pursuant to section 5(c) of this
Act, designate such safety zone with respect to any proposed
deepwater port.
(2) In addition to any other regulations, the Secretary is
authorized, in accordance with this subsection, to establish a
safety zone to be effective during the period of construction
of a deepwater port and to issue rules and regulations relating
thereto.
international agreements
Sec. 11.\11\ The Secretary of State, in consultation with
the Secretary, shall seek effective international action and
cooperation in support of the policy and purposes of this Act
and may formulate, present, or support specific proposals in
the United Nations and other competent international
organizations for the development of appropriate international
rules and regulations relative to the construction, ownership,
and operation of deepwater ports, with particular regard for
measures that assure protection of such facilities as well as
the promotion of navigational safety in the vicinity thereof.
---------------------------------------------------------------------------
\11\ 33 U.S.C. 1510.
---------------------------------------------------------------------------
* * * * * * *
relationship to other laws
Sec. 19.\12\ (a)(1) The Constitution, laws, and treaties of
the United States shall apply to a deepwater port licensed
under this Act and to activities connected, associated, or
potentially interfering with the use or operation of any such
port, in the same manner as if such port were an area of
exclusive Federal jurisdiction located within a State. Nothing
in this Act shall be construed to relieve, exempt, or immunize
any person from any other requirement imposed by Federal law,
regulation, or treaty. Deepwater ports licensed under this Act
do not possess the status of islands and have no territorial
seas of their own.
---------------------------------------------------------------------------
\12\ 33 U.S.C. 1518.
---------------------------------------------------------------------------
(2) Except as otherwise provided by this Act, nothing in
this Act shall in any way alter the responsibilities and
authorities of a State or the United States within the
territorial seas of the United States.
(3) \13\ The Secretary of State shall notify the government
of each foreign state having vessels registered under its
authority or flying its flag which may call at or otherwise
utilize a deepwater port but which do not currently have an
agreement in effect as provided in subsection (c)(2)(A)(i) of
this section that the United States intends to exercise
jurisdiction over vessels calling at or otherwise utilizing a
deepwater port and the persons on board such vessels. The
Secretary of State shall notify the government of each such
state that, absent its objection, its vessels will be subject
to the jurisdiction of the United States whenever they--
---------------------------------------------------------------------------
\13\ Sec. 5(a) of Public Law 98-419 (98 Stat. 1609) added para.
(3), and sec. 5(c) of that Act provided, in part, that ``[T]he
Secretary of State shall make the first series of notification referred
to in section 19(a)(3) of the Deepwater Port Act of 1974, as added by
subsection (a) of this section, prior to the thirtieth day following
the date of enactment of this Act'' [enacted September 25, 1984].
---------------------------------------------------------------------------
(A) are calling at or otherwise utilizing a deepwater
port; and
(B) are within the safety zone of such a deepwater
port and are engaged in activities connected,
associated, or potentially interfering with the use and
operation of the deepwater port.
The Secretary of State shall promptly inform licensees of
deepwater ports of all objections received from government of
foreign states in response to notifications made under this
paragraph.
(b) The law of the nearest adjacent coastal State, now in
effect or hereafter adopted, amended, or repealed, is declared
to be the law of the United States, and shall apply to any
deepwater port licensed pursuant to this Act, to the extent
applicable and not inconsistent with any provision or
regulation under this Act or other Federal laws and regulations
now in effect or hereafter adopted, amended, or repealed. All
such applicable laws shall be administered and enforced by the
appropriate officers and courts of the United States. For
purposes of this subsection, the nearest adjacent coastal State
shall be that State whose seaward boundaries, if extended
beyond 3 miles, would encompass the site of the deepwater port.
(c) \14\ (1) The jurisdiction of the United States shall
apply to vessels of the United States and persons on board such
vessels. The jurisdiction of the United States shall also apply
to vessels, and person on board such vessels, registered in or
flying the flags of foreign states, whenever such vessels are--
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\14\ Sec. 5(b) of Public Law 98-419 (98 Stat. 1609) amended and
restated subsec. (c), effective ninety days after the enactment of that
Act (enacted September 25, 1984). Subsec. (c) formerly read as follows:
``(c) Except in a situation involving force majeure, a license of a
deepwater port shall not permit a vessel, registered in or flying the
flag of a foreign state, to call at, or otherwise utilize a deepwater
port licensed under this Act unless (1) the foreign state involved, by
specific agreement with the United States, has agreed to recognize the
jurisdiction of the United States over the vessel and its personnel, in
accordance with the provisions of this Act, while the vessel is located
within the safety zone, and (2) the vessel owner or operator has
designated an agent in the United States for receipt of service of
process in the event of any claim or legal proceeding resulting from
activities of the vessel or its personnel while located within such a
safety zone.''.
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(A) calling at or otherwise utilizing a deepwater
port; and
(B) are within the safety zone of such a deepwater
port, and are engaged in activities connected,
associated, or potentially interfering with the use and
operations of the deepwater port.
The jurisdiction of the United States under this paragraph
shall not, however, apply to vessels registered in or flying
the flag of any foreign state that has objected to the
application of such jurisdiction.
(2) Except in a situation involving force majeure, a
licensee shall not permit a vessel registered in or flying the
flag of a foreign state to call at or otherwise utilize a
deepwater port licensed under this Act unless--
(A)(i) the foreign state involved, by specific
agreement with the United States, has agreed to
recognize the jurisdiction of the United States over
the vessels registered in or flying the flag of that
state and persons on board such vessels in accordance
with the provisions of paragraph (1) of this
subsection, while the vessel is located within the
safety zone, or
(ii) the foreign states has not objected to the
application of the jurisdiction of the United States to
any vessel, or persons on board such vessel, while the
vessel is located within the safety zone; and
(B) the vessel owner or operator has designated an
agent in the United States for receipt of service of
process in the event of any claim or legal proceeding
resulting from activities of the vessel or its
personnel while located within such a safety zone.
(3) For purposes of paragraph (2)(A)(ii) of this
subsection, a licensee shall not be obliged to prohibit a call
at or use of a deepwater port by a vessel registered in or
flying the flag of an objecting state unless the licensee has
been informed by the Secretary of State as required by
subsection (a)(3) of this section.
(d) The customs laws administered by the Secretary of the
Treasury shall not apply to any deepwater port licensed under
this Act, but all foreign articles to be used in the
construction of any such deepwater port, including any
component thereof, shall first be made subject to all
applicable duties and taxes which would be imposed upon or by
reason of their importation if they were imported for
consumption in the United States. Duties and taxes shall be
paid thereon in accordance this laws applicable to merchandise
imported into the customs territory of the United States.
(e) The United States district courts shall have original
jurisdiction of cases and controversies arising out of or in
connection with the construction and operation of deepwater
ports, and proceedings with respect to any such case or
controversy may be instituted in the judicial district in which
any defendant resides or may be found, or in the judicial
district of the adjacent coastal State nearest the place where
the cause of action arose.
(f) Section 4(a)(2) of the Act of August 7, 1953 (67 Stat.
462) is amended by deleting the words ``as of the effective
date of this Act'' in the first sentence thereof and inserting
in lieu thereof the words ``, now in effect or hereafter
adopted, amended, or repealed''.
Sec. 20.\15\ * * * [Repealed--1995]
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\15\ Formerly at 33 U.S.C. 1519. Sec. 1121(a) of the Federal
Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 109
Stat. 707) repealed sec. 20, which had required that the Secretary of
Commerce report to Congress annually on the administration of various
deepwater port activities.
---------------------------------------------------------------------------
* * * * * * *
negotiations with canada and mexico
Sec. 22.\16\ The President of the United States is
authorized and requested to enter into negotiations with the
Governments of Canada and Mexico to determine:
---------------------------------------------------------------------------
\16\ 33 U.S.C. 1521.
---------------------------------------------------------------------------
(1) the need for intergovernmental understandings,
agreements, or treaties to protect the interests of the
people of Canada, Mexico, and the United States and of
any party or parties involved with the construction or
operation of deepwater ports; and
(2) the desirability of undertaking joint studies and
investigations designed to insure protection of the
environment and to eliminate any legal and regulatory
uncertainty, to assure that the interests of the people
of Canada, Mexico, and the United States are adequately
met.
The President shall report to the Congress the actions taken,
the progress achieved, the areas of disagreements, and the
matters about which more information is needed, together with
his recommendations for further action.
* * * * * * *
d. Intervention on the High Seas Act
Public Law 93-248 [S. 1070], 88 Stat. 8, approved February 5, 1974; as
amended by Public Law 95-302 [S. 2380], 92 Stat. 344, approved June 26,
1978; Public Law 97-164 [Federal Courts Improvement Act of 1982; H.R.
4482], 96 Stat. 25 at 49, approved April 2, 1982; Public Law 101-380
[Oil Pollution Act of 1990; H.R. 1465], 104 Stat. 484, approved August
18, 1990; and Public Law 102-572 [Court of Federal Claims Technical and
Procedural Improvements Act of 1992; S. 1569], 106 Stat. 4516, approved
October 29, 1992
AN ACT To implement the International Convention Relating to
Intervention on the High Seas in Cases of Oil Pollution Casualties,
1969.\1\
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Intervention on the High Seas Act''.
---------------------------------------------------------------------------
\1\ See boxnote, page 2.
---------------------------------------------------------------------------
Sec. 2.\2\ As used in this Act--
---------------------------------------------------------------------------
\2\ 33 U.S.C. 1471. Sec. 1(1) of Public Law 95-302 (92 Stat. 344)
amended and restated sec. 2. As provided in sec. 2 of Public Law 95-
302, this amendment did not become effective until March 30, 1983, when
the Protocol referred to in para. (6) became effective for the United
States.
---------------------------------------------------------------------------
(1) ``a substance other than convention oil'' means
those oils, noxious substances, liquefied gases, and
radioactive substances--
(A) enumerated in the protocol, or
(B) otherwise determined to be hazardous
under section 4(a);
(2) ``convention'' means the International Convention
Relating to Intervention on the High Seas in Cases of
Oil Pollution Casualties, 1969, including annexes
thereto;
(3) ``convention oil'' means crude oil, fuel oil,
diesel oil, and lubricating oil;
(4) ``Secretary'' means the Secretary of the
department in which the Coast Guard is operating;
(5) ``ship'' means--
(A) a seagoing vessel of any type whatsoever,
and
(B) any floating craft, except an
installation or device engaged in the
exploration and exploitation of the resources
of the seabed and the ocean floor and the
subsoil thereof;
(6) ``protocol'' means the Protocol Relating to
Intervention on the High Seas in Cases of Marine
Pollution by Substances Other Than Oil, 1973, including
annexes thereto; and
(7) ``United States'' means the States, the District
of Columbia, the Commonwealth of Puerto Rico, the Canal
Zone, Guam, American Samoa, the United States Virgin
Islands, the Trust Territory of the Pacific Islands,
the Commonwealth of the Northern Marianas, and any
other commonwealth, territory, or possession of the
United States.
Sec. 3.\3\ Whenever a ship collision, standing, or other
incident of navigation or other occurrence on board a ship or
external to it resulting in material damage or imminent threat
of material damage to the ship or her cargo creates, as
determined by the Secretary, a grave and imminent danger to the
coastline or related interests of the United States from
pollution or threat of pollution of the sea by convention oil
or of the sea or atmosphere by a substance other than
convention oil \4\ which may reasonably be expected to result
in major harmful consequences, the Secretary may, except as
provided for in section 10, without liability for any damage to
the owners or operators of the ship, to her cargo or crew, or
to underwriters or other parties interested therein, take
measures on the high seas, in accordance with the provisions of
the convention, the protocol \5\ and this Act, to prevent,
mitigate, or eliminate the danger.
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\3\ 33 U.S.C. 1472.
\4\ Sec. 1(2)(A) of Public Law 95-302 (92 Stat. 344) struck out
``oil'' and inserted in lieu thereof ``convention oil or of the sea or
atmosphere by a substance other than convention oil''. As provided in
sec. 2 of Public Law 95-302, this amendment did not become effective
until March 30, 1983, when the Protocol referred to in sec. 2(6) of
this Act became effective for the United States.
\5\ Sec. 1(2)(B) of Public Law 95-302 (92 Stat. 344) struck out
``Convention'' and inserted in lieu thereof ``convention, the
protocol''. As provided in sec. 2 of Public Law 95-302, this amendment
did not become effective until March 30, 1983, when the Protocol
referred to in sec. 2(6) of this Act became effective for the United
States.
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Sec. 4.\6\ (a) \7\ The Secretary, after consultation with
the Administrator of the Environmental Protection Agency and
the Secretary of Commerce, shall determine when a substance
other than those enumerated in the protocol is liable to create
a hazard to human health, to harm living resources, to damage
amenities, or to interfere with other legitimate uses of the
sea.
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\6\ 33 U.S.C. 1473.
\7\ Sec. 1(3) of Public Law 95-302 (92 Stat. 344) designated the
existing text of sec. 4 as subsec. (b) and added a new subsec. (a). As
provided in sec. 2 of Public Law 95-302, this amendment did not become
effective until March 30, 1983, when the Protocol referred to in sec.
2(6) of this Act became effective for the United States.
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(b) \7\ In determining whether there is grave and imminent
danger or major harmful consequences to the coastline or
related interests of the United States, the Secretary shall
consider the interests of the United States, directly
threatened or affected including but not limited to, human
health,\8\ fish, shellfish, and other living marine resources,
wildlife, coastal zone, and estuarine activities, and public
and private shorelines and beaches.
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\8\ Sec. 1(3) of Public Law 95-302 (92 Stat. 344) inserted ``human
health,''. As provided in sec. 2 of Public Law 95-302, this amendment
did not become effective until March 30, 1983, when the Protocol
referred to in sec. 2(6) of this Act became effective for the United
States.
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Sec. 5.\9\ Upon a determination under section 3 of this Act
of a grave and imminent danger to the coastline or related
interests of the United States, the Secretary may--
---------------------------------------------------------------------------
\9\ 33 U.S.C. 1474.
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(1) coordinate and direct all public and private
efforts directed at the removal or elimination of the
threatened pollution damage;
(2) directly or indirectly undertake the whole or any
part of any salvage or other action he could require or
direct under subsection (1) of this section; and
(3) remove, and, if necessary, destroy the ship and
cargo which is the source of the danger.
Sec. 6.\10\ Before taking any measure under section 5 of
this Act, the Secretary shall--
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\10\ 33 U.S.C. 1475.
---------------------------------------------------------------------------
(1) consult, through the Secretary of State, with
other countries affected by the marine casualty, and
particularly with the flag countries of any ship
involved;
(2) notify without delay the Administrator of the
Environmental Protection Agency and any other persons,
known to the Secretary, or of whom he later becomes
aware, who have interests which can reasonably be
expected to be affected by any proposed measures; and
(3) consider any views submitted in response to the
consultation or notification required by subsections
(1) and (2) of this section.
Sec. 7.\11\ In cases of extreme urgency requiring measures
to be taken immediately, the Secretary may take those measures
rendered necessary by the urgency of the situation without the
prior consultation or notification as required by section 6 of
this Act or without the continuation of consultations already
begun.
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\11\ 33 U.S.C. 1476.
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Sec. 8.\12\ (a) Measures directed or conducted under this
Act shall be proportionate to the damage, actual or threatened,
to the coastline or related interests of the United States and
may not go beyond what is reasonably necessary to prevent,
mitigate, or eliminate that damage.
---------------------------------------------------------------------------
\12\ 33 U.S.C. 1477.
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(b) In considering whether measures are proportionate to
the damage the Secretary shall, among other things consider--
(1) the extent and probability of imminent damage if
those measures are not taken;
(2) the likelihood of effectiveness of those
measures; and
(3) the extent of the damage which may be caused by
those measures.
Sec. 9.\13\ In the direction and conduct of measures under
this Act the Secretary shall use his best endeavors to--
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\13\ 33 U.S.C. 1478.
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(1) assure the avoidance of risk to human life;
(2) render all possible aid to distressed persons,
including facilitating repatriation of ships' crews;
and
(3) not unnecessarily interfere with rights and
interests of others, including the flag state of any
ship involved, other foreign states threatened by
damage, and persons otherwise concerned.
Sec. 10.\14\ (a) The United States shall be obliged to pay
compensation to the extent of the damage caused by measures
which exceed those reasonably necessary to achieve the end
mentioned in section 3.
---------------------------------------------------------------------------
\14\ 33 U.S.C. 1479.
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(b) Actions against the United States seeking compensation
for any excessive measures may be brought in the United States
Court of Federal Claims,\15\ in any district court of the
United States, and in those courts enumerated in section 460 of
title 28, United States Code. For purposes of this Act,
American Samoa shall be included within the judicial district
of the District Court of the United States for the District of
Hawaii, and the Trust Territory of the Pacific Islands shall be
included within the judicial districts of both the District
Court of the United States for the District of Hawaii and the
District Court of Guam.
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\15\ Sec. 902(b)(1) of Public Law 102-572 (106 Stat. 4516) provided
that any reference in any Federal law or any document to the ``United
States Claims Court'' shall be deemed to refer to the ``United States
Court of Federal Claims''. Previously, sec. 161(6) of the Federal
Courts Improvement Act (Public Law 97-164; 96 Stat. 49) struck out
``United States Court of Claims'' and inserted in lieu thereof ``United
States Claims Court''.
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(c) \16\ With respect to intervention for a substance
identified pursuant to section 4(a), the United States has the
burden of establishing that, under the circumstances present at
the time of the intervention, the substance could reasonably
pose a grave and imminent danger analogous to that posed by a
substance enumerated in the protocol.
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\16\ Sec. 1(4) of Public Law 95-302 (92 Stat. 345) added subsec.
(c). As provided in sec. 2 of Public Law 95-302, this amendment did not
become effective until March 30, 1983, when the protocol referred to in
sec. 2(6) of this Act became effective for the United States.
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Sec. 11.\17\ The Secretary of State shall notify without
delay foreign states concerned, the Secretary-General of the
Inter-Governmental Maritime Consultative organization, and
persons affected by measures taken under this Act.
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\17\ 33 U.S.C. 1480.
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Sec. 12.\18\ (a) A person commits a class A misdemeanor if
that person--\19\
---------------------------------------------------------------------------
\18\ 33 U.S.C. 1481.
\19\ Sec. 4302(l)(1) of the Oil Pollution Act of 1990 (Public Law
101-380; 104 Stat. 539) struck out ``Any person who'' and inserted in
lieu thereof ``A person commits a class A misdemeanor if that person''.
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(1) willfully violates a provision of this Act or a
regulation issued thereunder; or
(2) willfully refuses or fails to comply with any
lawful order or direction given pursuant to this Act;
or
(3) willfully obstructs any person who is acting in
compliance with an order or direction under this
Act.\20\
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\20\ Sec. 4302(l)(2) of the Oil Pollution Act of 1990 (Public Law
101-380; 104 Stat. 539) struck out ``, shall be fined not more than
$10,000 or imprisoned not more than one year, or both'' in para. (3).
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(b) In a criminal proceeding for an offense under paragraph
(1) or (2) of subsection (a) of this section it shall be a
defense for the accused to prove that he used all due diligence
to comply with any order or direction or that he had reasonable
cause to believe that compliance would have resulted in serious
risk to human life.
Sec. 13.\21\ (a) The Secretary, in consultation with the
Secretary of State and the Administrator of the Environmental
Protection Agency, may nominate individuals to the list of
experts provided for in article III of the Convention and
article II of the protocol and may propose amendments to the
list of substances other than convention oil in accordance with
article III of the protocol.\22\
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\21\ 33 U.S.C. 1482.
\22\ Sec. 1(5)(A) of Public Law 95-302 (92 Stat. 345) added the
words to this point beginning with ``and article II of the protocol * *
* ''. As provided in sec. 2 of Public Law 95-302, this amendment did
not become effective until March 30, 1983, when the protocol referred
to in sec. 2(6) of this Act became effective for the United States.
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(b) The Secretary of State, in consultation with the
Secretary, shall designate or nominate, as appropriate and
necessary, the negotiators, conciliators, or arbitrators
provided for by the convention and the protocol.\23\
---------------------------------------------------------------------------
\23\ Sec. 1(5) of Public Law 95-302 (92 Stat. 345) struck out
``annexes thereto'' and inserted in lieu thereof ``protocol'' in
subsec. (b) and added a new subsec. (c). As provided in sec. 2 of
Public Law 95-302, this amendment did not become effective until March
30, 1983, when the protocol referred to in sec. 2(6) of this Act became
effective for the United States.
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(c) \23\ The President may accept amendments to the list of
substances other than convention oil in accordance with article
III of the protocol.
Sec. 14.\24\ No measures may be taken under authority of
this Act against any warship or other ship owned or operated by
a country and used, for the time being, only on Government
noncommercial service.
---------------------------------------------------------------------------
\24\ 33 U.S.C. 1483.
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Sec. 15.\25\ This Act shall be interpreted and administered
in a manner consistent with the convention, the protocol,\26\
and other international law. Except as specifically provided,
nothing in this Act may be interpreted to prejudice any
otherwise applicable right, duty, privilege, or immunity or
deprive any country or person of any remedy otherwise
applicable.
---------------------------------------------------------------------------
\25\ 33 U.S.C. 1484.
\26\ Sec. 2(6) of Public Law 95-302 (92 Stat. 345) inserted ``, the
protocol,''. As provided in sec. 2 of Public Law 95-302, this amendment
did not become effective until March 30, 1983, when the protocol
referred to in sec. 2(6) of this Act became effective for the United
States.
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Sec. 16.\27\ The Secretary may issue reasonable rules and
regulations which he considers appropriate and necessary for
the effective implementation of this Act.
---------------------------------------------------------------------------
\27\ 33 U.S.C. 1485.
---------------------------------------------------------------------------
Sec. 17.\28\ The Oil Spill Liability Trust Fund shall be
available to the Secretary for actions taken under sections 5
and 7 of this Act.
---------------------------------------------------------------------------
\28\ 33 U.S.C. 1486. Sec. 2001 of the Oil Pollution Act of 1990
(Public Law 101-380; 104 Stat. 506) amended and restated sec. 17. It
formerly read as follows:
``The revolving fund established under section 311(k) of the
Federal Water Pollution Control Act shall be available to the Secretary
for Federal actions and activities under section 5 of this Act.''.
---------------------------------------------------------------------------
Sec. 18.\29\ This Act shall be effective upon the date of
enactment, or upon the date the convention becomes effective as
to the United States, whichever is later.
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\29\ 33 U.S.C. 1487.
e. Coral Reef Protection
Executive Order 13089, June 11, 1998, 63 F.R. 32701, 16 U.S.C. 6401
note
By the authority vested in me as President by the
Constitution and the laws of the United States of America and
in furtherance of the purposes of the Clean Water Act of 1977,
as amended (33 U.S.C. 1251, et seq.), Coastal Zone Management
Act (16 U.S.C. 1451, et seq.), Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801, et seq.),
National Environmental Policy Act of 1969, as amended (42
U.S.C. 4321, et seq.), National Marine Sanctuaries Act, (16
U.S.C. 1431, et seq.), National Park Service Organic Act (16
U.S.C. 1, et seq.), National Wildlife Refuge System
Administration Act (16 U.S.C. 668dd-ee), and other pertinent
statutes, to preserve and protect the biodiversity, health,
heritage, and social and economic value of U.S. coral reef
ecosystems and the marine environment, it is hereby ordered as
follows:
Section 1. Definitions. (a) ``U.S. coral reef ecosystems''
means those species, habitats, and other natural resources
associated with coral reefs in all maritime areas and zones
subject to the jurisdiction or control of the United States
(e.g., Federal, State, territorial, or commonwealth waters),
including reef systems in the south Atlantic, Caribbean, Gulf
of Mexico, and Pacific Ocean.
(b) ``U.S. Coral Reef Initiative'' is an existing
partnership between Federal agencies and State, territorial,
commonwealth, and local governments, nongovernmental
organizations, and commercial interests to design and implement
additional management, education, monitoring, research, and
restoration efforts to conserve coral reef ecosystems for the
use and enjoyment of future generations. The existing U.S.
Islands Coral Reef Initiative strategy covers approximately 95
percent of U.S. coral reef ecosystems and is a key element of
the overall U.S. Coral Reef Initiative.
(c) ``International Coral Reef Initiative'' is an existing
partnership, founded by the United States in 1994, of
governments, intergovernmental organizations, multilateral
development banks, nongovernmental organizations, scientists,
and the private sector whose purpose is to mobilize governments
and other interested parties whose coordinated, vigorous, and
effective actions are required to address the threats to the
world's coral reefs.
Sec. 2. Policy. (a) All Federal agencies whose actions may
affect U.S. coral reef ecosystems shall: (a) identify their
actions that may affect U.S. coral reef ecosystems; (b) utilize
their programs and authorities to protect and enhance the
conditions of such ecosystems; and (c) to the extent permitted
by law, ensure that any actions they authorize, fund, or carry
out will not degrade the conditions of such ecosystems.
(b) Exceptions to this section may be allowed under terms
prescribed by the heads of Federal agencies:
(1) during time of war or national emergency;
(2) when necessary for reasons of national security,
as determined by the President;
(3) during emergencies posing an unacceptable threat
to human health or safety or to the marine environment
and admitting of no other feasible solution; or
(4) in any case that constitutes a danger to human
life or a real threat to vessels, aircraft, platforms,
or other man-made structures at sea, such as cases of
force majeure caused by stress of weather or other act
of God.
Sec. 3. Federal Agency Responsibilities. In furtherance of
section 2 of this order, Federal agencies whose actions affect
U.S. coral reef ecosystems, shall, subject to the availability
of appropriations, provide for implementation of measures
needed to research, monitor, manage, and restore affected
ecosystems, including, but not limited to, measures reducing
impacts from pollution, sedimentation, and fishing. To the
extent not inconsistent with statutory responsibilities and
procedures, these measures shall be developed in cooperation
with the U.S. Coral Reef Task Force and fishery management
councils and in consultation with affected States, territorial,
commonwealth, tribal, and local government agencies,
nongovernmental organizations, the scientific community, and
commercial interests.
Sec. 4. U.S. Coral Reef Task Force. The Secretary of the
Interior and the Secretary of Commerce, through the
Administrator of the National Oceanic and Atmospheric
Administration, shall co-chair a U.S. Coral Reef Task Force
(``Task Force''), whose members shall include, but not be
limited to, the Administrator of the Environmental Protection
Agency, the Attorney General, the Secretary of the Interior,
the Secretary of Agriculture, the Secretary of Commerce, the
Secretary of Defense, the Secretary of State, the Secretary of
Transportation, the Director of the National Science
Foundation, the Administrator of the Agency for International
Development, and the Administrator of the National Aeronautics
and Space Administration. The Task Force shall oversee
implementation of the policy and Federal agency
responsibilities set forth in this order, and shall guide and
support activities under the U.S. Coral Reef Initiative
(``CRI''). All Federal agencies whose actions may affect U.S.
coral reef ecosystems shall review their participation in the
CRI and the strategies developed under it, including strategies
and plans of State, territorial, commonwealth, and local
governments, and, to the extent feasible, shall enhance Federal
participation and support of such strategies and plans. The
Task Force shall work in cooperation with State, territorial,
commonwealth, and local government agencies, nongovernmental
organizations, the scientific community, and commercial
interests.
Sec. 5. Duties of the U.S. Coral Reef Task Force. (a) Coral
Reef Mapping and Monitoring. The Task Force, in cooperation
with State, territory, commonwealth, and local government
partners, shall coordinate a comprehensive program to map and
monitor U.S. coral reefs. Such programs shall include, but not
be limited to, territories and commonwealths, special marine
protected areas such as National Marine Sanctuaries, National
Estuarine Research Reserves, National Parks, National Wildlife
Refuges, and other entities having significant coral reef
resources. To the extent feasible, remote sensing capabilities
shall be developed and applied to this program and local
communities should be engaged in the design and conduct of
programs.
(b) Research. The Task Force shall develop and implement,
with the scientific community, research aimed at identifying
the major causes and consequences of degradation of coral reef
ecosystems. This research shall include fundamental scientific
research to provide a sound framework for the restoration and
conservation of coral reef ecosystems worldwide. To the extent
feasible, existing and planned environmental monitoring and
mapping programs should be linked with scientific research
activities. This Executive order shall not interfere with the
normal conduct of scientific studies on coral reef ecosystems.
(c) Conservation, Mitigation, and Restoration. The Task
Force, in cooperation with State, territorial, commonwealth,
and local government agencies, nongovernmental organizations,
the scientific community and commercial interests, shall
develop, recommend, and seek or secure implementation of
measures necessary to reduce and mitigate coral reef ecosystem
degradation and to restore damaged coral reefs. These measures
shall include solutions to problems such as land-based sources
of water pollution, sedimentation, detrimental alteration of
salinity or temperature, over-fishing, over-use, collection of
coral reef species, and direct destruction caused by activities
such as recreational and commercial vessel traffic and treasure
salvage. In developing these measures, the Task Force shall
review existing legislation to determine whether additional
legislation is necessary to complement the policy objectives of
this order and shall recommend such legislation if appropriate.
The Task Force shall further evaluate existing navigational
aids, including charts, maps, day markers, and beacons to
determine if the designation of the location of specific coral
reefs should be enhanced through the use, revision, or
improvement of such aids.
(d) International Cooperation. The Secretary of State and
the Administrator of the Agency for International Development,
in cooperation with other members of the Coral Reef Task Force
and drawing upon their expertise, shall assess the U.S. role in
international trade and protection of coral reef species and
implement appropriate strategies and actions to promote
conservation and sustainable use of coral reef resources
worldwide. Such actions shall include expanded collaboration
with other International Coral Reef Initiative (``ICRI'')
partners, especially governments, to implement the ICRI through
its Framework for Action and the Global Coral Reef Monitoring
Network at regional, national, and local levels.
Sec. 6. This order does not create any right or benefit,
substantive or procedural, enforceable in law or equity by a
party against the United States, its agencies, its officers, or
any person.
3. Tuna Conventions
a. Tuna Conventions Act of 1950, as amended
Public Law 81-764 [S. 2633], 64 Stat. 777, approved September 7, 1950;
as amended by Public Law 87-814 [S. 2568], 76 Stat. 923, approved
October 15, 1962; Public Law 92-471 [H.R. 9501], 86 Stat. 784, approved
October 9, 1972; Public Law 102-523 [International Dolphin Conservation
Act of 1992; H.R. 5419], 106 Stat. 3425, approved October 26, 1992;
Public Law 105-42 [International Dolphin Conservation Program Act; H.R.
408], 111 Stat. 1122, approved August 15, 1997; and Public Law 106-562
[H.R. 1653], 114 Stat. 2794, approved December 23, 2000
AN ACT To give effect to the Convention for the Establishment of an
International Commission for the Scientific Investigation of Tuna,
signed at Mexico City, January 25, 1949,\1\ by the United States of
America and the United Mexican States, and the Convention for the
Establishment of an Inter-American Tropical Tuna Commission, signed at
Washington, May 31, 1949,\2\ by the United States of America and the
Republic of Costa Rica, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Tuna Conventions Act of 1950''.
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\1\ Terminated February 5, 1965.
\2\ 1 UST 230; TIAS 2040; 80 UNTS 3.
---------------------------------------------------------------------------
Sec. 2.\3\ As used in this chapter, the term--
---------------------------------------------------------------------------
\3\ 16 U.S.C. 951.
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(a) ``convention'' includes (1) the Convention for
the Establishment of an International Commission for
the Scientific Investigation of Tuna, signed at Mexico
City, January 25, 1949, by the United States of America
and the United Mexican States, (2) the Convention for
the Establishment of an Inter-American Tropical Tuna
Commission, signed at Washington, May 31, 1949, by the
United States of America and the Republic of Costa
Rica, or both such conventions, as the context
requires;
(b) ``commission'' includes (1) the International
Commission for the Scientific Investigation of Tuna,
(2) the Inter-American Tropical Tuna Commission
provided for by the conventions referred to in
subsection (a) of this section, or both such
commissions, as the context requires;
(c) ``United States Commissioners'' means the members
of the commissions referred to in subsection (b) of
this section representing the United States of America
and appointed pursuant to the terms of the pertinent
convention and section 3 of this Act;
(d) ``person'' means every individual, partnership,
corporation, and association subject to the
jurisdiction of the United States and
(e) \4\ ``United States'' shall include all areas
under the sovereignty of the United States, the Trust
Territory of the Pacific Islands, and the Canal Zone.
---------------------------------------------------------------------------
\4\ Public Law 87-814 struck out a definition of ``enforcement
agency'' and inserted in lieu thereof a definition of ``United
States''.
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Sec. 3.\5\ The United States shall be represented on the
two commissions by a total of not more than four United States
Commissioners, who shall be appointed by the President, serve
as such during his pleasure, and receive no compensation for
their services as such Commissioners. Individuals serving as
such Commissioners shall not be considered to be Federal
employees while performing such service, except for purposes of
injury compensation or tort claims liability as provided in
chapter 81 of title 5, United States Code, and chapter 171 of
title 28, United States Code.\6\ Of such Commissioners--
---------------------------------------------------------------------------
\5\ 16 U.S.C. 952.
\6\ Sec. 302 of Public Law 106-562 (114 Stat. 2806) added this
sentence.
---------------------------------------------------------------------------
(a) not more than one shall be a person residing
elsewhere than in a State whose vessels maintain a
substantial fishery in the areas of the conventions;
(b) at least one of the Commissioners who are such
legal residents shall be a person chosen from the
public at large, and who is not a salaried employee of
a State or of the Federal Government; \7\
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\7\ Sec. 3(a)(1) of the International Dolphin Conservation Act of
1992 (Public Law 102-523; 106 Stat. 3433), struck out ``and'' at the
end of subsec. (b); struck out a period at the end of subsec. (c), and
inserted in lieu thereof ``; and''; and added subsec. (d).
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(c) \8\ at least one shall be either the
Administrator, or an appropriate officer, of the
National Marine Fisheries Service; and \7\
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\8\ Sec. 7(a) of Public Law 105-42 (111 Stat. 1137) amended and
restated subsec. (c). It previously read as follows:
``(c) at least one shall be an officer of the United States Fish
and Wildlife Service; and''.
In a transfer of functions pursuant to Reorganization Plan No. 4 of
1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970,
``Department of Commerce'' has been substituted in lieu of ``United
States Fish and Wildlife Service'' in the United States Code.
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(d) \7\ at least one shall be chosen from a
nongovernmental conservation organization.
SEC. 4.\9\ GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY
SUBCOMMITTEE.
(a) Appointments; Public Participation; Compensation.--The
Secretary, in consultation with the United States
Commissioners, shall--
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\9\ 16 U.S.C. 953. Sec. 7(b) of Public Law 105-42 (111 Stat. 1137)
amended and restated sec. 4. It previously read as follows:
``Sec. 4. The United States Commissioners shall (a) appoint an
advisory committee which shall be composed of not less than five nor
more than fifteen persons who shall be selected from the various groups
participating in the fisheries included under the conventions, and from
nongovernmental conservation organizations, and (b) shall fix the terms
of office of the members of such committee, who shall receive no
compensation for their services as such members. The advisory committee
shall be invited to attend all nonexecutive meetings of the United
States sections and shall be given full opportunity to examine and to
be heard on all proposed programs of investigation, reports,
recommendations, and regulations of the commissions. The advisory
committee may attend all meetings of the international commissions to
which they are invited by such commissions.''.
Previously, Sec. 3(a)(2) of the International Dolphin Conservation
Act of 1992 (Public Law 102-523; 106 Stat. 3433) had amended sec. 4.
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(1) appoint a General Advisory Committee which shall
be composed of not less than 5 nor more than 15 persons
with balanced representation from the various groups
participating in the fisheries included under the
conventions, and from nongovernmental conservation
organizations;
(2) appoint a Scientific Advisory Subcommittee which
shall be composed of not less than 5 nor more than 15
qualified scientists with balanced representation from
the public and private sectors, including
nongovernmental conservation organizations;
(3) establish procedures to provide for appropriate
public participation and public meetings and to provide
for the confidentiality of confidential business data;
and
(4) fix the terms of office of the members of the
General Advisory Committee and Scientific Advisory
Subcommittee, who shall receive no compensation for
their services as such members.
(b) Functions.--
(1) General advisory committee.--The General Advisory
Committee shall be invited to have representatives
attend all nonexecutive meetings of the United States
sections and shall be given full opportunity to examine
and to be heard on all proposed programs of
investigations, reports, recommendations, and
regulations of the Commission. The General Advisory
Committee may attend all meetings of the international
commissions to which they are invited by such
commissions.
(2) Scientific advisory subcommittee.--
(A) Advice.--The Scientific Advisory
Subcommittee shall advise the General Advisory
Committee and the Commissioners on matters
including--
(i) the conservation of ecosystems;
(ii) the sustainable uses of living
marine resources related to the tuna
fishery in the eastern Pacific Ocean;
and
(iii) the long-term conservation and
management of stocks of living marine
resources in the eastern tropical
Pacific Ocean.
(B) Other functions and assistance.--The
Scientific Advisory Subcommittee shall, as
requested by the General Advisory Committee,
the United States Commissioners, or the
Secretary, perform functions and provide
assistance required by formal agreements
entered into by the United States for this
fishery, including the International Dolphin
Conservation Program. These functions may
include--
(i) the review of data from the
Program, including data received from
the Inter-American Tropical Tuna
Commission;
(ii) recommendations on research
needs, including ecosystems, fishing
practices, and gear technology
research, including the development and
use of selective, environmentally safe
and cost-effective fishing gear, and on
the coordination and facilitation of
such research;
(iii) recommendations concerning
scientific reviews and assessments
required under the Program and
engaging, as appropriate, in such
reviews and assessments;
(iv) consulting with other experts as
needed; and
(v) recommending measures to assure
the regular and timely full exchange of
data among the parties to the Program
and each nation's National Scientific
Advisory Committee (or its equivalent).
(3) Attendance at meetings.--The Scientific Advisory
Subcommittee shall be invited to have representatives
attend all nonexecutive meetings of the United States
sections and the General Advisory Subcommittee and
shall be given full opportunity to examine and to be
heard on all proposed programs of scientific
investigation, scientific reports, and scientific
recommendations of the commission. Representatives of
the Scientific Advisory Subcommittee may attend
meetings of the Inter-American Tropical Tuna Commission
in accordance with the rules of such Commission.
Sec. 5.\10\ * * * [Repealed--1972]
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\10\ Formerly at 16 U.S.C. 954. Repealed by Public Law 92-471 (86
Stat. 784).
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Sec. 6.\11\ (a) The Secretary of State is authorized to
approve or disapprove, on behalf of the United States
Government, bylaws, and rules, or amendments thereof, adopted
by each commission and submitted for approval of the United
States Government in accordance with the provisions of the
conventions, and, with the concurrence of the Secretary of the
Interior,\12\ to approve or disapprove the general annual
programs of the commissions. The Secretary of State is further
authorized to receive, on behalf of the United States
Government, reports, requests, recommendations, and other
communications of the commissions, and to take appropriate
action thereon either directly or by reference to the
appropriate authority.
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\11\ 16 U.S.C. 955.
\12\ In a transfer of functions pursuant to Reorganization Plan No.
4 of 1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970,
``Secretary of Commerce'' was substituted in lieu of ``Secretary of the
Interior'' in the U.S. Code. In this Act, Public Law 87-814 (76 Stat.
923) struck out ``head of the enforcement agency'' and inserted in lieu
thereof ``Secretary of the Interior''.
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(b) Regulations recommended by each commission pursuant to
the convention requiring the submission to the commission of
records of operations by boat captains or other persons who
participate in the fisheries covered by the convention, upon
the concurrent approval of the Secretary of State and the
Secretary of the Interior,\12\ shall be promulgated by the
latter and upon publication in the Federal Register, shall be
applicable to all vessels and persons subject to the
jurisdiction of the United States.
(c) \13\ Regulations required to carry out recommendations
of the commission made pursuant to paragraph 5 of article II of
the Convention for the Establishment of an Inter-American
Tropical Tuna Commission shall be promulgated as hereinafter
provided by the Secretary of the Interior \14\ upon approval of
such recommendations by the Secretary of State and the
Secretary of the Interior.\14\ The Secretary of the Interior
\14\ shall cause to be published in the Federal Register a
general notice of proposed rulemaking and shall afford
interested persons an opportunity to participate in the
rulemaking through (1) submission of written data, views, or
arguments, and (2) oral presentation at a public hearing. Such
regulations shall be published in the Federal Register and
shall be accompanied by a statement of the considerations
involved in the issuance of the regulations. After publication
in the Federal Register such regulations shall be applicable to
all vessels and persons subject to the jurisdiction of the
United States on such date as the Secretary of the Interior
\14\ shall prescribe, but in no event prior to an agreed date
for the application by all countries whose vessels engage in
fishing for species covered by the convention in the regulatory
area on a meaningful scale, in terms of effect upon the success
of the conservation program, of effective measures for the
implementation of the commission's recommendations applicable
to all vessels and persons subject to their respective
jurisdictions. The Secretary of the Interior \14\ shall suspend
at any time the application of any such regulations when, after
consultation with the Secretary of State and the United States
Commissioners, he determines that foreign fishing operations in
the regulatory area are such as to constitute a serious threat
to the achievement of the objectives of the commission's
recommendations. The regulations thus promulgated may include
the selection for regulation of one or more of the species
covered by the convention; the division of the convention
waters into areas; the establishment of one or more open or
closed seasons as to each area; the limitation of the size of
the fish and quantity of the catch which may be taken from each
area within any season during which fishing is allowed; the
limitation or prohibition of the incidental catch of a
regulated species which may be retained, taken, possessed, or
landed by vessels or persons fishing for other species of fish;
the requiring of such clearance certificates for vessels as may
be necessary to carry out the purposes of the convention and
this Act; and such other measures incidental thereto as the
Secretary of the Interior \14\ may deem necessary to implement
the recommendations of the commission: Provided, That upon the
promulgation of any such regulations the Secretary of the
Interior \14\ shall promulgate additional regulations, with the
concurrence of the Secretary of State, which shall become
effective simultaneously with the application of the
regulations hereinbefore referred to (1) to prohibit the entry
into the United States from any country when the vessels of
such country are being used in the conduct of fishing
operations in the regulatory area in such manner or in such
circumstances as would tend to diminish the effectiveness of
the conversation recommendations of the commission, of fish in
any form of those species which are subject to regulation
pursuant to a recommendation of the commission and which were
taken from the regulatory area; and (2) to prohibit entry into
the United States, from any country, of fish in any form of
those species which are subject to regulation pursuant to a
recommendation of the commission and which were taken from the
regulatory area by vessels other than those of such country in
such manner or in such circumstances as would tend to diminish
the effectiveness of the conservation recommendations of the
commission. In the case of repeated and flagrant fishing
operations in the regulatory area by the vessels of any country
which seriously threaten the achievement of the objectives of
the commission's recommendations, the Secretary of the
Interior,\14\ with the concurrence of the Secretary of State,
may, in his discretion, also prohibit the entry from such
country of such other species of tuna, in any form, as may be
under investigation by the commission and which were taken in
the regulatory area. The aforesaid prohibitions shall continue
until the Secretary of the Interior \14\ is satisfied that the
condition warranting the prohibition no longer exists, except
that all fish in any form of the species under regulation which
were previously prohibited from entry shall continue to be
prohibited from entry.
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\13\ Public Law 87-814 (76 Stat. 923) added subsec. (c).
\14\ In a transfer of functions pursuant to Reorganization Plan No.
4 of 1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970,
``Secretary of Commerce'' was substituted in lieu of ``Secretary of the
Interior'' in the U.S. Code.
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Sec. 7.\15\ Any person authorized to carry out enforcement
activities under this Act and any person authorized by the
commission shall have power without warrant or other process,
to inspect, at any reasonable time, catch returns, statistical
records, or other reports as are required by regulations
adopted pursuant to this Act to be made, kept, or furnished.
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\15\ 16 U.S.C. 956. Public Law 87-814 (76 Stat. 923) substituted
provisions respecting inspection of returns, records, or other reports
for provisions authorizing a fine not exceeding $1,000 and proceeds for
injunction against fishing for or possession of the kind of fish
covered by the convention for failure to make, keep, furnish, or
refusal to permit inspection of returns, records, or reports or for
furnishing a false return, record, or report.
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Sec. 8.\16\ (a) It shall be unlawful for any master or
other person in charge of a fishing vessel of the United States
to engage in fishing in violation of any regulation adopted
pursuant to section 6 of this Act or for any person knowingly
to ship, transport, purchase, sell, offer for sale, import,
export, or have in custody, possession, or control any fish
taken or retained in violation of such regulations.
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\16\ 16 U.S.C. 957. Public Law 87-814 (76 Stat. 923) substituted
provisions respecting violations, fines, and forfeitures and
applications of related laws for respecting enforcement of the Act.
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(b) It shall be unlawful for the master or any person in
charge of any fishing vessel of the United States or any person
on board such vessel to fail to make, keep, or furnish any
catch returns, statistical records, or other reports as are
required by regulations adopted pursuant to this Act to be
made, kept, or furnished; or to fail to stop upon being hailed
by a duly authorized official of the United States; or to
refuse to permit the duly authorized officials of the United
States or authorized officials of the commissions to board such
vessels or inspect its catch, equipment, books, documents,
records, or other articles or question the persons on board in
accordance with the provisions of this Act, or the convention,
as the case may be.
(c) It shall be unlawful for any person to import, in
violation of any regulation adopted pursuant to section 4 of
this Act, from any country, any fish in any form of those
species subject to regulation pursuant to a recommendation of
the commission, or any tuna in any form not under regulation
but under investigation by the commission, during the period
such fish have been denied entry in accordance with the
provisions of section 4 of this Act. In the case of any fish as
described in this subsection offered for entry in the United
States, the Secretary of the Interior \14\ shall require proof
satisfactory to him that such fish is not ineligible for such
entry under the terms of section 6 of this Act.
(d) Any person violating any provisions of subsection (a)
of this section shall be fined not more than $25,000, and for a
subsequent violation of any provisions of said subsection (a)
shall be fined not more than $50,000.
(e) Any person violating any provision of subsection (b) of
this section shall be fined not more than $1,000, and for a
subsequent violation of any provision of subsection (b) shall
be fined not more than $5,000.
(f) Any person violating any provision of subsection (c) of
this section shall be fined not more than $100,000.
(g) All fish taken or retained in violation of subsection
(a) of this section, or the monetary value thereof, may be
forfeited.
(h) All provisions of law relating to the seizure, judicial
forfeiture, and condemnation of a cargo for violation of the
customs laws, the disposition of such cargo or the proceeds
from the sale thereof, and the remission or mitigation of such
forfeitures shall apply to seizures and forfeitures incurred,
or alleged to have been incurred, under the provisions of this
Act, insofar as such provisions of law are applicable and not
inconsistent with the provisions of this Act.
Sec. 9.\17\ (a) In order to provide coordination between
the general annual programs of the commissions and programs of
other agencies, relating to the exploration, development, and
conservation of fishery resources, the Secretary of State may
recommend to the United States Commissioners that they consider
the relationship of the commissions' programs to those of such
agencies and when necessary arrange, with the concurrence of
such agencies for mutual cooperation between the commissions
and such agencies for carrying out their respective programs.
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\17\ 16 U.S.C. 958.
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(b) All agencies of the Federal Government are authorized
on request of the commissions to cooperate in the conduct of
scientific and other programs, or to furnish facilities and
personnel for the purpose of assisting the commissions in the
performance of their duties.
(c) The commissions are authorized and empowered to supply
facilities and personnel to existing non-Federal agencies to
expedite research work which in the judgment of the commissions
is contributing or will contribute directly to the purposes of
the conventions.
Sec. 10.\18\ (a) The judges of the United States district
courts and United States Commissioners \19\ may, within their
respective jurisdictions, upon proper oath or affirmation
showing probable cause, issue such warrants or other process as
may be required for enforcement of this Act and the regulations
issued pursuant thereto.
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\18\ 16 U.S.C. 959. Sec. 5 of Public Law 87-814 (76 Stat. 925)
amended and restated sec. 10.
\19\ Now referred to as ``magistrates'' per the Federal Magistrates
Act (Public Law 90-578; 82 Stat. 1107).
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(b) Enforcement of the provisions of this Act and the
regulations issued pursuant thereto shall be the joint
responsibility of the United States Coast Guard, the United
States Department of the Interior,\20\ and the United States
Bureau of Customs. In addition, the Secretary of the Interior
\14\ may designate officers and employees of the States of the
United States, of the Commonwealth of Puerto Rico, and of
American Samoa to carry out enforcement activities hereunder.
When so designated, such officers and employees are authorized
to function as Federal law enforcement agents for those
purposes.
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\20\ In a transfer of functions pursuant to Reorganization Plan No.
4 of 1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970,
``Department of Commerce'' was substituted in lieu of ``Department of
the Interior'' in the U.S. Code.
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(c) Any person authorized to carry out enforcement
activities hereunder shall have the power to execute any
warrant or process issued by any officer or court of competent
jurisdiction for the enforcement of this Act.
(d) Such person so authorized shall have the power--
(1) with or without a warrant or other process, to
arrest any persons subject to the jurisdiction of the
United States at any place within the jurisdiction of
the United States committing in his presence or view a
violation of this Act or the regulations issued
thereunder;
(2) with or without a warrant or other process, to
search any vessel subject to the jurisdiction of the
United States, and, if as a result of such search he
has reasonable cause to believe that such vessel or any
person on board is engaging in operations in violation
of the provisions of this Act or the regulations issued
thereunder, then to arrest such person.
(e) Such person so authorized may seize, whenever and
wherever lawfully found, all fish taken or retained in
violation of the provisions of this Act or the regulations
issued pursuant thereto. Any fish so seized may be disposed of
pursuant to the order of a court of competent jurisdiction,
pursuant to the provisions of subsection (f) of this section
or, if perishable, in a manner prescribed by regulations of the
Secretary of the Interior.\14\
(f) Notwithstanding the provisions of section 2464 of title
28 of the United States Code, when a warrant of arrest or other
process in rem is issued in any cause under this section, the
marshal or other officer shall stay the execution of such
process, or discharge any fish seized if the process has been
levied, on receiving from the claimant of the fish a bond or
stipulation for the value of the property with sufficient
surety to be approved by a judge of the district court having
jurisdiction of the offense, conditioned to deliver the fish
seized, if condemned, without impairment in value or, in the
discretion of the court, to pay its equivalent value in money
or otherwise to answer the decree of the court in such cause.
Such bond or stipulation shall be returned to the court and
judgment thereon against both the principal and sureties may be
recovered in event of any breach of the conditions thereof as
determined by the court. In the discretion of the accused, and
subject to the direction of the court, the fish may be sold for
not less than its reasonable market value and the proceeds of
such sale placed in the registry of the court pending judgment
in the case.
Sec. 11.\21\ None of the prohibitions contained in this Act
or in the laws and regulations of the States shall prevent the
commissions from conducting or authorizing the conduct of
fishing operations and biological experiments at any time for
the purpose of scientific investigations as authorized by the
conventions, or shall prevent the commissions from discharging
any of its or their functions or duties prescribed by the
conventions.
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\21\ 16 U.S.C. 960.
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Sec. 12.\22\ There is hereby authorized to be appropriated
from time to time, out of any moneys in the Treasury not
otherwise appropriated, such sums as may be necessary to carry
out the provisions of each convention and of this Act,
including--
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\22\ 16 U.S.C. 961.
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(a) contributions to each commission for the United States
share of any joint expenses of the commission and the expenses
of the United States Commissioners and their staff, including
personal services in the District of Columbia and elsewhere;
(b) travel expenses without regard to the Standardized
Government Travel Regulations, as amended, the Travel Expense
Act of 1949, or section 10 of the Act of March 3, 1933 (U.S.C.,
title 5, sec. 73b);
(c) printing and binding without regard to section 11 of
the Act of March 1, 1919 (U.S.C., title 44, sec. 111), or
section 3709 of the Revised Statutes (U.S.C., title 41, sec.
5);
(d) stenographic and other services by contract, if deemed
necessary, without regard to section 3709 of the Revised
Statutes (U.S.C., title 41, sec. 5); and
(e) purchase, hire, operation, maintenance, and repair of
aircraft, motor vehicles (including passenger-carrying
vehicles), boats and research vessels.
Sec. 13. If any provision of this Act or the application of
such provision to any circumstances or persons shall be held
invalid, the validity of the remainder of the Act and the
applicability of such provision to other circumstances or
persons shall not be affected thereby.
Sec. 14. This Act shall take effect with respect to each of
the conventions upon the entry into force of that convention
unless such entry into force shall be prior to the date of
approval of this Act in which case this Act shall take effect
immediately.
SEC. 15.\23\ REDUCTION OF BYCATCH IN THE EASTERN TROPICAL PACIFIC
OCEAN.
The Secretary of State, in consultation with the Secretary
of Commerce and acting through the United States Commissioners,
shall seek, in cooperation with other nations whose vessel fish
for tuna in the eastern tropical Pacific Ocean, to establish
standards and measures for a bycatch reduction program for
vessels fishing for yellowfin tuna in the eastern tropical
Pacific Ocean. The bycatch reduction program shall include
measures--
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\23\ 16 U.S.C. 962. Sec. 7(c) of Public Law 105-42 (111 Stat. 1138)
added sec. 15.
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(1) to require, to the maximum extent practicable,
that sea turtles and other threatened species and
endangered species are released alive;
(2) to reduce, to the maximum extent practicable, the
harvest of nontarget species;
(3) to reduce, to the maximum extent practicable, the
mortality of nontarget species; and
(4) to reduce, to the maximum extent practicable, the
mortality of juveniles of the target species.
b. Pacific Albacore Tuna Treaty
Partial text of Public Law 108-219 [H.R. 2584], 118 Stat. 615, approved
April 13, 2004
AN ACT To provide for the conveyance to the Utrok Atoll local
government of a decommissioned National Oceanic and Atmospheric
Administration ship, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE IV--PACIFIC ALBACORE TUNA TREATY
SEC. 401.\1\ IMPLEMENTATION.
(a) In General.--Notwithstanding anything to the contrary
in section 201, 204, or 307(2) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1821, 1824, and
1857(2)), foreign fishing may be conducted pursuant to the
Treaty between the Government of the United States of America
and the Government of Canada on Pacific Coast Albacore Tuna
Vessels and Port Privileges, signed at Washington May 26, 1981,
including its Annexes and any amendments thereto.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1821 note.
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(b) Regulations.--The Secretary of Commerce, with the
concurrence of the Secretary of State, may
(1) promulgate regulations necessary to discharge the
obligations of the United States under the Treaty and
itsAnnexes; and
(2) provide for the application of any such
regulation to any person or vessel subject to the
jurisdiction of the United States, wherever that person
or vessel may be located.
(c) Enforcement.--
(1) In general.--The Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.) shall be enforced as if subsection (a) were a
provision of that Act. Any reference in the Magnuson-
Stevens Fishery Conservationand Management Act (16
U.S.C. 1801 et seq.) to ``this Act'' or to any
provision of that Act, shall be considered to be a
reference to that Act as it would be in effect if
subsection (a) were a provision of that Act.
(2) Regulations.--The regulations promulgated under
subsection (b), shall be enforced as if--
(A) subsection (a) were a provision of the
Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.); and
(B) the regulations were promulgated under
that Act.
* * * * * * *
c. South Pacific Tuna Act of 1988
Public Law 100-330 [S. 1989], 102 Stat. 591, approved June 7, 1988; as
amended by Public Law 100-350 [H.R. 4621], 102 Stat. 660, approved June
27, 1988; Public Law 102-523 [International Dolphin Conservation Act of
1992; H.R. 5419], 106 Stat. 3425, approved October 26, 1992; Public Law
104-43 [Fisheries Act of 1995; H.R. 716], 109 Stat. 366, approved
November 3, 1995; Public Law 104-208 [Department of Commerce and
Related Agencies Appropriations Act; title II of sec. 101(a) of title I
of Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September
30, 1996; and Public Law 108-219 [H.R. 2584], 118 Stat. 615, approved
April 13, 2004
AN ACT To implement the Treaty on Fisheries Between the Governments of
Certain Pacific Island States and the Government of the United States
of America.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``South Pacific Tuna Act of 1988''.
SEC. 2.\1\ DEFINITIONS.
As used in this Act--
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\1\ 16 U.S.C. 973.
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(1) The term ``Administrator'' means the individual
or organization designated by the Pacific Island
Parties to act on their behalf under the Treaty and
notified to the United States Government.
(2) The term ``Authorized Officer'' means any officer
who is authorized by the Secretary, or the Secretary of
the department in which the Coast Guard is operating,
or the head of any Federal or State agency which has
entered into an enforcement agreement with the
Secretary under section 10(a) of this Act.
(3) The term ``Authorized Party Officer'' means any
officer authorized by a Pacific Island Party to enforce
the provisions of the Treaty.
(4) The term ``applicable national law'' means any
provision of law of a Pacific Island Party which is
described in paragraph 1(a) of Annex I of the Treaty.
(5) The term ``Closed Area'' means any of the closed
areas identified in Schedule 2 of Annex I of the
Treaty.
(6) The term ``fishing'' means--
(A) searching for, catching, taking, or
harvesting fish;
(B) attempting to search for, catch, take, or
harvest fish;
(C) engaging in any other activity which can
reasonably be expected to result in the
locating, catching, taking, or harvesting of
fish;
(D) placing, searching for, or recovering
fish aggregating devices or associated
electronic equipment such as radio beacons;
(E) any operations at sea directly in support
of, or in preparation for, any activity
described in this paragraph; or
(F) aircraft use, relating to the activities
described in this paragraph except for flights
in emergencies involving the health or safety
of crew members or the safety of a vessel.
(7) The term ``fishing vessel'' or ``vessel'' means
any boat, ship, or other craft which is used for,
equipped to be used for, or of a type normally used for
commercial fishing, and which is documented under the
laws of the United States.
(8) The term ``Licensing Area'' means all waters in
the Treaty Area except for--
(A) those waters subject to the jurisdiction
of the United States in accordance with
international law;
(B) those waters within Closed Areas; and
(C) those waters within Limited Areas closed
to fishing.
(9) The term ``licensing period'' means the period of
validity of licenses issued in accordance with the
Treaty.
(10) The term ``Limited Area'' means any area so
identified in Schedule 3 of Annex I of the Treaty.
(11) The term ``operator'' means any person who is in
charge of, directs or controls a vessel, including the
owner, charterer, and master.
(12) The term ``Pacific Island Party'' means a
Pacific Island nation which is a party to the Treaty.
(13) The term ``Party'' means a nation which is a
party to the Treaty.
(14) The term ``person'' means any individual
(whether or not a citizen or national of the United
States), any corporation, partnership, association, or
other entity (whether or not organized or existing
under the laws of any State), and any Federal, State,
local, or foreign government or any entity of any such
government.
(15) The term ``Secretary'' means the Secretary of
Commerce, or the designee of the Secretary of Commerce.
(16) The term ``State'' means each of the several
States, the District of Columbia, the Commonwealths of
Puerto Rico and the Northern Mariana Islands, American
Samoa, the Virgin Islands, Guam, and any other
Commonwealth, territory, or possession of the United
States.
(17) The term ``Treaty'' means the Treaty on
Fisheries Between the Governments of Certain Pacific
Island States and the Government of the United States
of America, signed in Port Moresby, Papua New Guinea,
April 2, 1987, and its Annexes, Schedules, and
implementing agreements.
(18) The term ``Treaty Area'' means the area so
described in paragraph 1(k) of Article 1 of the Treaty.
SEC. 3.\2\ APPLICATION TO OTHER LAWS.
The seizure by a Pacific Island Party of a vessel of the
United States shall not be determined to be a seizure described
in section 205(a)(4)(C) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1825(a)(4)(C)) \3\
or section 2 of the Fishermen's Protective Act of 1967 (22
U.S.C. 1972) if the seizure is found by the Secretary of State
to be in accordance with the provisions of the Treaty.
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\2\ 16 U.S.C. 973a.
\3\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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SEC. 4.\4\ REGULATIONS.
The Secretary of Commerce, with the concurrence of the
Secretary of State and after consultation with the Secretary of
the department in which the Coast Guard is operating, shall
issue regulations as may be necessary to carry out the purposes
and objectives of the Treaty and this Act. These regulations
shall be made applicable as necessary to all persons and
vessels subject to the jurisdiction of the United States,
wherever located.
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\4\ 16 U.S.C. 973b.
---------------------------------------------------------------------------
SEC. 5.\5\ PROHIBITED ACTS.
(a) Except as provided in section 6 of this Act, it is
unlawful for any person subject to the jurisdiction of the
United States--
---------------------------------------------------------------------------
\5\ 16 U.S.C. 973c.
---------------------------------------------------------------------------
(1) to violate any provision of this Act or any
regulation or order issued pursuant to this Act;
(2) to use a vessel for fishing in violation of an
applicable national law;
(3) who has entered into a fishing arrangement under
paragraph 3 of Article 3 of the Treaty, to violate the
terms and conditions of such fishing arrangement if the
Secretary of State has decided under section 18 of this
Act that Article 4 and paragraph 6 of Article 5 of the
Treaty shall apply to the arrangement;
(4) to use a vessel for fishing in any Limited Area
in violation of any requirement in Schedule 3 of Annex
I of the Treaty;
(5) to use a vessel for fishing in any Closed Area;
(6) to falsify any information required to be
reported, notified, communicated, or recorded pursuant
to a requirement of this Act, or to fail to submit any
required information, or to fail to report to the
Secretary immediately any change in circumstances which
has the effect of rendering any such information false,
incomplete, or misleading;
(7) to intentionally destroy evidence which could be
used to determine if a violation of this Act or the
Treaty has occurred;
(8) to refuse to permit any Authorized Officer or
Authorized Party Officer to board a fishing vessel for
purposes of conducting a search or inspection in
connection with the enforcement of this Act or the
Treaty;
(9) to refuse to comply with the instructions of an
Authorized Officer or Authorized Party Officer relating
to fishing activities under the Treaty;
(10) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with--
(A) any Authorized Officer or Authorized
Party Officer in the conduct of a search or
inspection in connection with the enforcement
of this Act or the Treaty; or
(B) an observer in the conduct of observer
duties under the Treaty;
(11) to resist a lawful arrest for any act prohibited
by this section;
(12) to interfere with, delay, or prevent, by any
means, the apprehension or arrest of another person,
knowing that such other person has committed any act
prohibited by this section; or
(13) to ship, transport, offer for sale, sell,
purchase, import, export, or have custody, control, or
possession of, any fish taken or retained in violation
of this Act or any regulation, permit, or the Treaty,
with the knowledge that the fish were so taken or
retained.
(b) Except as provided in section 6 of this Act, it is
unlawful for any person subject to the jurisdiction of the
United States when in the Licensing Area--
(1) to use a vessel to fish unless validly licensed
as required by the Administrator;
(2) to use a vessel for directed fishing for southern
bluefin tuna or for fishing for any kinds of fish other
than tunas, except that fish may be caught as an
incidental by-catch;
(3) to use a vessel for fishing by any method other
than the purse-seine method;
(4) to use any vessel to engage in fishing after the
revocation of its license, or during the period of
suspension of an applicable license;
(5) to operate a vessel in such a way as to disrupt
or in any other way adversely affect the activities of
traditional and locally based fishermen and fishing
vessels;
(6) to use a vessel to fish in a manner inconsistent
with an order issued by the Secretary under section 11
of this Act; or
(7) except for circumstances involving force majeure
and other emergencies involving the health or safety of
crew members or the safety of the vessel, to use an
aircraft in association with the fishing activities of
a vessel unless it is identified in the license
application for the vessel, or any amendment thereto.
SEC. 6.\6\ EXCEPTIONS.
(a) The prohibitions of section 5 of this Act and the
licensing requirements of section 9 of this Act shall not apply
to fishing for albacore tuna by vessels using the trolling
method or to fishing by vessels using the longline method in
the high seas areas of the Treaty area.\7\
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\6\ 16 U.S.C. 973d.
\7\ Sec. 402 of Public Law 108-219 (118 Stat. 617) struck out
``outside of the 200 nautical mile fisheries zones of the Pacific
Island Parties.'' and inserted in lieu thereof ``or to fishing by
vessels using the longline method in the high seas areas of the Treaty
area.''
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(b) The prohibitions of section 5 (a)(4), (a)(5), and
(b)(3) of this Act shall not apply to fishing under the terms
and conditions of an arrangement which has been reached under
paragraph 3 of Article 3 of the Treaty and which, pursuant to a
decision by the Secretary of State under section 18 of this
Act, is covered by Article 4 and paragraph 6 of Article 5 of
the Treaty.
SEC. 7.\8\ CRIMINAL OFFENSES.
(a) A person is guilty of a criminal offense if he or she
commits any act prohibited by section 5(a) (8), (10), (11), or
(12) of this Act.
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\8\ 16 U.S.C. 973e.
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(b) Any offense described in subsection (a) of this section
is punishable by a fine of not more than $50,000, or
imprisonment for not more than 6 months, or both; except that
if in the commission of any such offense the person uses a
dangerous weapon, engages in conduct that causes bodily injury
to any Authorized Officer, Authorized Party Officer, or
observer under the Treaty in the conduct of their duties, or
places any such Authorized Officer, Authorized Party Officer,
or observer in fear of imminent bodily injury, the offense is
punishable by a fine of not more than $100,000 or imprisonment
for not more than 10 years, or both.
(c) The district courts of the United States shall have
jurisdiction over any offense described in this section.
SEC. 8.\9\ CIVIL PENALTIES.
(a) Any person who is found by the Secretary, after notice
and an opportunity for a hearing in accordance with section 554
of title 5, United States Code, to have committed an act
prohibited by section 5 of this Act, shall be liable to the
United States Code for a civil penalty. Before issuing a notice
of violation, the Secretary shall consult with the Secretary of
State. The amount of the civil penalty shall be determined in
accordance with considerations set forth in the Treaty and
shall take into account the nature, circumstances, extent, and
gravity of the prohibited acts committed, and with respect to
the violator, the degree of culpability, any history of prior
offenses, ability to pay, and such other matters as justice may
require. Except for those acts prohibited by section 5(a) (4),
(5), (7), (8), (10), (11), and (12), and section 5(b) (1), (2),
(3), and (7) of this Act, the amount of the civil penalty shall
not exceed $250,000 for each violation. Upon written notice,
the Secretary of State shall have the right to participate in
any proceeding initiated to assess a civil penalty for
violation of this Act.
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\9\ 16 U.S.C. 973f.
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(b) Any person against whom a civil penalty is assessed
under subsection (a) of this section may obtain review thereof
in the United States district court for the appropriate
district by filing a complaint in such court within 30 days
from the date of the order and by simultaneously serving a copy
of the complaint by certified mail on the Secretary, the
Attorney General of the United States, and the appropriate
United States Attorney. The Secretary shall promptly file in
the court a certified copy of the record upon which the
violation was found or the penalty imposed. The findings and
order of the Secretary shall be set aside or modified by the
court if they are not found to be supported by substantial
evidence, as provided in section 706(2) of title 5, United
States Code.
(c) Except as provided in subsection (g) of this section,
if any person fails to pay an assessment of a civil penalty
after it has become a final and unappealable order, or after
the appropriate court has entered final judgment in favor of
the Secretary, the Secretary shall refer the matter to the
Attorney General of the United States, who shall recover the
amount assessed in any appropriate district court of the United
States.
(d) Except as provided in subsection (g) of this section, a
fishing vessel (including its fishing gear, furniture,
appurtenances, stores, and cargo) used in the commission of an
act prohibited by section 5 of this Act shall be liable in rem
for any civil penalty assessed for the violation under section
8 of this Act and may be proceeded against in any district
court of the United States having jurisdiction thereof. The
penalty shall constitute a maritime lien on the vessel which
may be recovered in an action in rem in the district court of
the United States having jurisdiction over the vessel.
(e) The Secretary, after consultation with the Secretary of
State, may compromise, modify, or remit, with or without
conditions, any civil penalty which is subject to imposition or
which has been imposed under this section.
(f) For the purposes of conducting any hearing under this
section, the Secretary may issue subpoenas for the attendance
and testimony of witnesses and the production of relevant
papers, books, and documents, and may administer oaths.
Witnesses summoned shall be paid the same fees and mileage that
are paid to witnesses in the courts of the United States. In
case of contempt or refusal to obey a subpoena served upon a
person pursuant to this subsection, the district court of the
United States for any district in which the person is found,
resides, or transacts business, upon application by the United
States and after notice to the person, shall have jurisdiction
to issue an order requiring the person to appear and give
testimony before the Secretary or to appear and produce
documents before the Secretary, or both, and any failure to
obey the order of the court may be punished by the court as a
contempt thereof.
(g) If a vessel used in a violation of section 5(a) (1),
(2), (3), (4), (5), (6), (7), (8), (9), or (13) or section 5(b)
of this Act for which a civil penalty has been assessed--
(1) had a valid license under the Treasury at the
time of the violation, and
(2) within 60 days after the penalty assessment has
become final, leaves and remains outside of the
Licensing Area, all Limited Areas closed to fishing,
and all Closed Areas until the final penalty has been
paid,
there shall be no referral to the Attorney General under
subsection (c) of this section or in rem action under
subsection (d) of this section in connection with such civil
penalty.
SEC. 9.\10\ LICENSES.
(a) Licenses to fish in the Licensing Area, to be issued by
the Administrator in accordance with the Treaty, may be
requested from the Secretary by operators of vessels, under
procedures established by the Secretary. The license
application shall designate an agent for the service of legal
process to be located in Port Moresby, Papua New Guinea. The
applicant shall ensure that the designated agent for service of
process, acting on behalf of the license holder, will receive
and respond to any legal process issued in accordance with the
Treaty and will, within 21 days after notification, travel if
necessary for this purpose to any Pacific Island Party at no
expense to that Party.
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\10\ 16 U.S.C. 973g.
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(b) Except as provided in subsections (e), (f), and (g) of
this section, the Secretary shall forward a vessel license
application to the Secretary of State for transmittal to the
Administrator whenever such application is in accordance with
application procedures established by the Secretary, includes a
complete application form as required by Annex II of the
Treaty, and is accompanied by the required license fee.
(c)(1) In the initial year of implementation, fees for the
first 40 vessel licenses shall be at least $50,000 each, for
any 10 vessel licenses in addition to the first 40 shall be
$60,000 each, and for vessel licenses in addition to the first
50 shall be in accordance with Annex II of the Treaty.
(2) After such initial year, fees for vessel licenses shall
be paid in accordance with fee schedules established under
Annex II of the Treaty and published by the Secretary.
(d) Licenses shall be valid for the licensing period
specified by the Administrator.
(e) The Secretary may establish a system of allocating
licenses in the event more applications are received than there
are licenses available.
(f) For the initial year of implementation, license fees
totaling at least $1,750,000 must be received by the Secretary
before any license applications will be forwarded to the
Secretary of State for transmittal to the Administrator.
(g) The Secretary, in consultation with the Secretary of
State, may determine that a license application should not be
forwarded to the Administrator for one of the following
reasons:
(1) where the application is not in accordance with
the Treaty or the procedures established by the
Secretary;
(2) where the owner or charterer is the subject of
proceedings under the bankruptcy laws of the United
States, unless reasonable financial assurances have
been provided to the Secretary;
(3) where the owner or charterer has not established
to the satisfaction of the Secretary that the fishing
vessel is fully insured against all risks and
liabilities normally provided in maritime liability
insurance;
(4) where the owner or charterer has not paid any
penalty which has become final, assessed by the
Secretary in accordance with this Act.
(h) \11\ Notwithstanding the requirements of--
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\11\ Sec. 801 of Public Law 104-43 (109 Stat. 395) added subsec.
(h).
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(1) section 1 of the Act of August 26, 1983 (97 Stat.
587; 46 U.S.C. 12108);
(2) the general permit issued on December 1, 1980, to
the American Tunaboat Association under section
104(h)(1) of the Marine Mammal Protection Act (16
U.S.C. 1374(h)(1)); and
(3) sections 104(h)(2) and 306(a) of the Marine
Mammal Protection Act (16 U.S.C. 1374(h)(2) and
1416(a))--
any vessel documented under the laws of the United States as of
the date of enactment of the Fisheries Act of 1995 for which a
license has been issued under subsection (a) may fish for tuna
in the Treaty Area, including those waters subject to the
jurisdiction of the United States in accordance with
international law, subject to the provisions of the treaty and
this Act, provided that no such vessel fishing in the Treaty
Area intentionally deploys a purse seine net to encircle any
dolphin or other marine mammal in the course of fishing under
the provisions of the Treaty or this Act.
SEC. 10.\12\ ENFORCEMENT.
(a) The provisions of this Act shall be enforced by the
Secretary in cooperation with the Secretary of State. The
Secretary, after consultation with the Secretary of State, may
by agreement, on a reimbursable basis or otherwise, utilize the
personnel, services, equipment (including aircraft and
vessels), and facilities of any other Federal agency and of any
State agency in the performance of these duties.
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\12\ 16 U.S.C. 973h.
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(b)(1) The Secretary shall, at the request of a Pacific
Island Party made to the Secretary of State, fully investigate
any alleged infringement of the Treaty involving a vessel of
the United States, and report as soon as practicable, and in
any case within 2 months, to that Party through the Secretary
of State on any action taken or proposed by the Secretary in
regard to the alleged infringement.
(2) Upon commencement of an investigation under paragraph
(1) of this subsection, the Secretary shall notify the operator
of any vessel concerned regarding--
(A) the nature of the investigation;
(B) the right of the operator to submit comments,
information, or evidence bearing on the investigation
and to receive, upon the operator's timely written
request to the Secretary, an opportunity to present
such comments, information, or evidence orally to the
Secretary or the Secretary's representative within 30
days after receipt of such notification.
(c)(1) Prior to instituting any legal proceedings under
this Act for any action which involves an alleged infringement
of the Treaty in waters within the jurisdiction of a Pacific
Island Party, the Secretary, through the Secretary of State,
shall notify the Pacific Island Party in accordance with
paragraph 8 of Article 4 of the Treaty that the proceedings
will be instituted. Such notice shall include a statement of
the facts believed to show an infringement of the Treaty and
the nature of the proposed proceedings, including any proposed
charges and any proposed penalties. The Secretary shall not
institute such proceedings if the Pacific Island Party objects
within 30 days after the effective date of the notice under
Article 10 of the Treaty.
(2) The Pacific Island Party exercising jurisdiction over
the waters involved in such a legal proceeding shall be
promptly notified by the Secretary, through the Secretary of
State, concerning the outcome of the proceeding.
(d)(1) Any Authorized Officer may--
(A) with or without a warrant or other process--
(i) arrest any person, if he has reasonable
cause to believe that the person has committed
any act subject to prosecution under section 7
of this Act;
(ii) board, and search or inspect, any
fishing vessel which is subject to the
provisions of this Act; or
(iii) seize samples of fish or items for
evidence (other than the vessel or its fishing
gear or equipment) related to any violation of
any provision of this Act;
(iv) order a vessel into the most convenient
port of the United States for investigation
when an investigation has been requested by a
Pacific Island Party in accordance with the
Treaty and when such an order is necessary to
gather information for such an investigation;
(B) execute any warrant or other process issued by
any court of competent jurisdiction;
(C) exercise any other lawful authority; and
(D) investigate alleged violations of the Treaty to
the same extent authorized to investigate alleged
violations of this Act.
(2) To the extent possible, Authorized Officers shall
exercise their powers under paragraph (1)(A) (ii), (iii), and
(iv) of this subsection so as not to interfere unduly with the
lawful operation of the vessel.
(3) Nothing in this Act shall be construed to limit the
enforcement of this or other applicable Federal laws under
section 89 of title 14, United States Code.
(e) The district courts of the United States shall have
exclusive jurisdiction over any case or controversy arising
under the provisions of this Act.
SEC. 11.\13\ FINDINGS BY THE SECRETARY.
(a) Following any investigation conducted in accordance
with section 10(b) of this Act, the Secretary, with the
concurrence of the Secretary of State, and upon the request of
the Pacific Island Party concerned, may order a fishing vessel
which has not submitted to the jurisdiction of that Pacific
Island Party to leave immediately the Licensing Area, all
Limited Areas, and all Closed Areas upon making a finding--
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\13\ 16 U.S.C. 973i.
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(1) that the fishing vessel--
(A) while fishing in the Licensing Area did
not have a license under the Treaty to fish in
the Licensing Area, and that under paragraph 2
of Article 3 of the Treaty, such fishing is not
authorized to be conducted in the Licensing
Area without a license;
(B) was involved in any incident in which an
Authorized Officer, Authorized Party Officer,
or observer was allegedly assaulted with
resultant bodily harm, physically threatened,
forcefully resisted, refused boarding, or
subjected to physical intimidation or physical
interference in the performance of duties as
authorized by this Act or the Treaty;
(C) has not made full payment within 60 days
of any amount due as a result of a final
judgment or other final determination deriving
from a violation in waters within the Treaty
Area of a Pacific Island Party; or
(D) was not represented by an agent for
service of process in accordance with the
Treaty; or
(2) that there is probable cause to believe that the
fishing vessel--
(A) was used in violation of section 5
(a)(4), (a)(5), (b)(2), or (b)(3) of this Act;
(B) used an aircraft in violation of section
5(b)(7); or
(C) was involved in an incident in which
section 5(a)(7) was violated.
(b) Upon being advised by the Secretary of State that
proper notification to Parties has been made under paragraph 7
of Article 5 of the Treaty that a Pacific Island Party is
investigating an alleged infringement of the Treaty by a vessel
in waters under the jurisdiction of such Pacific Island Party,
the Secretary shall order the vessel to leave such waters until
the Secretary of State notifies the Secretary that such order
is no longer necessary.
(c) The Secretary shall rescind any order issued on the
basis of a finding under subsection (a)(1) (C) or (D) of this
section as soon as the Secretary determines that the facts
underlying the finding do not apply.
(d) No order issued in accordance with this section is
subject to judicial review.
(e) Upon a request by the Secretary, the Attorney General
shall commence a civil action for appropriate relief, including
permanent or temporary injunction, to enforce any order issued
by the Secretary under this section.
SEC. 12.\14\ REPORTING.
(a) Holders of licenses shall comply with the reporting
requirements of part 4 of Annex I to the Treaty.
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\14\ 16 U.S.C. 973j.
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(b) Information provided by license holders in Schedules 5
and 6 of Annex I of the Treaty shall be provided to the
Secretary for transmittal to the Administrator and to an entity
designated by the license holder. Such information thereafter
shall not be released and shall be maintained as confidential
by the Secretary, including information requested under the
Freedom of Information Act, unless disclosure is required under
court order or unless the information is essential for an
enforcement action under section 5, 10(b), 10(c), or 11 of this
Act, or any other proper law enforcement action.
SEC. 13.\15\ CLOSED AREA STOWAGE REQUIREMENTS.
At all times while a vessel is in a Closed Area, the
fishing gear of the vessel shall be stowed in such a manner as
not to be readily available for fishing. In particular, the
boom shall be lowered as far as possible so that the vessel
cannot be used for fishing, but so that the skiff is accessible
for use in emergency situations; the helicopter, if any, shall
be tied down; and launches shall be secured.
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\15\ 16 U.S.C. 973k.
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SEC. 14.\16\ OBSERVERS.
(a) The operator and each member of the crew of a vessel
shall allow and assist any individual identified as an observer
under the Treaty by the Pacific Island Parties--
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\16\ 16 U.S.C. 973l.
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(1) to board the vessel for scientific, compliance,
monitoring and other functions at the point and time
notified by the Pacific Island Parties to the
Secretary;
(2) without interfering unduly with the lawful
operation of the vessel, to have full access to and use
of facilities and equipment on board the vessel which
the observer may determine are necessary to carry out
observer duties; have full access to the bridge, fish
on board, and areas which may be used to hold, process,
weigh, and store fish; remove samples; have full access
to the vessel's records, including its log and
documentation for the purpose of inspection and
copying; and gather any other information relating to
fisheries in the Licensing Area;
(3) to disembark at the point and time notified by
the Pacific Island Parties to the Secretary; and
(4) to carry out observer duties safely.
(b) The operator shall provide any such observer, while on
board the vessel, at no expense to the Pacific Island Parties,
with food, accommodation, and medical facilities of such
reasonable standard as may be acceptable to the Pacific Island
Party whose representative is serving as the observer.
(c) The operator of any vessel from which any fish taken in
the Licensing Area is unloaded shall allow, or arrange for, and
assist any individual so authorized by the Pacific Island
Parties to have full access to any place where such fish is
unloaded, to remove samples, and to gather any other
information relating to fisheries in the Licensing Area.
SEC. 15.\17\ TECHNICAL ASSISTANCE.
The United States tuna industry shall provide $250,000
annually in technical assistance, including provision of
assistance by technicians, in response to requests coordinated
through the Administrator. The Secretary of State shall
designate an entity to coordinate the provision of such
technical assistance as provided by the United States tuna
industry and to provide an annual report to the Secretary of
State regarding the provision of such technical assistance.
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\17\ 16 U.S.C. 973m.
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SEC. 16.\18\ ARBITRATION.
In the event of a dispute requiring the establishment of an
arbitral tribunal under Article 6 of the Treaty, the Secretary
of State, in consultation with the Secretary, shall appoint the
arbitrator to be appointed by the United States under paragraph
3 of that Article, and shall represent the United States in
reaching agreement under such paragraph with each Pacific
Island Party involved concerning the appointment of the
presiding arbitrator of the tribunal.
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\18\ 16 U.S.C. 973n.
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SEC. 17.\19\ DISPOSITION OF FEES, PENALTIES, FORFEITURES, AND OTHER
MONEYS.
To the extent required by Article 4 of the Treaty, an
amount equivalent to the total value of any fine, penalty, or
other amount collected as a result of any action, judicial or
otherwise, taken pursuant to sections 7 and 8 of this Act shall
be paid by the United States through the Secretary of State to
the Administrator as soon as reasonably possible following the
date that such amount is collected.
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\19\ 16 U.S.C. 973o.
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SEC. 18.\20\ ADDITIONAL AGREEMENTS.
Within 30 days after the Secretary of State's receipt of
notice from a Pacific Island Party that it has concluded an
arrangement pursuant to paragraph 3 of Article 3 of the Treaty,
the Secretary of State shall consult with the Secretary
concerning whether the procedures of Article 4 and paragraph 6
of Article 5 of the Treaty should be made applicable to such
arrangement. At the conclusion of the consultations the Pacific
Island Party and all other persons agreeing to the arrangement
shall be notified by the Secretary of State of the resulting
decision.
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\20\ 16 U.S.C. 973p.
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SEC. 19.\21\ SECRETARY OF STATE TO ACT FOR THE UNITED STATES.
The Secretary of State is authorized to receive on behalf
of the United States reports, requests, and other
communications from the Administrator and to act thereon
directly or by reference to the appropriate authorities. The
Secretary of State, after consultations with the Secretary, may
accept or reject, on behalf of the United States, changes or
amendments to Annex I of the Treaty and its Schedules and Annex
II to the Treaty and its Schedules.
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\21\ 16 U.S.C. 973q.
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SEC. 20.\22\ AUTHORIZATION OF APPROPRIATIONS.
(a) There are authorized to be appropriated for fiscal
years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000,
2001, and 2002 \23\ such sums as may be necessary for carrying
out the purposes and provisions of the Treaty and this Act
including--
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\22\ 16 U.S.C. 973r.
\23\ Sec. 3(b) of Public Law 102-523 (106 Stat. 3433) struck out
``1988, 1989, 1990, 1991, and 1992'' each place it appeared in sec. 20,
and inserted in lieu thereof ``1992, 1993, 1994, 1995, 1996, 1997,
1998, 1999, 2000, 2001, and 2002''.
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(1) for fiscal years 1992, 1993, 1994, 1995, 1996,
1997, 1998, 1999, 2000, 2001, and 2002,\23\ an amount
not to exceed $350,000 annually to the Department of
Commerce for administrative expenses; and
(2) for fiscal years 1988, 1989, 1990, 1991, and
1992, an amount not to exceed $50,000 annually to the
Department of State for administrative expenses.
(b) Funds appropriated for the purposes of the Treaty may
be used notwithstanding any of the provisions of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or of any
appropriations Act that imposes restrictions on the maintenance
or use of cash transfer assistance, which are inconsistent with
the provisions of the Treaty.
SEC. 21.\24\ EFFECTIVE DATE.
(a) Except as provided in subsection (b) of this section,
this Act shall be effective on the date on which the Treaty
enters into force for the United States.
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\24\ 16 U.S.C. 973 note.
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(b)(1) The authority to promulgate regulations pursuant to
this Act shall be effective on the date of enactment of this
Act.
(2) Any regulation promulgated pursuant to this Act shall
not be effective before the date on which the Treaty enters
into force for the United States.
d. Eastern Pacific Ocean Tuna Licensing Act of 1984
Public Law 98-445 [H.R. 5147], 98 Stat. 1715, approved October 4, 1984;
as amended by Public Law 104-208 [Department of Commerce and Related
Agencies Appropriations Act; title II of sec. 101(a) of title I of
Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September 30,
1996
AN ACT To implement the Eastern Pacific Ocean Tuna Fishing Agreement,
signed in San Jose, Costa Rica, March 15, 1983.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Eastern Pacific Tuna Licensing Act of
1984''.
SEC. 2.\1\ DEFINITIONS.
As used in this Act--
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\1\ 16 U.S.C. 972.
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(1) The term ``Agreement'' means the Eastern Pacific
Ocean Tuna Fishing Agreement, signed in San Jose, Costa
Rica, March 15, 1983.
(2) The term ``Agreement Area'' means the area within
a perimeter determined as follows: From the point on
the mainland where the parallel of 40 degrees north
latitude intersects the coast westward along the
parallel of 40 degrees north latitude to 40 degrees
north latitude by 125 degrees west longitude to 20
degrees north latitude by 125 degrees west longitude,
thence southerly along the meridian of 125 degrees west
longitude to 20 degrees north latitude by 125 degrees
west longitude, thence easterly along the parallel of
20 degrees north latitude to 20 degrees latitude by 120
degrees west longitude, thence southerly along the
meridian of 120 degrees west longitude to 5 degrees
north latitude by 120 degrees west longitude, thence
easterly along the parallel of 5 degrees north latitude
to 5 degrees north latitude by 110 degrees west
longitude, thence southerly along the meridian of 110
degrees west longitude to 10 degrees south latitude by
110 degrees west longitude, thence easterly along the
parallel of 10 degrees south latitude to 10 degrees
south latitude by 90 degrees west longitude, thence
southerly along the meridian of 90 degrees west
longitude to 30 degrees south latitude by 90 degrees
west longitude, thence easterly along the parallel of
30 degrees south latitude to the point on the mainland
where the parallel intersects the coast; but the
Agreement Area does not include the zones within twelve
nautical miles of the baseline from which the breadth
of territorial sea is measured and the zones within two
hundred nautical miles of the baselines of Coastal
States not signatories to the Agreement, measured from
the same baseline.
(3) The term ``designated species of tuna'' means
yellowfin tuna, Thunnus albacares (Bonnaterre, 1788);
bigeye tuna, Thunnus obesus (Lowe, 1839); albacore
tuna, Thunnus alalunga (Bonnaterre, 1788); northern
bluefin tuna, Thunnus thynnus (Linnaeus, 1758):
southern bluefin tuna, Thunnus maccoyil (Castelnau,
1872); skipjack tuna, Katsuwonus pelamis (Linnaeus
1578); black skipjack, Euthynnus Lineatus (Kishinouye
1920); kawakawa, Euthynnus affinis (Cantor, 1849);
bullet tuna, Auxis rochei (Risso, 1810), frigate tuna,
Ausix (Lacepede, 1800); eastern Pacific bonito, Sarda
chiliensis (Cuvier in Cuvier and Valenciennes, 1831);
and Indo-Pacific bonito, Sarda orientalis (Temminck and
Schlegel, 1844).
(4) The term ``Council'' means the body consisting of
the representatives from each Contracting Party to the
Agreement which is a Coastal State of the eastern
Pacific Ocean or a member of the Inter-American
Tropical Tuna Commission at the time of entry into
force of the Agreement.
SEC. 3.\2\ UNITED STATES REPRESENTATION ON THE COUNCIL.
(a) The Secretary of State--
---------------------------------------------------------------------------
\2\ 16 U.S.C. 972a.
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(1) shall appoint a United States representative to
the Council; and
(2) may appoint not more than three alternate United
States representatives to the Council.
(b) An individual is not eligible for appointment as, or to
serve as, the United States representative under subsection
(a)(1) unless the individual is an officer or employee of the
United States Government.
(c) An individual is not entitled to compensation for
serving as the United States representative or an alternate
United States representative.
(d) While away from home or a regular place of business in
the performance of service as the United States representative
or an alternate United States representative, an individual is
entitled to travel expenses, including per diem in lieu of
subsistence, in the same manner as individuals employed
intermittently in Government service are allowed expenses under
section 5703(b) of title 5 of the United States Code.
SEC. 4.\3\ SECRETARY OF STATE TO ACT FOR THE UNITED STATES.
The Secretary of State shall receive, on behalf of the
United States Government, reports, requests, recommendations
and other communications of the Council, and, in consultation
with the Secretary of Commerce, shall act directly thereon or
by reference to the appropriate authorities.
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\3\ 16 U.S.C. 972b.
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SEC. 5.\4\ APPLICATION TO OTHER LAWS.
(a) Notwithstanding section 4 of the Fishermen's Protective
Act of 1967 (22 U.S.C. 1874), such Act applies with respect to
a seizure by a Contracting Party to the Agreement of a vessel
of the United States within the Agreement Area for violation of
the Agreement if the Secretary of State determines that the
violation is not of such seriousness as to diminish the
effectiveness of the Agreement.
---------------------------------------------------------------------------
\4\ 16 U.S.C. 972c.
---------------------------------------------------------------------------
(b) The seizure by a Contracting Party to the Agreement of
a vessel of the United States shall not be considered to be a
seizure described in section 205(a)(4)(C) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1825(a)(4)(C)) \5\ if the seizure is consistent with the
Agreement.
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\5\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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SEC. 6.\6\ DISPOSITION OF FEES.
All fees accruing to the United States under Article III Of
the Agreement shall be deposited into the Treasury of the
United States.
---------------------------------------------------------------------------
\6\ 16 U.S.C. 972d.
---------------------------------------------------------------------------
SEC. 7.\7\ REGULATIONS.
The Secretary of Commerce, in cooperation with the
Secretary of State of the department in which the Coast Guard
is operating, shall issue such regulations as may be necessary
to carry out the purposes and objectives of the Agreement and
this Act. Regulations may be made applicable as necessary to
all persons and vessels subject to the jurisdiction of the
United States, wherever located. Regulations concerning the
conservation of a designated species of tuna may be issued only
to implement conservation recommendations made by the Council
under Article 3(D) of the Agreement.
---------------------------------------------------------------------------
\7\ 16 U.S.C. 972e.
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SEC. 8.\8\ PROHIBITED ACTS.
(a) It is unlawful for any person subject to the
jurisdiction of the United States--
---------------------------------------------------------------------------
\8\ 16 U.S.C. 972f.
---------------------------------------------------------------------------
(1) to engage in fishing for a designated species of
tuna within the Agreement Area unless issued a license
under the Agreement authorizing such fishing;
(2) to engage in fishing for a designated species of
tuna within the Agreement area in contravention of
regulations promulgated by the Secretary of the
Commerce under the Agreement:
(3) knowingly to ship, transport, purchase, sell,
offer for sale, export, or have in custody, possession,
or control any designated species of tuna taken or
retained in violation of regulations issued under
section 7;
(4) to fail to make, keep, or furnish any catch
return, statistical record, or other report required by
regulations issued under section 7;
(5) being a person in charge of a vessel of the
United States, to fail to stop upon being hailed by an
authorized official of the United States, or to refuse
to permit officials of the United States to board the
vessel or inspect its catch, equipment, books,
documents, records, or other articles, or to question
individuals on board; or
(6) to import from any country, in violation of any
regulation issued under section 7, any designated
species of tuna.
(b) Any person who is convicted of violating--
(1) subsection (a)(1), (a)(2), (a)(3) shall be fined
or assessed a civil penalty not more than $25,000, and
for a subsequent violation shall be fined or assessed a
civil penalty not more than $50,000;
(2) subsection (a)(4) or (a)(5) shall be fined or
assessed a civil penalty not more than $5,000, and for
a subsequent violation shall be fined or assessed a
civil penalty not more than $5,000; or
(3) subsection (a)(6) shall be fined or assessed a
civil penalty not more than $100,000.
(c) All designated species of tuna taken or retained in
violation of subsection (a) (1), (2), (3), or (6), or the
monetary value thereof, is subject to forfeiture.
(d) All provisions of law relating to the seizure, judicial
forfeiture, and condemnation of a cargo for violation of the
customs laws, the disposition of such cargo or the proceeds
from the sale thereof, and the remission or mitigation of such
forfeitures shall apply to seizures and forfeitures incurred,
or alleged to have been incurred, under this Act, insofar as
such provisions of law are applicable and not inconsistent with
the provisions of this Act.
SEC. 9.\9\ ENFORCEMENT.
(a) The judges of the United States district courts and
United States magistrates may, within their respective
jurisdictions, upon proper oath or affirmation showing probable
cause, issue such warrants or other process as may be required
for enforcement of this Act and the regulations issued under
section 7.
---------------------------------------------------------------------------
\9\ 16 U.S.C. 972g.
---------------------------------------------------------------------------
(b) The enforcement of this Act and the regulations issued
under section 7 shall be the joint responsibility of the
department in which the Coast Guard is operating, the
Department of Commerce, and the United States Customs Service.
In addition, the Secretary of Commerce may designate officers
and employees of the States of the United States, of the
Commonwealth of Puerto Rico, and of American Samoa to carry out
enforcement activities under this section. When so designated,
such officers and employees may function as Federal law
enforcement agents for these purposes.
(c) An individual authorized to carry out enforcement
activities under this section has power to execute any warrant
or process issued by any officer or court of competent
jurisdiction for the enforcement of this Act.
(d) An individual so authorized to carry out enforcement
activities under this section has power--
(1) with or without a warrant or other process, to
arrest any person subject to the jurisdiction of the
United States at any place within the jurisdiction of
the United States committing in his presence or view a
violation of this Act or the regulations issued under
section 7;
(2) with or without a warrant or other process, to
search any vessel subject to the jurisdiction of the
United States, and, if as a result of the search he has
reasonable cause to believe that such vessel or any
individual on board is engaging in operations in
violation of this Act or any regulation issued
thereunder to arrest such person.
(e) An individual authorized to enforce this Act may seize,
whenever or wherever lawfully found, all species of designated
tuna taken or retained in violation of this Act or the
regulations issued under section 7. Any species so seized may
be disposed of pursuant to the order of a court of competent
jurisdiction, under subsection (f) of this section or, if
perishable, in a manner prescribed by regulations of the
Secretary of Commerce.
(f) Notwithstanding the provisions of section 2464 of title
28, United States Code, when a warrant of arrest or other
process in rem is issued in any cause under this section, the
marshal or other officer shall stay the execution of such
process, or discharge any species of designated tuna seized if
the process has been levied, on receiving from the claimant of
the species a bond or stipulation for the value of the property
with sufficient surety to be approved by a judge of the
district court having jurisdiction of the offense, conditioned
to deliver the species seized, if condemned, without impairment
in value or, in the discretion of the court, to pay the
equivalent value in money or otherwise to answer the decree of
the court in such case. Such bond or stipulation shall be
returned to the court and judgment thereon against both the
principal and sureties may be recovered in event of any breach
of the conditions thereof as determined by the court. In the
discretion of the accused, and subject to the direction of the
court, the species may be sold for not less than its reasonable
market value and the proceeds of such sale placed in the
registry of the court pending judgment in the case.
SEC. 10.\10\ AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal years
after fiscal year 1984 such sums as may be necessary to carry
out this Act.
---------------------------------------------------------------------------
\10\ 16 U.S.C. 972h.
e. Atlantic Tunas Convention Act of 1975, Appropriation Authorization
Partial text of Public Law 96-339 [S. 2549], 94 Stat. 1069, approved
September 4, 1980; as amended by Public Law 104-43 [Fisheries Act of
1995; H.R. 716], 109 Stat. 366, approved November 3, 1995; Public Law
104-208 [Department of Commerce and Related Agencies Appropriations
Act; title II of sec. 101(a) of title I of Public Law 104-208; H.R.
3610], 110 Stat. 3009, approved September 30, 1996; and Public Law 105-
384 [H.R. 3461], 112 Stat. 3451, approved November 13, 1998
AN ACT To authorize appropriations for fiscal years 1981, 1982, and
1983 for the Atlantic Tunas Convention Act of 1975, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AMENDMENTS TO ATLANTIC TUNAS CONVENTION ACT OF 1975.
* * * * * * *
SEC. 2.\1\ OBSERVER PROGRAM REGARDING CERTAIN FOREIGN FISHING.
(a) Definitions.--As used in this section--
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1827.
---------------------------------------------------------------------------
(1) The term ``Act of 1976'' means the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).\2\
---------------------------------------------------------------------------
\2\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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(2) The term ``billfish'' means any species of
marlin, spearfish, sailfish or swordfish.
(3) The term ``Secretary'' means the Secretary of
Commerce.
(b) Observer Program.--The Secretary shall establish a
program under which a United States observer will be stationed
aboard each foreign fishing vessel while that vessel--
(1) is in waters that are within--
(A) the fishery conservation zone \3\
established under section 101 of the Act of
1976, and
---------------------------------------------------------------------------
\3\ Sec. 101(c)(2) of Public Law 99-659 (100 Stat. 3707) amended
generally sec. 101 of the Magnuson-Stevens Fishery Conservation and
Management Act, which established the fishery conservation zone. Sec.
101, amended, relates to United States sovereign rights to fish and
fishery management authority within the ``exclusive economic zone''.
---------------------------------------------------------------------------
(B) the Convention area as defined in Article
I of the International Convention for the
Conservation of Atlantic Tunas; and
(2) is taking or attempting to take any species of
fish if such taking or attempting to take may result in
the incidental taking of billfish.
The Secretary may acquire observers for such program through
contract with qualified private persons.
(c) Functions of Observers.--United States observers, while
aboard foreign fishing vessels as required under subsection
(b), shall carry out such scientific and other functions as the
Secretary deems necessary or appropriate to carry out this
section.
(d) Fish.--There is imposed for each year after 1980 on the
owner or operator or each foreign fishing vessel that, in the
judgment of the Secretary, will engage in fishing in waters
described in subsection (b)(1) during that year which may
result in the incidental taking of billfish a fee in an amount
sufficient to cover all of the costs of providing an observer
aboard that vessel under the program established under
subsection (a). The fees imposed under this subsection for any
year shall be paid to the Secretary before that year begins.
All fees collected by the Secretary under this subsection shall
be deposited in the Fund established by subsection (e).
(e) Fund.--There is established in the Treasury of the
United States the Foreign Fishing Observer Fund. The Fund shall
be available to the Secretary as a revolving fund for the
purpose of carrying out this section.\4\ The Fund shall consist
of the fees deposited into it as required under subsection (d).
All payments made by the Secretary to carry out this section
shall be paid from the Fund, only to the extent and in the
amounts provided for in advance in appropriation Acts. Sums in
the Fund which are not currently needed for the purposes of
this section shall be kept on deposit or invested in
obligations of, or guaranteed by, the United States.
---------------------------------------------------------------------------
\4\ The Department of Commerce Appropriations Act, 2003 (title II
of Division B Public Law 108-7; 117 Stat. 76), provided:
---------------------------------------------------------------------------
``foreign fishing observer fund
---------------------------------------------------------------------------
``For expenses necessary to carry out the provisions of the
Atlantic Tunas Convention Act of 1975, as amended (Public Law 96-339),
the Magnuson-Stevens Fishery Conservation and Management Act of 1976,
as amended (Public Law 100-627) , the American Fisheries Promotion Act
(Public Law 96-561) and the International Dolphin Conservation Program
Act (Public Law 105-42), to be derived from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to
exceed $1,000, to remain available until expended.''.
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(f) Prohibited Acts.--(1) It is unlawful for any person who
is the owner or operator of a foreign fishing vessel to which
this section applies--
(A) to violate any regulation issued under subsection
(g);
(B) to refuse to pay the fee imposed under subsection
(d) after being requested to do so by the Secretary; or
(C) to refuse to permit an individual who is
authorized to act as an observer under this section
with respect to that vessel to board the vessel for
purposes of carrying out observer functions.
(2) Section 308 of the Act of 1976 (relating to civil
penalties) applies to any act that is unlawful under paragraph
(1), and for purposes of such application the commission of any
such act shall be treated as an act the commission of which is
unlawful under section 307 of the Act of 1976.
(g) Regulations.--The Secretary shall issue such
regulations as are necessary or appropriate to carry out this
section.
SEC. 3.\5\ RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.
(a) \6\ Biennial Report on Bluefin Tuna.--The Secretary of
Commerce shall prepare, for each biennial period commencing
with the period covering calendar years 1981 and 1982, and
submit to the Congress a report setting forth, with respect to
such biennial period--
---------------------------------------------------------------------------
\5\ 16 U.S.C. 971i. Sec. 302(b)(1) of the Atlantic Tunas Convention
Authorization Act of 1995 (Public Law 104-43; 109 Stat. 382) amended
and restated the section catchline, which formerly read: ``reports
regarding bluefin tuna.''.
\6\ Sec. 302(b)(3) of Public Law 104-43 (109 Stat. 382) inserted
subsec. designation and subsec. heading.
---------------------------------------------------------------------------
(1) the level of taking of bluefin tuna by United
States fishermen in the Convention area as defined in
Article I of the International Convention for the
Conservation of Atlantic Tunas;
(2) the status of bluefin tuna stocks within such
Convention area and the trends in their population
level; and
(3) related information resulting from the
implementation of the observer program under section 2
of this Act.
The report required under this section shall be submitted to
the Congress within sixty days after the close of the biennial
period covered by the report.\7\
---------------------------------------------------------------------------
\7\ Sec. 302(b)(2) of Public Law 104-43 (109 Stat. 382) struck out
a sentence at this point that read: ``There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
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(b) \8\ Highly Migratory Species Research and Monitoring.--
---------------------------------------------------------------------------
\8\ Sec. 302(b)(4) of Public Law 104-43 (109 Stat. 382) added
subsec. (b).
---------------------------------------------------------------------------
(1) Within 6 months after the date of enactment of
the Atlantic Tunas Convention Authorization Act of
1995, the Secretary of Commerce, in cooperation with
the advisory committee established under section 4 of
the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
971b) and in consultation with the United States
Commissioners on the International Commission for the
Conservation of Atlantic Tunas (referred to elsewhere
in this section as the ``Commission'') and the
Secretary of State, shall develop and implement a
comprehensive research and monitoring program to
support the conservation and management of Atlantic
bluefin tuna and other highly migratory species that
shall--
(A) identify and define the range of stocks
of highly migratory species in the Atlantic
Ocean, including Atlantic bluefin tuna; and
(B) provide for appropriate participation by
nations which are members of the Commission.
(2) The program shall provide for, but not be limited
to--
(A) statistically designed cooperative
tagging studies;
(B) genetic and biochemical stock analyses;
(C) population censuses carried out through
aerial surveys of fishing grounds and known
migration areas;
(D) adequate observer coverage and port
sampling of commercial and recreational fishing
activity;
(E) collection of comparable real-time data
on commercial and recreational catches and
landings through the use of permits, logbooks,
landing reports for charter operations and
fishing tournaments, and programs to provide
reliable reporting of the catch by private
anglers;
(F) studies of the life history parameters of
Atlantic bluefin tuna and other highly
migratory species;
(G) integration of data from all sources and
the preparation of data bases to support
management decisions; and
(H) other research as necessary.
(3) In developing a program under this section, the
Secretary shall--
(A) ensure that personnel and resources of
each regional research center shall have
substantial participation in the stock
assessments and monitoring of highly migratory
species that occur in the region;
(B) provide for comparable monitoring of all
United States fishermen to which the Atlantic
Tunas Convention Act of 1975 \9\ applies with
respect to effort and species composition of
catch and discards;
---------------------------------------------------------------------------
\9\ Sec. 202(b)(2) of Public Law 105-384 (112 Stat. 3453) inserted
``of 1975''.
---------------------------------------------------------------------------
(C) consult with relevant Federal and State
agencies, scientific and technical experts,
commercial and recreational fishermen, and
other interested persons, public and private,
and shall publish a proposed plan in the
Federal Register for the purpose of receiving
public comment on the plan; and
(D) through the Secretary of State, encourage
other member nations to adopt a similar
program.
f. Atlantic Tunas Convention Act of 1975, as amended
Public Law 94-70 [H.R. 5522], 89 Stat. 385, approved August 5, 1975; as
amended by Public Law 94-265 [Fishery Conservation and Management Act
of 1976; H.R. 200], 90 Stat. 331 at 361, approved April 13, 1976;
Public Law 95-33 [H.R. 6205], 91 Stat. 173, approved May 26, 1977;
Public Law 96-339 [S. 2549], 94 Stat. 1069, approved September 4, 1980;
Public Law 98-44 [S. 625], 97 Stat. 216, approved July 12, 1983; Public
Law 99-659 [S. 991], 100 Stat 3706, approved November 14, 1986; Public
Law 101-627 [Fishery Conservation Amendments of 1990; H.R. 2061], 104
Stat. 4436, approved November 28, 1990; Public Law 104-43 [Fisheries
Act of 1995; H.R. 716], 109 Stat. 366, approved November 3, 1995;
Public Law 104-208 [Department of Commerce and Related Agencies
Appropriations Act; title II of sec. 101(a) of title I of Public Law
104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 1996;
Public Law 105-384 [H.R. 3461], 112 Stat. 3451, approved November 13,
1998; Public Law 106-562 [H.R. 1653], 114 Stat. 2794, approved December
23, 2000; and Public Law 107-372 [Hydrographic Services Improvement Act
Amendments of 2002; H.R. 4883], 116 Stat. 3078, approved December 19,
2002
AN ACT To give effect to the International Convention for the
Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14,
1966,\1\ by the United States of America and other countries, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Atlantic Tunas Convention Act of
1975''.
---------------------------------------------------------------------------
\1\ 20 UST 2887; see boxnote page 3.
---------------------------------------------------------------------------
definitions
Sec. 2.\2\ For the purpose of this Act--
(1) The term ``Convention'' means the International
Convention for the Conservation of Atlantic Tunas,
signed at Rio de Janeiro May 14, 1966, including any
amendments or protocols which are or become effective
for the United States.
---------------------------------------------------------------------------
\2\ 16 U.S.C. 971.
---------------------------------------------------------------------------
(2) The term ``Commission'' means the International
Commission for the Conservation of Atlantic Tunas
provided for in article III of the Convention.
(3) \3\ The term ``conservation recommendation''
means any recommendation of the Commission made
pursuant to Article VIII of the Convention and acted
upon favorably by the Secretary of State under section
5(a) of this Act.
---------------------------------------------------------------------------
\3\ Sec. 303(1) of Public Law 104-43 (109 Stat. 384) redesignated
paras. (3) through (10) as paras. (4) through (11), respectively, and
added a new para. (3).
---------------------------------------------------------------------------
(4) \3\ The term ``Council'' means the Council
established within the International Commission for the
Conservation of Atlantic Tunas pursuant to article V of
the Convention.
(5) \3\, \4\ The term ``exclusive economic
zone'' means an exclusive economic zone as defined in
section 3 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1802).\5\
---------------------------------------------------------------------------
\4\ Sec. 303(2) of Public Law 104-43 (109 Stat. 384) struck out
para. (5), as redesignated, and inserted a new para. (4) (resulting in
two para. (4)). Subsequently, sec. 202(b)(1)(A) of Public Law 105-384
(112 Stat. 3452) redesignated the second para. (4) as para. (5). Para.
(5), as struck out by Public Law 104-43, formerly read as follows:
``(5) The term `fisheries zone' means the waters included within a
zone contiguous to the territorial sea of the United States, of which
the inner boundary is a line coterminous with the seaward boundary of
each coastal State, and the outer boundary is a line drawn in such a
manner that each point on it is two hundred nautical miles from the
baseline from which the territorial sea is measured; or similar zones
established by other parties to the Convention to the extent that such
zones are recognized by the United States.''.
Sec. 303(3) of Public Law 104-43 (109 Stat. 384) struck out
``fisheries zone'' throughout this Act, and inserted in lieu thereof
``exclusive economic zone''.
\5\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
Subsequently, sec. 202(b)(1)(F) of Public Law 105-384 (112 Stat.
3453) struck out ``Magnuson Fishery'' each place it appeared in sec. 2
and inserted in lieu thereof ``Magnuson-Stevens Fishery''.
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(6) \3\ The term ``fishing'' means the catching,
taking, or fishing for, or the attempted catching,
taking, or fishing for any species of fish covered by
the Convention, or any activities in support thereof.
(7) \3\ the term ``fishing vessel'' means any vessel
engaged in catching fish or processing or transporting
fish loaded on the high seas, or any vessel outfitted
for such activities.
(8) \3\ The term ``Panel'' means any panel
established by the Commission pursuant to article VI of
the Convention.
(9) \3\ The term ``person'' means every individual,
partnership, corporation, and association subject to
the jurisdiction of the United States.
(10) \3\ The term ``Secretary'' means the Secretary
of Commerce.
(11) \3\ The term ``State'' includes each of the
States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, and the territories
and possessions of the United States.
commissioners
Sec. 3.\6\ (a)(1) \7\ The United States shall be
represented by not more than three Commissioners who shall
serve as delegates of the United States on the Commission, and
who may serve on the Council and Panels of the Commission as
provided for in the Convention. Such Commissioners shall be
appointed by and serve at the pleasure of the President. Not
more than one such Commissioner shall be a salaried employee of
any State or political subdivision thereof, or the Federal
Government. Individuals serving as such Commissioners shall not
be considered to be Federal employees while performing such
service, except for purposes of injury compensation or tort
claims liability as provided in chapter 81 of title 5, United
States Code, and chapter 171 of title 28, United States
Code.\8\ The Commissioners shall be entitled to select a
Chairman and to adopt such rules of procedure as they find
necessary.
---------------------------------------------------------------------------
\6\ 16 U.S.C. 971a.
\7\ Sec. 201(a) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4459) inserted para. designation (1),
and added new paras. (2) and (3).
Sec. 201(b) and sec. 202 of that Act also provided the following:
``(b) Application to Current Commissioners.--(1) Paragraph (2) of
section 3(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
971a(a)), as added by this section, shall not apply to reappointment of
an individual as a United States Commissioner of the International
Commission for the Conservation of Atlantic Tunas (hereinafter in this
title referred to as a `Commissioner') if that individual is serving in
that position on the date of enactment of this Act.
``(2) An individual serving a term as a Commissioner on the date of
enactment of this Act shall not, by reason of that term of service, be
ineligible under paragraph (3)(B) of section 3(a) of the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971a(a)), as added by this section,
for reappointment as a Commissioner.
---------------------------------------------------------------------------
``termination of current terms and completion of pending appointments
---------------------------------------------------------------------------
``Sec. 202. The term as Commissioner of each individual serving in
that position on the date of enactment of this Act shall terminate
March 1, 1991. Not later than that date, the President shall complete
appointment (or reappointment) of individuals to serve as Commissioners
on and after that date.''.
\8\ Sec. 303 of Public Law 106-562 (114 Stat. 2806) added this
sentence.
---------------------------------------------------------------------------
(2) \7\ Of the Commissioners appointed under paragraph (1)
who are not governmental employees--
(A) one shall be appointed from among individuals
with knowledge and experience regarding commercial
fishing in the Atlantic Ocean, Gulf of Mexico, or
Caribbean Sea; and
(B) one shall be appointed from among individuals
with knowledge and experience regarding recreational
fishing in the Atlantic Ocean, Gulf of Mexico, or
Caribbean Sea.
(3) \7\ (A) The term of a Commissioner shall be three
years.
(B) An individual appointed in accordance with paragraph
(2) shall not be eligible to serve more than two consecutive
terms as a Commissioner.
(b) The Secretary of State, in consultation with the
Secretary, may designate from time to time and for periods of
time deemed appropriate Alternate United States Commissioners
to the Commission. Any Alternate United States Commissioner may
exercise at any meeting of the Commission, Council, any Panel,
or the advisory committee established pursuant to section 4 of
this Act, all powers and duties of a United States Commissioner
in the absence of any Commissioner appointed pursuant to
subsection (a) of this section for whatever reason. The number
of such Alternate United States Commissioners that may be
designated for any such meeting shall be limited to the number
of United States Commissioners appointed pursuant to subsection
(a) of this section who will not be present at such meeting.
(c) The United States Commissioners or Alternate
Commissioners, although officers of the United States while so
serving, shall receive no compensation for their services as
such Commissioners or Alternate Commissioners.
(d) \9\ (1) The Secretary of States shall pay the necessary
travel expenses of United States Commissioners, Alternate
United States Commissioners, and authorized advisors in
accordance with the Federal Travel Regulations and sections
5701, 5702, 5704 through 5708, and 5731 of title 5, United
States Code.
---------------------------------------------------------------------------
\9\ Sec. 203 of the Fishery Conservation Amendments of 1990 (Public
Law 101-627; 104 Stat. 4459) added subsec. (d).
---------------------------------------------------------------------------
(2) The Secretary may reimburse the Secretary of State for
amounts expended by the Secretary of State under this
subsection.
advisory committee
Sec. 4.\10\ (a) \11\ There is established an advisory
committee which shall be composed of--
---------------------------------------------------------------------------
\10\ 16 U.S.C. 971b.
\11\ Sec. 304 of Public Law 104-43 (109 Stat. 384) added subsec.
designation ``(a)'' and added subsec. (b).
---------------------------------------------------------------------------
(1) not less than five nor more than twenty
individuals appointed by the United States
Commissioners who shall select such individuals from
the various groups concerned with the fisheries covered
by the Convention; and
(2) the chairmen (or their designees) of the New
England, Mid-Atlantic, South Atlantic, Caribbean, and
Gulf Fishery Management Councils established under
section 302(a) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1852(a)).\12\
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\12\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
Subsequently, sec. 202(b)(1)(F) of Public Law 105-384 (112 Stat.
3453) struck out ``Magnuson Fishery'' each place it appeared in sec. 4
and inserted in lieu thereof ``Magnuson-Stevens Fishery''.
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Each member of the advisory committee appointed under paragraph
(1) shall serve for a term of two years and shall be eligible
for reappointment.\13\ Members of the advisory committee may
attend all public meetings of the Commission, Council, or any
Panel and any other meetings to which they are invited by the
Commission, Council, or any Panel. The advisory committee shall
be invited to attend all nonexecutive meetings of the United
States Commissioners and at such meetings shall be given
opportunity to examine and to be heard on all proposed programs
of investigation, reports, recommendations, and regulations of
the Commission. Members of the advisory committee shall receive
no compensation for their services as such members. The
Secretary and the Secretary of State may pay the necessary
travel expenses of members of the advisory committee in
accordance with the Federal Travel Regulations and sections
5701, 5702, 5704 through 5708, and 5731 of title 5, United
States Code.\14\
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\13\ Sec. 1(1)(C) of Public Law 96-339 (94 Stat. 1069) amended and
restated sec. 4 to this point. This amendment added to the membership
of the advisory committee the chairmen of the various Fishery
Management Councils.
\14\ Sec. 204 of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4460) amended and restated this
sentence.
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(b) \11\ (1) A majority of the members of the advisory
committee shall constitute a quorum, but one or more such
members designated by the advisory committee may hold meetings
to provide for public participation and to discuss measures
relating to the United States implementation of Commission
recommendations.
(2) The advisory committee shall elect a Chairman for a 2-
year term from among its members.
(3) The advisory committee shall meet at appropriate times
and places at least twice a year, at the call of the Chairman
or upon the request of the majority of its voting members, the
United States Commissioners, the Secretary, or the Secretary of
State. Meetings of the advisory committee, except when in
executive session, shall be open to the public, and prior
notice of meetings shall be made public in a timely fashion.
(4)(A) The Secretary shall provide to the advisory
committee in a timely manner such administrative and technical
support services as are necessary for the effective functioning
of the committee.
(B) The Secretary and the Secretary of State shall furnish
the advisory committee with relevant information concerning
fisheries and international fishery agreements.
(5) The advisory committee shall determine its
organization, and prescribe its practices and procedures for
carrying out its functions under this Act, the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.),\12\ and the Convention. The advisory committee shall
publish and make available to the public a statement of its
organization, practices, and procedures.
(6) The advisory committee shall, to the maximum extent
practicable, consist of an equitable balance among the various
groups concerned with the fisheries covered by the Convention
and shall not be subject to the Federal Advisory Committee Act
(5 U.S.C. App.).
species working groups
Sec. 4A.\15\ The United States Commissioners may establish
species working groups for the purpose of providing advice and
recommendations to the Commissioners and the advisory committee
on matters relating to the conservation and management of any
highly migratory species covered by the Convention. Any species
working group shall consist of no more than seven members of
the advisory committee and no more than four scientific or
technical personnel, as considered necessary by the
Commissioner.
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\15\ 16 U.S.C. 971b-1. Sec. 205 of the Fishery Conservation
Amendments of 1990 (Public Law 101-627; 104 Stat. 4460) added sec. 4A.
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secretary of state to act for the united states
Sec. 5.\16\ (a) The Secretary of State is authorized to
receive on behalf of the United States, reports, requests, and
other communications of the Commission, and to act thereon
directly or by reference to the appropriate authorities. The
Secretary of State, with the concurrence of the Secretary and,
for matters relating to enforcement, the Secretary of the
department in which the Coast Guard is operating, is authorized
to take appropriate action on behalf of the United States with
regard to recommendations received from the Commission pursuant
to article VIII of the Convention. The Secretary and, when
appropriate, the Secretary of the department in which the Coast
Guard is operating, shall inform the Secretary of State as to
what action he considers appropriate within five months of the
date of the notification of the recommendation from the
Commission, and again within forty-five days of the additional
sixty-day period provided by the Convention if any objection is
presented by another contracting party to the Convention, or
within thirty days of the date of the notification of an
objection made within the additional sixty-day period,
whichever date shall be the later. After any notification from
the Commission that an objection of the United States is to be
considered as having no effect, the Secretary shall inform the
Secretary of State as to what action he considers appropriate
within forty-five days of the sixty-day period provided by the
Convention for reaffirming objections. The Secretary of State
shall take steps under the Convention to insure that a
recommendation pursuant to article VIII of the Convention does
not become effective for the United States prior to its
becoming effective for all contracting parties conducting
fisheries affected by such recommendation on a meaningful scale
in terms of their effect upon the success of the conservation
program, unless he determines, with the concurrence of the
Secretary, and, for matters relating to enforcement, the
Secretary of the department in which the Coast Guard is
operating, that the purposes of the Convention would be served
by allowing a recommendation to take effect for the United
States at some earlier time.
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\16\ 16 U.S.C. 971c.
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(b) The Secretary of State, in consultation with the
Secretary and the Secretary of the department in which the
Coast Guard is operating, is authorized to enter into
agreements with any contracting party, pursuant to paragraph 3
of article IX of the Convention, relating to cooperative
enforcement of the provisions of the Convention,
recommendations in force for the United States and such party
or parties under the Convention, and regulations adopted by the
United States and such contracting party or parties pursuant to
recommendations of the Commission. Such agreements may
authorize personnel of the United States to enforce measures
under the Convention and under regulations of another party
with respect to persons under that party's jurisdiction, and
may authorize personnel of another party to enforce measures
under the Convention and under United States regulations with
respect to persons subject to the jurisdiction of the United
States. Enforcement under such an agreement may not take place
within the territorial seas or exclusive economic zone \17\ of
the United States. Such agreements shall not subject persons or
vessels under the jurisdiction of the United States to
prosecution or assessment of penalties by any court or tribunal
of a foreign country.
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\17\ Sec. 303(3) of Public Law 104-43 (109 Stat. 384) struck out
``fisheries zone'' throughout this Act, and inserted in lieu thereof
``exclusive economic zone''.
Subsequently, sec. 202(b)(1)(B) of Public Law 105-384 (112 Stat.
3452) provided an identical amendment to subsec. (b) by striking out
``fisheries zone'' and inserting in lieu thereof ``exclusive economic
zone''.
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administration
Sec. 6.\18\ (a) The Secretary is authorized and directed to
administer and enforce all of the provisions of the Convention,
this Act, and regulations issued pursuant thereto, except to
the extent otherwise provided for in this Act. In carrying out
such functions the Secretary is authorized and directed to
adopt such regulations as may be necessary to carry out the
purposes and objectives of the Convention and this Act, and
with the concurrence of the Secretary of State, he may
cooperate with the duly authorized officials of the government
of any party to the Convention. In addition, the secretary may
utilize, with the concurrence of the Secretary of the
department in which the Coast Guard is operating insofar as
such utilization involves enforcement at sea, with or without
reimbursement and by agreement with any other Federal
department or agency, or with any agency of any State, the
personnel, services, and facilities of that agency for
enforcement purposes with respect to any vessel in the
exclusive economic zone,\18\ or wherever found, with respect to
any vessel documented under the laws of the United States, and
any vessel numbered or otherwise licensed under the laws of any
State. When so utilized, such personnel of the States of the
United States are authorized to function as Federal law
enforcement agents for these purposes, but they shall not be
held and considered as employees of the United States for the
purposes of any laws administered by the Director of the Civil
Service Commission.\19\
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\18\ 16 U.S.C. 971d. Sec. 634 of H.R. 5548, as enacted by sec.
1(a)(2) of Public Law 106-553 (114 Stat. 2762), provided the following:
``Sec. 634. None of the funds provided in this or any previous Act,
or hereinafter made available to the Department of Commerce shall be
available to issue or renew, for any fishing vessel, any general or
harpoon category fishing permit for Atlantic bluefin tuna that would
allow the vessel--
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``(1) to use an aircraft to locate, or otherwise assist in fishing for,
catching, or possessing Atlantic bluefin tuna; or
``(2) to fish for, catch, or possessing Atlantic bluefin tuna located by
the use of an aircraft.''.
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\19\ In a transfer of functions pursuant to Reorganization Plan No.
2 of 1978 (43 F.R. 36037; 92 Stat. 3783), effective January 1, 1979, as
provided in Executive Order 12107 (44 F.R. 1055; December 28, 1978),
``Director of the Office of Personnel Management'' has been substituted
for ``Civil Service Commission'' in the U.S. Code.
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(b) Enforcement activities at sea under the provisions of
this Act for fishing vessels subject to the jurisdiction of the
United States shall be primarily the responsibility of the
Secretary of the department in which the Coast Guard is
operating, in cooperation with the Secretary and the United
States Customs Service. The Secretary after consultation with
the Secretary of the department in which the Coast Guard is
operating, shall adopt such regulations as may be necessary to
provide for procedures and methods of enforcement pursuant to
article IX of the Convention.
(c) \20\ (1)(A) \21\ Upon favorable action by the Secretary
of State under section 5(a) of this act on any recommendation
of the Commission made pursuant to article VIII of the
Convention, the Secretary shall promulgate, pursuant to this
subsection, such regulations as may be necessary and
appropriate to carry out such recommendation.
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\20\ Sec. 305(1) of Public Law 104-43 (109 Stat. 385) amended sec.
6(c) by inserting ``and other measures'' in the caption. Sec. 6(c) of
this Act, however, does not have subsection captions, and so this
amendment cannot be executed. In the U.S. Code at 16 U.S.C. 971d(c),
the subsection caption is amended to read ``Regulations and other
measures to carry out Commission recommendations''.
\21\ Sec. 206(a) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4461) added subpara. designation (A),
and added new subparas. (B) and (C).
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(B) \21\ Not later than June 30, 1991, the Secretary shall
promulgate any additional regulations necessary to ensure that
the United States is in full compliance with all
recommendations made by the Commission that have been accepted
by the United States and with other agreements under the
Convention between the United States and any nation which is a
party to the Convention.
(C) \21\ Regulations promulgated under this paragraph
shall, to the extent practicable, be consistent with fishery
management plans prepared and implemented under the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.).\22\
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\22\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
Subsequently, sec. 202(b)(1)(F) of Public Law 105-384 (112 Stat.
3453) struck out ``Magnuson Fishery'' each place it appeared in sec. 6
and inserted in lieu thereof ``Magnuson-Stevens Fishery''.
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(2) To promulgate regulations referred to in paragraph (1)
of this subsection, the Secretary shall publish in the Federal
Register a general notice of proposed rulemaking and shall
afford interested persons an opportunity to participate in the
rulemaking through (A) submission of written data, views, or
arguments, and (B) oral presentation at a public hearing. Such
regulations shall be published in the Federal Register and
shall be accompanied by a statement of the considerations
involved in the issuance of the regulations, and by a
statement, based on inquiries and investigations, assessing the
nature and effectiveness of the measures for the implementation
of the Commission's recommendations which are being or will be
carried out by countries whose vessels engage in fishing the
species subject to such recommendations within the waters to
which the Convention applies. After publication in the Federal
Register, such regulations shall be applicable to all vessels
and persons subject to the jurisdiction of the United States on
such date as the Secretary shall prescribe. The Secretary shall
suspend at any time the application of any such regulation
when, after consultation with the Secretary of State and the
United States Commissioners, he determines that fishing
operations in the Convention area of a contracting party for
whom the regulations are effective are such as to constitute a
serious threat to the achievement of the Commission's
recommendations.
(3) The regulations required to be promulgated under
paragraph (1) of this subsection may--
(A) select for regulation one or more of the species
covered by the Convention;
(B) divide the Convention waters into areas;
(C) establish one or more open or closed seasons as
to each such area;
(D) limit the size of the fish and quantity of the
catch which may be taken from each area within any
season during which fishing is allowed;
(E) limit or prohibit the incidental catch of a
regulated species which may be retained, taken,
possessed, or landed by vessels of persons fishing for
other species of fish;
(F) require records of operations to be kept by any
master or other person in charge of any fishing vessel;
(G) require such clearance certificates for vessels
as may be necessary to carry out the purposes of the
Convention and this Act;
(H) require proof satisfactory to the Secretary that
any fish subject to regulation pursuant to a
recommendation of the Commission offered for entry into
the United States has not been taken or retained
contrary to the recommendations of the Commission made
pursuant to article VIII of the Convention which have
been adopted as regulations pursuant to this section;
\23\
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\23\ Sec. 206(b) of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4461) struck out ``; and'' and inserted
in lieu thereof a semicolon at the end of subpara. (H); struck out
subpara. (I) and inserted a new subpara. (I); and added new subparas.
(J) and (K).
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(I) \23\ require any commercial or recreational
fisherman to obtain a permit from the Secretary and
report the quantity of the catch of a regulated
species;
(J) \23\ require that observers be carried aboard
fishing vessels for the purpose of providing
statistically reliable scientific data; and
(K) \23\ impose such other requirements and provide
for such other measures as the Secretary may determine
necessary to implement any recommendation of the
Convention or to obtain scientific data necessary to
accomplish the purpose of the Convention;
except that no regulation promulgated under this section may
have the effect of increasing or decreasing any allocation or
quota of fish or fishing mortality level \24\ to the United
States agreed to pursuant to a recommendation of the
Commission.
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\24\ Sec. 305(2) of Public Law 104-43 (109 Stat. 385) inserted ``or
fishing mortality level''.
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(4) Upon the promulgation of regulations provided for in
paragraph (3) of this subsection, the Secretary shall
promulgate, with the concurrence of the Secretary of State and
pursuant to the procedures prescribed in paragraph (2) of this
subsection, additional regulations which shall become effective
simultaneously with the application of the regulations provided
for in paragraph (3) of this subsection, which prohibit--
(A) the entry into the United States of fish in any
form of those species which are subject to regulation
pursuant to a recommendation of the Commission and
which were taken from the Convention area in such
manner or in such circumstances as would tend to
diminish the effectiveness of the conservation
recommendations of the Commission; and
(B) the entry into the United States, from any
country when the vessels of such country are being used
in the conduct of fishing operations in the Convention
area in such manner or in such circumstances as would
tend to diminish the effectiveness of the conservation
recommendations of the Commission, of fish in any form
of those species which are subject to regulation
pursuant to a recommendation of the Commission and
which were taken from the Convention area.
(5) In the case of repeated and flagrant fishing operations
in the Convention area by the vessels of any country which
seriously threaten the achievement of the objectives of the
Commission's recommendations, the Secretary, with the
concurrence of the Secretary of State, may by regulations
promulgated pursuant to paragraph (2) of this subsection
prohibit the entry in any form from such country of other
species covered by the Convention as may be under investigation
by the Commission and which were taken in the Convention area.
Any such prohibition shall continue until the Secretary is
satisfied that the condition warranting the prohibition no
longer exists, except that all fish in any form of the species
under regulation which were previously prohibited from entry
shall continue to be prohibited from entry.
(6) \25\ Identification and notification.--
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\25\ Sec. 305(3) of Public Law 104-43 (109 Stat. 385) added new
paras. (6) and (7).
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(A) Not later than July 1, 1996, and annually
thereafter, the Secretary, in consultation with
the Secretary of State, the Commissioners, and
the advisory committee, shall--
(i) identify those nations whose
fishing vessels are fishing, or have
fished during the preceding calendar
year, within the convention area in a
manner or under circumstances that
diminish the effectiveness of a
conservation recommendation;
(ii) notify the President and the
nation so identified, including an
explanation of the reasons therefor;
and
(iii) publish a list of those Nations
identified under clause (i).\26\
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\26\ Sec. 202(b)(1)(C) of Public Law 105-384 (112 Stat. 3452) stuck
out ``subparagraph (A)'', and inserted in lieu thereof ``clause (i)'',
and designated the final sentence of subpara. (A) as subpara. (B).
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(B) \26\ In identifying those Nations, the
Secretary shall consider, based on the best
available information, whether those Nations
have measures in place for reporting,
monitoring, and enforcement, and whether those
measures diminish the effectiveness of any
conservation recommendation.
(7) \25\ Consultation.--Not later than 30 days after
a Nation is notified under paragraph (6), the President
may enter into consultations with the Government of
that Nation for the purpose of obtaining an agreement
that will--
(A) effect the immediate termination and
prevent the resumption of any fishing operation
by vessels of that Nation within the Convention
area which is conducted in a manner or under
circumstances that diminish the effectiveness
of the conservation recommendation;
(B) when practicable, require actions by that
Nation, or vessels of that Nation, to mitigate
the negative impacts of fishing operations on
the effectiveness of the conservation
recommendation involved, including but not
limited to, the imposition of subsequent-year
deductions for quota overages; and
(C) result in the establishment, if
necessary, by such Nation of reporting,
monitoring, and enforcement measures that are
adequate to ensure the effectiveness of
conservation recommendations.
(d) \27\ (1) It is the sense of the Congress that the
Secretary, in consultation with the Secretary of State, should
seek support for a recommendation by the Commission to ban
large-scale driftnet fishing (as that term is defined in
section 3(16) of the Magnuson-Stevens Fishery Conservation and
Management Act) \22\ in the Convention area.
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\27\ Sec. 207 of the Fishery Conservation Amendments of 1990
(Public Law 101-627; 104 Stat. 4461) amended and restated subsec. (d).
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(2) The Secretary, in consultation with the Secretary of
State, shall request the Commission to adopt recommendations
necessary for the conservation and management of Atlantic
swordfish. In making the request, the Secretary shall seek the
establishment of an international minimum harvest size and a
reduction in harvest levels to the extent necessary to conserve
the stock. Until the Commission adopts all the conservation and
management measures requested by the Secretary, the Secretary,
within 3 months after each annual meeting of the Commission,
shall notify Congress as to the nature and results of his
request. These notifications shall identify those nations not
acting to conserve and manage Atlantic swordfish, and recommend
measures which could be taken to achieve effective
international conservation and management of the stock.
violations; fines and forfeitures; application of related laws
Sec. 7.\28\ (a) It shall be unlawful--
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\28\ 16 U.S.C. 971e.
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(1) for any person in charge of a fishing vessel or
any fishing vessel subject to the jurisdiction of the
United States to engage in fishing in violation of any
regulation adopted pursuant to section 6 of this Act;
or
(2) for any person subject to the jurisdiction of the
United States to ship, transport, purchase, sell, offer
for sale, import, export, or have in custody,
possession, or control any fish which he knows, or
should have known, were taken or retained contrary to
the recommendations of the Commission made pursuant to
article VIII of the Convention and adopted as
regulations pursuant to section 6 of this Act, without
regard to the citizenship of the person or vessel which
took the fish.
(b) It shall be unlawful for the master or any person in
charge of any fishing vessel subject to the jurisdiction of the
United States to fail to make, keep, or furnish any catch
returns, statistical records, or other reports as are required
by regulations adopted pursuant to this Act to be made, kept,
or furnished by such master or person.
(c) It shall be unlawful for the master or any person in
charge of any fishing vessel subject to the jurisdiction of the
United States to refuse to permit any person authorized to
enforce the provisions of this Act and any regulations adopted
pursuant thereto, to board such vessel and inspect its catch,
equipment, books, documents, records, or other articles or
question the persons onboard in accordance with the provisions
of this Act, or the Convention, as the case may be, or to
obstruct such officials in the execution of such duties.
(d) It shall be unlawful for any person to import, in
violation of any regulation adopted pursuant to section 6 (c)
or (d) of this Act, from any country, any fish in any form of
those species subject to regulation pursuant to a
recommendation of the Commission, or any fish in any form not
under regulation but under investigation by the Commission,
during the period such fish have been denied entry in
accordance with the provisions of section 6 (c) or (d) of this
Act. In the case of any fish as described in this subsection
offered for entry in the United States, the Secretary shall
require proof satisfactory to him that such fish is not
ineligible for such entry under the terms of section 6 (c) or
(d) of this Act.
(e) \29\ The civil penalty and permit sanctions of section
308 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1858) \30\ are hereby made applicable to
violations of this section as if they were violations of
section 307 of that Act.
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\29\ Sec. 306 of Public Law 104-43 (109 Stat. 385) amended and
restated subsec. (e).
\30\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
Subsequently, sec. 202(b)(1)(F) of Public Law 105-384 (112 Stat.
3453) struck out ``Magnuson Fishery'' and inserted in lieu thereof
``Magnuson-Stevens Fishery''.
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(f) All fish taken or retained in violation of subsection
(a) of this section, or the monetary value thereof, may be
forfeited.
(g) All provisions of law relating to the seizure, judicial
forfeiture, and condemnation of a cargo for violation of the
customs laws, the disposition of such cargo or the proceeds
from the sale thereof, and the remission or mitigation of such
forfeitures shall apply to seizures and forfeitures incurred,
or alleged to have been incurred, under the provisions of this
Act, insofar as such provisions of law are applicable and not
inconsistent with the provisions of this Act.
enforcement
Sec. 8.\31\ (a) Any person authorized in accordance with
the provisions of this Act to enforce a provision of this Act
and the regulations issued thereunder may--
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\31\ 16 U.S.C. 971f.
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(1) with or without a warrant, board any vessel
subject to the jurisdiction of the United States and
inspect such vessel and its catch, if as a result of
such inspection, he has reasonable cause to believe
that such vessel or any person on board is engaging in
operations in violation of this Act or any regulations
issued thereunder, he may, with or without a warrant or
other process, arrest such person;
(2) arrest, with or without a warrant, any person who
violates the provisions of this Act or any regulation
issued thereunder in his presence or view;
(3) execute any warrant or other process issued by an
officer or court of competent jurisdiction; and
(4) seize, whenever and wherever lawfully found, all
fish taken or retained by a vessel subject to the
jurisdiction of the United States in violation of the
provisions of this Act or any regulations issued
pursuant thereto. Any fish so seized may be disposed of
pursuant to an order of a court of competent
jurisdiction, or, if perishable, in a manner prescribed
by regulation of the Secretary.
(b) To the extent authorized under the convention or by
agreements between the United States and any contracting party
concluded pursuant to section 5(b) of this Act for
international enforcement, the duly authorized officials of
such party shall have the authority to carry out the
enforcement activities specified in section 8(a) of this Act
with respect to persons or vessels subject to the jurisdiction
of the United States, and the officials of the United States
authorized pursuant to this section shall have the authority to
carry out the enforcement activities specified in section 8(a)
of this Act with respect to persons or vessels subject to the
jurisdiction of such party, except that where any agreement
provides for arrest or seizure of persons or vessels under
United States jurisdiction it shall also provide that the
person or vessel arrested or seized shall be promptly handed
over to a United States enforcement officer or another
authorized United States official.
(c) Notwithstanding the provisions of section 2464 of title
28, United States Code, when a warrant of arrest or other
process in rem is issued in any cause under this section, the
marshall or other officer shall stay the execution of such
process, or discharge any fish seized if the process has been
levied, on receiving from the claimant of the fish a bond or
stipulation for the value of the property with sufficient
surety to be approved by a judge of the district court having
jurisdiction of the offense, conditioned to deliver the fish
seized, if condemned, without impairment in value or, in the
discretion of the court, to pay its equivalent value in money
or otherwise to answer the decree of the court in such cause.
Such bond or stipulation shall be returned to the court and
judgment thereon against both the principal and sureties may be
recovered in event of any breach of the conditions thereof as
determined by the court. In the discretion of the accused, and
subject to the direction of the court, the fish may be sold for
not less than its reasonable market value at the time of
seizure and the proceeds of such sale placed in the registry of
the court pending judgment in the case.
cooperation: commission's functions not restrained by this act or state
laws
Sec. 9.\32\ (a) The United States Commissioners, through
the Secretary of State and with the concurrence of the agency,
institution, or organization concerned, may arrange for the
cooperation of agencies of the United States Government, and of
State and private institutions and organizations in carrying
out the provisions of article IV of the Convention.
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\32\ 16 U.S.C. 971g.
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(b) All agencies of the Federal Government are authorized,
upon the request of the Commission, to cooperate in the conduct
of scientific and other programs, and to furnish facilities and
personnel for the purpose of assisting the Commission in
carrying out its duties under the Convention.
(c) None of the prohibitions deriving from this Act, or
contained in the laws or regulations of any State, shall
prevent the Commission from conducting or authorizing the
conduct of fishing operations and biological experiments at any
time for purposes of scientific investigation, or shall prevent
the Commission from discharging any other duties prescribed by
the Convention.
(d)(1) Except as provided in paragraph (2) of this
subsection, nothing in this Act shall be construed so as to
diminish or to increase the jurisdiction of any State in the
territorial sea of the United States.
(2) In the event a State does not request a formal hearing
and after notice by the Secretary, the regulations promulgated
pursuant to this Act to implement recommendations of the
Commission shall apply within the boundaries of any State
bordering on any Convention area if the Secretary determines
that any such State--
(A) has not, within a reasonable period of time after
the promulgation of regulations pursuant to this Act,
enacted laws or promulgated regulations which implement
any such recommendation of the Commission within the
boundaries of such State; or
(B) has enacted laws or promulgated regulations which
(i) are less restrictive than the regulations
promulgated pursuant to this Act, or (ii) are not
effectively enforced.
If a State requests the opportunity for an agency hearing on
the record, the Secretary shall not apply regulations
promulgated pursuant to this act within that State's boundaries
unless the hearing record supports a determination under
paragraph (A) or (B). Such regulations shall apply until the
Secretary determines that the State is effectively enforcing
within its boundaries measures which are not less restrictive
than such regulations.
(e) To insure that the purposes of subsection (d) are
carried out, the Secretary shall undertake a continuing review
of the laws and regulations of all States to which subsection
(d) applies or may apply and the extent to which such laws and
regulations are enforced.
authorization of appropriations
Sec. 10.\33\ (a) In General.--There are authorized to be
appropriated to carry out this Act, including use for payment
of the United States share of the joint expenses of the
Commission as provided in Article X of the Convention, the
following sums:
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\33\ 16 U.S.C. 971h. Sec. 304 of the Fisheries Conservation Act of
2002 (title III of Public Law 107-372; 116 Stat. 3096) amended and
restated sec. 10. Previously, Public Law 95-33 (91 Stat. 173) extended
the authorization through fiscal year 1980. Sec. 1(2) of Public Law 96-
339 (94 Stat. 1069) further extended the authorization of
appropriations through fiscal year 1983. Sec. 101 of Public Law 98-44
(97 Stat. 216) extended the authorization of appropriations through
fiscal year 1986. Sec. 404 of Public Law 99-659 (100 Stat. 3737)
extended the authorization through fiscal year 1989. Sec. 208 of the
Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat.
4462) further amended and restated sec. 10, extending the authorization
of appropriations through fiscal year 1993. Sec. 307 of the Atlantic
Tunas Convention Authorization Act of 1995 (Public Law 104-43; 109
Stat. 386) further amended and restated sec. 10, extending the
authorization of appropriations through fiscal year 1998. Sec. 202(a)
of Public Law 105-384 (112 Stat. 3452) further extended the
authorization of appropriations through fiscal year 2001.
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(1) For each of fiscal years 2003 and 2004,
$5,480,000.
(2) For each of fiscal years 2005 and 2006,
$5,495,000.
(b) Allocation.--Of amounts available under this section
for each fiscal year--
(1) $150,000 are authorized for the advisory
committee established under section 4 and the species
working groups established under section 4A; and
(2) $4,240,000 are authorized for research activities
under this Act and the Act of September 4, 1980 (16
U.S.C. 971i).
annual report
Sec. 11.\34\ Not later than April 1, 1996, and annually
thereafter, the Secretary shall prepare and transmit to the
Committee on Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report, that--
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\34\ Sec. 308 of Public Law 104-43 (109 Stat. 386) added this
second sec. 11, and a new sec. 12. Subsequently, sec. 202(b)(1)(E) of
Public Law 105-384 (112 Stat. 3453) amended the style of the heading
and designation for secs. 11 and 12 so as to conform to the style of
the headings and designations of the other sections in the Act. Sec.
202(b)(1)(D) of Public Law 105-384 (112 Stat. 3452) further
redesignated the first sec. 11 as sec. 13.
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(1) details for the previous 10-year period the
catches and exports to the United States of highly
migratory species (including tunas, swordfish, marlin
and sharks) from Nations fishing on Atlantic stocks of
such species that are subject to management by the
Commission;
(2) identifies those fishing Nations whose harvests
are inconsistent with conservation and management
recommendations of the Commission;
(3) describes reporting requirements established by
the Secretary to ensure that imported fish products are
in compliance with all international management
measures, including minimum size requirements,
established by the Commission and other international
fishery organizations to which the United States is a
party; and
(4) describes actions taken by the Secretary under
section 6.
savings clause
Sec. 12.\34\ Nothing in this Act shall have the effect of
diminishing the rights and obligations of any Nation under
Article VIII(3) of the Convention.
separability
Sec. 13.\35\ If any provision of this Act or the
application of such provision to any circumstance or persons
shall be held invalid, the validity of the remainder of the Act
and the applicability of such provision to other circumstances
or persons shall not be affected thereby.
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\35\ 16 U.S.C. 971 note. Sec. 202(b)(1)(D) of Public Law 105-384
(112 Stat. 3452) redesignated the first sec. 11 as sec. 13.
4. Fisheries Act of 1995
Partial text of Public Law 104-43 [H.R. 716], 109 Stat. 366, approved
November 3, 1995; as amended by Public Law 104-208 [Department of
Commerce and Related Agencies Appropriations Act; title II of sec.
101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009,
approved September 30, 1996; Public Law 104-297 [Sustainable Fisheries
Act; S. 39], 110 Stat. 3559, approved October 11, 1996; Public Law 105-
384 [H.R. 3461], 112 Stat. 3451, approved November 13, 1998; Public Law
106-562 [H.R. 1653], 114 Stat. 2794, approved December 23, 2000; and
Public Law 107-372 [Hydrographic Services Improvement Act Amendments of
2002; H.R. 4883], 116 Stat. 3077, approved December 19, 2002
AN ACT To amend the Fishermen's Protective Act.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Fisheries Act of 1995''.
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\1\ 16 U.S.C. 5501 note.
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SEC. 2. TABLE OF CONTENTS. * * *
TITLE I--HIGH SEAS FISHING COMPLIANCE
SEC. 101.\1\ SHORT TITLE.
This title may be cited as the ``High Seas Fishing
Compliance Act of 1995''.
SEC. 102.\2\ PURPOSE.
It is the purpose of this Act--
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\2\ 16 U.S.C. 5501.
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(1) to implement the Agreement to Promote Compliance
with International Conservation and Management Measures
by Fishing Vessels on the High Seas, adopted by the
Conference of the Food and Agriculture Organization of
the United Nations on November 24, 1993; and
(2) to establish a system of permitting, reporting,
and regulation for vessels of the United States fishing
on the high seas.
SEC. 103.\3\ DEFINITIONS.
As used in this Act--
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\3\ 16 U.S.C. 5502.
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(1) The term ``Agreement'' means the Agreement to
Promote Compliance with International Conservation and
Management Measures by Fishing Vessels on the High
Seas, adopted by the Conference of the Food and
Agriculture Organization of the United Nations on
November 24, 1993.
(2) The term ``FAO'' means the Food and Agriculture
Organization of the United Nations.
(3) The term ``high seas'' means the waters beyond
the territorial sea or exclusive economic zone (or the
equivalent) of any nation, to the extent that such
territorial sea or exclusive economic zone (or the
equivalent) is recognized by the United States.
(4) The term ``high seas fishing vessel'' means any
vessel of the United States or subject to the
jurisdiction of the United States \4\ used or intended
for use--
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\4\ Sec. 305 of Public Law 106-562 (114 Stat. 2807) inserted ``or
subject to the jurisdiction of the United States''.
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(A) on the high seas;
(B) for the purpose of the commercial
exploitation of living marine resources; and
(C) as a harvesting vessel, as a mother ship,
or as any other support vessel directly engaged
in a fishing operation.
(5) The term ``international conservation and
management measures'' means measures to conserve or
manage one or more species of living marine resources
that are adopted and applied in accordance with the
relevant rules of international law, as reflected in
the 1982 United Nations Convention on the Law of the
Sea, and that are recognized by the United States. Such
measures may be adopted by global, regional, or sub-
regional fisheries organizations, subject to the rights
and obligations of their members, or by treaties or
other international agreements.
(6) The term ``length'' means--
(A) for any high seas fishing vessel built
after July 18, 1982, 96 percent of the total
length on a waterline at 85 percent of the
least molded depth measured from the top of the
keel, or the length from the foreside of the
stem to the axis of the rudder stock on that
waterline, if that is greater, except that in
ships designed with a rake of keel the
waterline on which this length is measured
shall be parallel to the designed waterline;
and
(B) for any high seas fishing vessel built
before July 18, 1982, registered length as
entered on the vessel's documentation.
(7) The term ``person'' means any individual (whether
or not a citizen or national of the United States), any
corporation, partnership, association, or other entity
(whether or not organized or existing under the laws of
any State), and any Federal, State, local, or foreign
government or any entity of any such government.
(8) The term ``Secretary'' means the Secretary of
Commerce.
(9) The term ``vessel of the United States'' means--
(A) a vessel documented under chapter 121 of
title 46, United States Code, or numbered in
accordance with chapter 123 of title 46, United
States Code;
(B) a vessel owned in whole or part by--
(i) the United States or a territory,
commonwealth, or possession of the
United States;
(ii) a State or political subdivision
thereof;
(iii) a citizen or national of the
United States; or
(iv) a corporation created under the
laws of the United States or any State,
the District of Columbia, or any
territory, commonwealth, or possession
of the United States; unless the vessel
has been granted the nationality of a
foreign nation in accordance with
article 92 of the 1982 United Nations
Convention on the Law of the Sea and a
claim of nationality or registry for
the vessel is made by the master or
individual in charge at the time of the
enforcement action by an officer or
employee of the United States
authorized to enforce applicable
provisions of the United States law;
and
(C) a vessel that was once documented under
the laws of the United States and, in violation
of the laws of the United States, was either
sold to a person not a citizen of the United
States or placed under foreign registry or a
foreign flag, whether or not the vessel has
been granted the nationality of a foreign
nation.
(10) The terms ``vessel subject to the jurisdiction
of the United States'' and ``vessel without
nationality'' have the same meaning as in section 3(c)
of the Maritime Drug Law Enforcement Act (46 U.S.C.
1903(c)).
SEC. 104.\5\ PERMITTING.
(a) In General.--No high seas fishing vessel shall engage
in harvesting operations on the high seas unless the vessel has
on board a valid permit issued under this section.
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\5\ 16 U.S.C. 5503.
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(b) Eligibility.--
(1) Any vessel of the United States is eligible to
receive a permit under this section, unless the vessel
was previously authorized to be used for fishing on the
high seas by a foreign nation, and
(A) the foreign nation suspended such
authorization because the vessel undermined the
effectiveness of international conservation and
management measures, and the suspension has not
expired; or
(B) the foreign nation, within the last three
years preceding application for a permit under
this section, withdrew such authorization
because the vessel undermined the effectiveness
of international conservation and management
measures.
(2) The restriction in paragraph (1) does not apply
if ownership of the vessel has changed since the vessel
undermined the effectiveness of international
conservation and management measures, and the new owner
has provided sufficient evidence to the Secretary
demonstrating that the previous owner or operator has
no further legal, beneficial or financial interest in,
or control of, the vessel.
(3) The restriction in paragraph (1) does not apply
if the Secretary makes a determination that issuing a
permit would not subvert the purposes of the Agreement.
(4) The Secretary may not issue a permit to a vessel
unless the Secretary is satisfied that the United
States will be able to exercise effectively its
responsibilities under the Agreement with respect to
that vessel.
(c) Application.--
(1) The owner or operator of a high seas fishing
vessel may apply for a permit under this section by
completing an application form prescribed by the
Secretary.
(2) The application form shall contain--
(A) the vessel's name, previous names (if
known), official numbers, and port of record;
(B) the vessel's previous flags (if any);
(C) the vessel's International Radio Call
Sign (if any);
(D) the names and addresses of the vessel's
owners and operators;
(E) where and when the vessel was built;
(F) the type of vessel;
(G) the vessel's length; and
(H) any other information the Secretary
requires for the purposes of implementing the
Agreement.
(d) Conditions.--The Secretary shall establish such
conditions and restrictions on each permit issued under this
section as are necessary and appropriate to carry out the
obligations of the United States under the Agreement, including
but not limited to the following:
(1) The vessel shall be marked in accordance with the
FAO Standard Specifications for the Marking and
Identification of Fishing Vessels, or with regulations
issued under section 305 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1855); \6\ and
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\6\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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(2) The permit holder shall report such information
as the Secretary by regulation requires, including area
of fishing operations and catch statistics. The
Secretary shall promulgate regulations concerning
conditions under which information submitted under this
paragraph may be released.
(e) Fees.--
(1) The Secretary shall by regulation establish the
level of fees to be charged for permits issued under
this section. The amount of any fee charged for a
permit issued under this section shall not exceed the
administrative costs incurred in issuing such permits.
The permitting fee may be in addition to any fee
required under any regional permitting regime
applicable to high seas fishing vessels.
(2) The fees authorized by paragraph (1) shall be
collected and credited to the Operations, Research and
Facilities account of the National Oceanic and
Atmospheric Administration. Fees collected under this
subsection shall be available for the necessary
expenses of the National Oceanic and Atmospheric
Administration in implementing this Act, and shall
remain available until expended.
(f) Duration.--A permit issued under this section is valid
for 5 years. A permit issued under this section is void in the
event the vessel is no longer eligible for United States
documentation, such documentation is revoked or denied, or the
vessel is deleted from such documentation.
SEC. 105.\7\ RESPONSIBILITIES OF THE SECRETARY.
(a) Record.--The Secretary shall maintain an automated file
or record of high seas fishing vessels issued permits under
section 104, including all information submitted under section
104(c)(2).
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\7\ 16 U.S.C. 5504.
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(b) Information to FAO.--The Secretary, in cooperation with
the Secretary of State and the Secretary of the department in
which the Coast Guard is operating, shall--
(1) make available to FAO information contained in
the record maintained under subsection (a);
(2) promptly notify FAO of changes in such
information;
(3) promptly notify FAO of additions to or deletions
from the record, and the reason for any deletion;
(4) convey to FAO information relating to any permit
granted under section 104(b)(3), including the vessel's
identity, owner or operator, and factors relevant to
the Secretary's determination to issue the permit;
(5) report promptly to FAO all relevant information
regarding any activities of high seas fishing vessels
that undermine the effectiveness of international
conservation and management measures, including the
identity of the vessels and any sanctions imposed; and
(6) provide the FAO a summary of evidence regarding
any activities of foreign vessels that undermine the
effectiveness of international conservation and
management measures.
(c) Information to Flag Nations.--If the Secretary, in
cooperation with the Secretary of State and the Secretary of
the department in which the Coast Guard is operating, has
reasonable grounds to believe that a foreign vessel has engaged
in activities undermining the effectiveness of international
conservation and management measures, the Secretary shall--
(1) provide to the flag nation information, including
appropriate evidentiary material, relating to those
activities; and
(2) when such foreign vessel is voluntarily in a
United States port, promptly notify the flag nation
and, if requested by the flag nation, make arrangements
to undertake such lawful investigatory measures as may
be considered necessary to establish whether the vessel
has been used contrary to the provisions of the
Agreement.
(d) Regulations.--The Secretary, after consultation with
the Secretary of State and the Secretary of the department in
which the Coast Guard is operating, may promulgate such
regulations, in accordance with section 553 of title 5, United
States Code, as may be necessary to carry out the purposes of
the Agreement and this title. The Secretary shall coordinate
such regulations with any other entities regulating high seas
fishing vessels, in order to minimize duplication of permit
application and reporting requirements. To the extent
practicable, such regulations shall also be consistent with
regulations implementing fishery management plans under the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).\6\
(e) Notice of International Conservation and Management
Measures.--The Secretary, in consultation with the Secretary of
State, shall publish in the Federal Register, from time to
time, a notice listing international conservation and
management measures recognized by the United States.
SEC. 106.\8\ UNLAWFUL ACTIVITIES.
It is unlawful for any person subject to the jurisdiction
of the United States--
---------------------------------------------------------------------------
\8\ 16 U.S.C. 5505.
---------------------------------------------------------------------------
(1) to use a high seas fishing vessel on the high
seas in contravention of international conservation and
management measures described in section 105(e);
(2) to use a high seas fishing vessel on the high
seas, unless the vessel has on board a valid permit
issued under section 104;
(3) to use a high seas fishing vessel in violation of
the conditions or restrictions of a permit issued under
section 104;
(4) to falsify any information required to be
reported, communicated, or recorded pursuant to this
title or any regulation issued under this title, or to
fail to submit in a timely fashion any required
information, or to fail to report to the Secretary
immediately any change in circumstances that has the
effect of rendering any such information false,
incomplete, or misleading;
(5) to refuse to permit an authorized officer to
board a high seas fishing vessel subject to such
person's control for purposes of conducting any search
or inspection in connection with the enforcement of
this title or any regulation issued under this title;
(6) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with an authorized officer in
the conduct of any search or inspection described in
paragraph (5);
(7) to resist a lawful arrest or detention for any
act prohibited by this section;
(8) to interfere with, delay, or prevent, by any
means, the apprehension, arrest, or detection of
another person, knowing that such person has committed
any act prohibited by this section;
(9) to ship, transport, offer for sale, sell,
purchase, import, export, or have custody, control, or
possession of, any living marine resource taken or
retained in violation of this title or any regulation
or permit issued under this title; or
(10) to violate any provision of this title or any
regulation or permit issued under this title.
SEC. 107.\9\ ENFORCEMENT PROVISIONS.
(a) Duties of Secretaries.--This title shall be enforced by
the Secretary of Commerce and the Secretary of the department
in which the Coast Guard is operating. Such Secretaries may by
agreement utilize, on a reimbursable basis or otherwise, the
personnel, services, equipment (including aircraft and
vessels), and facilities of any other Federal agency, or of any
State agency, in the performance of such duties. Such
Secretaries shall, and the head of any Federal or State agency
that has entered into an agreement with either such Secretary
under this section may (if the agreement so provides),
authorize officers to enforce the provisions of this title or
any regulation or permit issued under this title.
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\9\ 16 U.S.C. 5506.
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(b) District Court Jurisdiction.--The district courts of
the United States shall have exclusive jurisdiction over any
case or controversy arising under the provisions of this title.
In the case of Guam, and any Commonwealth, territory, or
possession of the United States in the Pacific Ocean, the
appropriate court is the United States District Court for the
District of Guam, except that in the case of American Samoa,
the appropriate court is the United States District Court for
the District of Hawaii.
(c) Powers of Enforcement Officers.--
(1) Any officer who is authorized under subsection
(a) to enforce the provisions of this title may--
(A) with or without a warrant or other
process--
(i) arrest any person, if the officer
has reasonable cause to believe that
such person has committed an act
prohibited by paragraph (6), (7), (8),
or (9) of section 106;
(ii) board, and search or inspect,
any high seas fishing vessel;
(iii) seize any high seas fishing
vessel (together with its fishing gear,
furniture, appurtenances, stores, and
cargo) used or employed in, or with
respect to which it reasonably appears
that such vessel was used or employed
in, the violation of any provision of
this title or any regulation or permit
issued under this title;
(iv) seize any living marine resource
(wherever found) taken or retained, in
any manner, in connection with or as a
result of the commission of any act
prohibited by section 106;
(v) seize any other evidence related
to any violation of any provision of
this title or any regulation or permit
issued under this title;
(B) execute any warrant or other process
issued by any court of competent jurisdiction;
and
(C) exercise any other lawful authority.
(2) Subject to the direction of the Secretary, a
person charged with law enforcement responsibilities by
the Secretary who is performing a duty related to
enforcement of a law regarding fisheries or other
marine resources may make an arrest without a warrant
for an offense against the United States committed in
his presence, or for a felony cognizable under the laws
of the United States, if he has reasonable grounds to
believe that the person to be arrested has committed or
is committing a felony.
(d) Issuance of Citations.--If any authorized officer finds
that a high seas fishing vessel is operating or has been
operated in violation of any provision of this title, such
officer may issue a citation to the owner or operator of such
vessel in lieu of proceeding under subsection (c). If a permit
has been issued pursuant to this title for such vessel, such
officer shall note the issuance of any citation under this
subsection, including the date thereof and the reason therefor,
on the permit. The Secretary shall maintain a record of all
citations issued pursuant to this subsection.
(e) Liability for Costs.--Any person assessed a civil
penalty for, or convicted of, any violation of this Act shall
be liable for the cost incurred in storage, care, and
maintenance of any living marine resource or other property
seized in connection with the violation.
SEC. 108.\10\ CIVIL PENALTIES AND PERMIT SANCTIONS.
(a) Civil Penalties.--
(1) Any person who is found by the Secretary, after
notice and opportunity for a hearing in accordance with
section 554 of title 5, United States Code, to have
committed an act prohibited by section 106 shall be
liable to the United States for a civil penalty. The
amount of the civil penalty shall not exceed $100,000
for each violation. Each day of a continuing violation
shall constitute a separate offense. The amount of such
civil penalty shall be assessed by the Secretary by
written notice. In determining the amount of such
penalty, the Secretary shall take into account the
nature, circumstances, extent, and gravity of the
prohibited acts committed and, with respect to the
violation, the degree of culpability, any history of
prior offenses, and such other matters as justice may
require.
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\10\ 16 U.S.C. 5507.
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(2) The Secretary may compromise, modify, or remit,
with or without conditions, any civil penalty that is
subject to imposition or that has been imposed under
this section.
(b) Permit Sanctions.--
(1) In any case in which--
(A) a vessel of the United States has been
used in the commission of an act prohibited
under section 106;
(B) the owner or operator of a vessel or any
other person who has been issued or has applied
for a permit under section 104 has acted in
violation of section 106; or
(C) any amount in settlement of a civil
forfeiture imposed on a high seas fishing
vessel or other property, or any civil penalty
or criminal fine imposed on a high seas fishing
vessel or on an owner or operator of such a
vessel or on any other person who has been
issued or has applied for a permit under any
fishery resource statute enforced by the
Secretary, has not been paid and is overdue,
the Secretary may--
(i) revoke any permit issued to or
applied for by such vessel or person
under this title, with or without
prejudice to the issuance of subsequent
permits;
(ii) suspend such permit for a period
of time considered by the Secretary to
be appropriate;
(iii) deny such permit; or
(iv) impose additional conditions and
restrictions on such permit.
(2) In imposing a sanction under this subsection, the
Secretary shall take into account--
(A) the nature, circumstances, extent, and
gravity of the prohibited acts for which the
sanction is imposed; and
(B) with respect to the violator, the degree
of culpability, any history of prior offenses,
and such other matters as justice may require.
(3) Transfer of ownership of a high seas fishing
vessel, by sale or otherwise, shall not extinguish any
permit sanction that is in effect or is pending at the
time of transfer of ownership. Before executing the
transfer of ownership of a vessel, by sale or
otherwise, the owner shall disclose in writing to the
prospective transferee the existence of any permit
sanction that will be in effect or pending with respect
to the vessel at the time of the transfer. The
Secretary may waive or compromise a sanction in the
case of a transfer pursuant to court order.
(4) In the case of any permit that is suspended under
this subsection for nonpayment of a civil penalty or
criminal fine, the Secretary shall reinstate the permit
upon payment of the penalty or fine and interest
thereon at the prevailing rate.
(5) No sanctions shall be imposed under this
subsection unless there has been prior opportunity for
a hearing on the facts underlying the violation for
which the sanction is imposed, either in conjunction
with a civil penalty proceeding under this section or
otherwise.
(c) Hearing.--For the purposes of conducting any hearing
under this section, the Secretary may issue subpoenas for the
attendance and testimony of witnesses and the production of
relevant papers, books, and documents, and may administer
oaths. Witnesses summoned shall be paid the same fees and
mileage that are paid to witnesses in the courts of the United
States. In case of contempt or refusal to obey a subpoena
served upon any person pursuant to this subsection, the
district court of the United States for any district in which
such person is found, resides, or transacts business, upon
application by the United States and after notice to such
person, shall have jurisdiction to issue an order requiring
such person to appear and give testimony before the Secretary
or to appear and produce documents before the Secretary, or
both, and any failure to obey such order of the court may be
punished by such court as a contempt thereof.
(d) Judicial Review.--Any person against whom a civil
penalty is assessed under subsection (a) or against whose
vessel a permit sanction is imposed under subsection (b) (other
than a permit suspension for nonpayment of penalty or fine) may
obtain review thereof in the United States district court for
the appropriate district by filing a complaint against the
Secretary in such court within 30 days from the date of such
penalty or sanction. The Secretary shall promptly file in such
court a certified copy of the record upon which such penalty or
sanction was imposed, as provided in section 2112 of title 28,
United States Code. The findings and order of the Secretary
shall be set aside by such court if they are not found to be
supported by substantial evidence, as provided in section
706(2) of title 5, United States Code.
(e) Collection.--
(1) If any person fails to pay an assessment of a
civil penalty after it has become a final and
unappealable order, or after the appropriate court has
entered final judgment in favor of the Secretary, the
matter shall be referred to the Attorney General, who
shall recover the amount assessed in any appropriate
district court of the United States. In such action the
validity and appropriateness of the final order
imposing the civil penalty shall not be subject to
review.
(2) A high seas fishing vessel (including its fishing
gear, furniture, appurtenances, stores, and cargo) used
in the commission of an act prohibited by section 106
shall be liable in rem for any civil penalty assessed
for such violation under subsection (a) and may be
proceeded against in any district court of the United
States having jurisdiction thereof. Such penalty shall
constitute a maritime lien on such vessel that may be
recovered in an action in rem in the district court of
the United States having jurisdiction over the vessel.
SEC. 109.\11\ CRIMINAL OFFENSES.
(a) Offenses.--A person is guilty of an offense if the
person commits any act prohibited by paragraph (6), (7), (8),
or (9) of section 106.
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\11\ 16 U.S.C. 5508.
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(b) Punishment.--Any offense described in subsection (a) is
a class A misdemeanor punishable by a fine under title 18,
United States Code, or imprisonment for not more than one year,
or both; except that if in the commission of any offense the
person uses a dangerous weapon, engages in conduct that causes
bodily injury to any authorized officer, or places any such
officer in fear of imminent bodily injury, the offense is a
felony punishable by a fine under title 18, United States Code,
or imprisonment for not more than 10 years, or both.
SEC. 110.\12\ FORFEITURES.
(a) In General.--Any high seas fishing vessel (including
its fishing gear, furniture, appurtenances, stores, and cargo)
used, and any living marine resources (or the fair market value
thereof) taken or retained, in any manner, in connection with
or as a result of the commission of any act prohibited by
section 106 (other than an act for which the issuance of a
citation under section 107 is a sufficient sanction) shall be
subject to forfeiture to the United States. All or part of such
vessel may, and all such living marine resources (or the fair
market value thereof) shall, be forfeited to the United States
pursuant to a civil proceeding under this section.
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\12\ 16 U.S.C. 5509.
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(b) Jurisdiction of District Courts.--Any district court of
the United States shall have jurisdiction, upon application of
the Attorney General on behalf of the United States, to order
any forfeiture authorized under subsection (a) and any action
provided for under subsection (d).
(c) Judgment.--If a judgment is entered for the United
States in a civil forfeiture proceeding under this section, the
Attorney General may seize any property or other interest
declared forfeited to the United States, which has not
previously been seized pursuant to this title or for which
security has not previously been obtained. The provisions of
the customs laws relating to--
(1) the seizure, forfeiture, and condemnation of
property for violation of the customs law;
(2) the disposition of such property or the proceeds
from the sale thereof; and
(3) the remission or mitigation of any such
forfeiture;
shall apply to seizures and forfeitures incurred, or alleged to
have been incurred, under the provisions of this title, unless
such provisions are inconsistent with the purposes, policy, and
provisions of this title.
(d) Procedure.--
(1) Any officer authorized to serve any process in
rem that is issued by a court under section 107(b)
shall--
(A) stay the execution of such process; or
(B) discharge any living marine resources
seized pursuant to such process;
upon receipt of a satisfactory bond or other security
from any person claiming such property. Such bond or
other security shall be conditioned upon such person
delivering such property to the appropriate court upon
order thereof, without any impairment of its value, or
paying the monetary value of such property pursuant to
an order of such court. Judgment shall be recoverable
on such bond or other security against both the
principal and any sureties in the event that any
condition thereof is breached, as determined by such
court.
(2) Any living marine resources seized pursuant to
this title may be sold, subject to the approval of the
appropriate court, for not less than the fair market
value thereof. The proceeds of any such sale shall be
deposited with such court pending the disposition of
the matter involved.
(e) Rebuttable Presumption.--For purposes of this section,
all living marine resources found on board a high seas fishing
vessel and which are seized in connection with an act
prohibited by section 106 are presumed to have been taken or
retained in violation of this title, but the presumption can be
rebutted by an appropriate showing of evidence to the contrary.
SEC. 111.\13\ EFFECTIVE DATE.
This title shall take effect 120 days after the date of
enactment of this Act.
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\13\ 16 U.S.C. 5501 note.
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TITLE II--IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL
COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES
SEC. 201.\14\ SHORT TITLE.
This title may be cited as the ``Northwest Atlantic
Fisheries Convention Act of 1995''.
---------------------------------------------------------------------------
\14\ 16 U.S.C. 5601 note.
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SEC. 202.\15\ REPRESENTATION OF UNITED STATES UNDER CONVENTION.
(a) Commissioners.--
(1) Appointments, generally.--The Secretary shall
appoint not more than 3 individuals to serve as the
representatives of the United States on the General
Council and the Fisheries Commission, who shall each--
---------------------------------------------------------------------------
\15\ 16 U.S.C. 5601.
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(A) be known as a ``United States
Commissioner to the Northwest Atlantic
Fisheries Organization''; and
(B) serve at the pleasure of the Secretary.
(2) Requirements for appointments.--
(A) The Secretary shall ensure that of the
individuals serving as Commissioners--
(i) at least 1 is appointed from
among representatives of the commercial
fishing industry;
(ii) 1 (but no more than 1) is an
official of the Government; and
(iii) 1, other than the individual
appointed under clause (ii), is a
voting member of the New England
Fishery Management Council.
(B) The Secretary may not appoint as a
Commissioner an individual unless the
individual is knowledgeable and experienced
concerning the fishery resources to which the
Convention applies.
(3) Terms.--
(A) The term of an individual appointed as a
Commissioner--
(i) shall be specified by the
Secretary at the time of appointment;
and
(ii) may not exceed 4 years.
(B) An individual who is not a Government
official may not serve more than 2 consecutive
terms as a Commissioner.
(b) Alternate Commissioners.--
(1) Appointment.--The Secretary may, for any
anticipated absence of a duly appointed Commissioner at
a meeting of the General Council or the Fisheries
Commission, designate an individual to serve as an
Alternate Commissioner.
(2) Functions.--An Alternate Commissioner may
exercise all powers and perform all duties of the
Commissioner for whom the Alternate Commissioner is
designated, at any meeting of the General Council or
the Fisheries Commission for which the Alternate
Commissioner is designated.
(c) Representatives.--
(1) Appointment.--The Secretary shall appoint not
more than 3 individuals to serve as the representatives
of the United States on the Scientific Council, who
shall each be known as a ``United States Representative
to the Northwest Atlantic Fisheries Organization
Scientific Council''.
(2) Eligibility for appointment.--
(A) The Secretary may not appoint an
individual as a Representative unless the
individual is knowledgeable and experienced
concerning the scientific issues dealt with by
the Scientific Council.
(B) The Secretary shall appoint as a
Representative at least 1 individual who is an
official of the Government.
(3) Term.--An individual appointed as a
Representative--
(A) shall serve for a term of not to exceed 4
years, as specified by the Secretary at the
time of appointment;
(B) may be reappointed; and
(C) shall serve at the pleasure of the
Secretary.
(d) Alternate Representatives.--
(1) Appointment.--The Secretary may, for any
anticipated absence of a duly appointed Representative
at a meeting of the Scientific Council, designate an
individual to serve as an Alternate Representative.
(2) Functions.--An Alternate Representative may
exercise all powers and perform all duties of the
Representative for whom the Alternate Representative is
designated, at any meeting of the Scientific Council
for which the Alternate Representative is designated.
(e) Experts and Advisers.--The Commissioners, Alternate
Commissioners, Representatives, and Alternate Representatives
may be accompanied at meetings of the Organization by experts
and advisers.
(f) Coordination and Consultation.--
(1) In general.--In carrying out their functions
under the Convention, Commissioners, Alternate
Commissioners, Representatives, and Alternate
Representatives shall--
(A) coordinate with the appropriate Regional
Fishery Management Councils established by
section 302 of the Magnuson-Stevens Act (16
U.S.C. 1852); \16\ and
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\16\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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(B) consult with the committee established
under section 208.
(2) Relationship to other law.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to
coordination and consultations under this subsection.
SEC. 203.\17\ REQUESTS FOR SCIENTIFIC ADVICE.
(a) Restriction.--The Representatives may not make a
request or specification described in subsection (b) (1) or
(2), respectively, unless the Representatives have first--
---------------------------------------------------------------------------
\17\ 16 U.S.C. 5602.
---------------------------------------------------------------------------
(1) consulted with the appropriate Regional Fishery
Management Councils; and
(2) received the consent of the Commissioners for
that action.
(b) Requests and Terms of Reference Described.--The
requests and specifications referred to in subsection (a) are,
respectively--
(1) any request, under Article VII(1) of the
Convention, that the Scientific Council consider and
report on a question pertaining to the scientific basis
for the management and conservation of fishery
resources in waters under the jurisdiction of the
United States within the Convention Area; and
(2) any specification, under Article VIII(2) of the
Convention, of the terms of reference for the
consideration of a question referred to the Scientific
Council pursuant to Article VII(1) of the Convention.
SEC. 204.\18\ AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO
CONVENTION.
The Secretary of State may, on behalf of the Government of
the United States--
---------------------------------------------------------------------------
\18\ 16 U.S.C. 5603.
---------------------------------------------------------------------------
(1) receive and transmit reports, requests,
recommendations, proposals, and other communications of
and to the Organization and its subsidiary organs;
(2) object, or withdraw an objection, to the proposal
of the Fisheries Commission;
(3) give or withdraw notice of intent not to be bound
by a measure of the Fisheries Commission;
(4) object or withdraw an objection to an amendment
to the Convention; and
(5) act upon, or refer to any other appropriate
authority, any other communication referred to in
paragraph (1).
SEC. 205.\19\ INTERAGENCY COOPERATION.
(a) Authorities of Secretary.--In carrying out the
provisions of the Convention and this title, the Secretary may
arrange for cooperation with other agencies of the United
States, the States, the New England and the Mid-Atlantic
Fishery Management Councils, and private institutions and
organizations.
---------------------------------------------------------------------------
\19\ 16 U.S.C. 5604.
---------------------------------------------------------------------------
(b) Other Agencies.--The head of any Federal agency may--
(1) cooperate in the conduct of scientific and other
programs, and furnish facilities and personnel, for the
purposes of assisting the Organization in carrying out
its duties under the Convention; and
(2) accept reimbursement from the Organization for
providing such services, facilities, and personnel.
SEC. 206.\20\ RULEMAKING.
The Secretary shall promulgate regulations as may be
necessary to carry out the purposes and objectives of the
Convention and this title. Any such regulation may be made
applicable, as necessary, to all persons and all vessels
subject to the jurisdiction of the United States, wherever
located.
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\20\ 16 U.S.C. 5605.
---------------------------------------------------------------------------
SEC. 207.\21\ PROHIBITED ACTS AND PENALTIES.
(a) Prohibition.--It is unlawful for any person or vessel
that is subject to the jurisdiction of the United States--
---------------------------------------------------------------------------
\21\ 16 U.S.C. 5606.
---------------------------------------------------------------------------
(1) to violate any regulation issued under this title
or any measure that is legally binding on the United
States under the Convention;
(2) to refuse to permit any authorized enforcement
officer to board a fishing vessel that is subject to
the person's control for purposes of conducting any
search or inspection in connection with the enforcement
of this title, any regulation issued under this title,
or any measure that is legally binding on the United
States under the Convention;
(3) forcibly to assault, resist, oppose, impede,
intimidate, or interfere with any authorized
enforcement officer in the conduct of any search or
inspection described in paragraph (2);
(4) to resist a lawful arrest for any act prohibited
by this section;
(5) to ship, transport, offer for sale, sell,
purchase, import, export, or have custody, control, or
possession of, any fish taken or retained in violation
of this section; or
(6) to interfere with, delay, or prevent, by any
means, the apprehension or arrest of another person,
knowing that the other person has committed an act
prohibited by this section.
(b) Civil Penalty.--Any person who commits any act that is
unlawful under subsection (a) shall be liable to the United
States for a civil penalty, or may be subject to a permit
sanction, under section 308 of the Magnuson-Stevens Act (16
U.S.C. 1858).\16\
(c) Criminal Penalty.--Any person who commits an act that
is unlawful under paragraph (2), (3), (4), or (6) of subsection
(a) shall be guilty of an offense punishable under section
309(b) of the Magnuson-Stevens Act (16 U.S.C. 1859(b)).\16\
(d) Civil Forfeitures.--
(1) In general.--Any vessel (including its gear,
furniture, appurtenances, stores, and cargo) used in
the commission of an act that is unlawful under
subsection (a), and any fish (or the fair market value
thereof) taken or retained, in any manner, in
connection with or as a result of the commission of any
act that is unlawful under subsection (a), shall be
subject to seizure and forfeiture as provided in
section 310 of the Magnuson-Stevens Act (16 U.S.C.
1860).\16\
(2) Disposal of fish.--Any fish seized pursuant to
this title may be disposed of pursuant to the order of
a court of competent jurisdiction or, if perishable, in
a manner prescribed by regulations issued by the
Secretary.
(e) Enforcement.--The Secretary and the Secretary of the
department in which the Coast Guard is operating shall enforce
the provisions of this title and shall have the authority
specified in section \22\ 311 (a), (b)(1), and (c) of the
Magnuson-Stevens Act (16 U.S.C. 1861 (a), (b)(1), and (c)) \16\
for that purpose.
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\22\ Sec. 201(b)(1) of Public Law 105-384 (112 Stat. 3451) struck
out ``sections'' and inserted in lieu thereof ``section''.
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(f) Jurisdiction of Courts.--The district courts of the
United States shall have exclusive jurisdiction over any case
or controversy arising under this section and may, at any
time--
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem, or other process;
(3) prescribe and accept satisfactory bonds or other
security; and
(4) take such other actions as are in the interests
of justice.
SEC. 208.\23\ CONSULTATIVE COMMITTEE.
(a) Establishment.--The Secretary of State and the
Secretary, shall jointly establish a consultative committee to
advise the Secretaries on issues related to the Convention.
---------------------------------------------------------------------------
\23\ 16 U.S.C. 5607.
---------------------------------------------------------------------------
(b) Membership.--
(1) The membership of the Committee shall include
representatives from the New England and Mid-Atlantic
Fishery Management Councils, the States represented on
those Councils, the Atlantic States Marine Fisheries
Commission, the fishing industry, the seafood
processing industry, and others knowledgeable and
experienced in the conservation and management of
fisheries in the Northwest Atlantic Ocean.
(2) Terms and reappointment.--Each member of the
consultative committee shall serve for a term of two
years and shall be eligible for reappointment.
(c) Duties of the Committee.--Members of the consultative
committee may attend--
(1) all public meetings of the General Council or the
Fisheries Commission;
(2) any other meetings to which they are invited by
the General Council or the Fisheries Commission; and
(3) all nonexecutive meetings of the United States
Commissioners.
(d) Relationship to Other Law.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
consultative committee established under this section.
SEC. 209.\24\ ADMINISTRATIVE MATTERS.
(a) Prohibition on Compensation.--A person shall not
receive any compensation from the Government by reason of any
service of the person as--
---------------------------------------------------------------------------
\24\ 16 U.S.C. 5608.
---------------------------------------------------------------------------
(1) a Commissioner, Alternate Commissioner,
Representative, or Alternative Representative;
(2) an expert or adviser authorized under section
202(e); or
(3) a member of the consultative committee
established by section 208.
(b) Travel and Expenses.--The Secretary of State shall,
subject to the availability of appropriations, pay all
necessary travel and other expenses of persons described in
subsection (a)(1) and of not more than six experts and advisers
authorized under section 202(e) with respect to their actual
performance of their official duties pursuant to this title, in
accordance with the Federal Travel Regulations and sections
5701, 5702, 5704 through 5708, and 5731 of title 5, United
States Code.
(c) Status as Federal Employees.--A person shall not be
considered to be a Federal employee by reason of any service of
the person in a capacity described in subsection (a), except
for purposes of injury compensation and tort claims liability
under chapter 81 of title 5, United States Code, and chapter
171 \25\ of title 28, United States Code, respectively.
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\25\ Sec. 201(b)(2) of Public Law 105-384 (112 Stat. 3451) struck
out ``chapter 17'' and inserted in lieu thereof ``chapter 171''.
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SEC. 210.\26\ DEFINITIONS.
In this title the following definitions apply:
---------------------------------------------------------------------------
\26\ 16 U.S.C. 5609.
---------------------------------------------------------------------------
(1) Authorized enforcement officer.--The term
``authorized enforcement officer'' means a person
authorized to enforce this title, any regulation issued
under this title, or any measure that is legally
binding on the United States under the Convention.
(2) Commissioner.--The term ``Commissioner'' means a
United States Commissioner to the Northwest Atlantic
Fisheries Organization appointed under section 202(a).
(3) Convention.--The term ``Convention'' means the
Convention on Future Multilateral Cooperation in the
Northwest Atlantic Fisheries, done at Ottawa on October
24, 1978.
(4) Fisheries commission.--The term ``Fisheries
Commission'' means the Fisheries Commission provided
for by Articles II, XI, XII, XIII, and XIV of the
Convention.
(5) General council.--The term ``General Council''
means the General Council provided for by Article II,
III, IV, and V of the Convention.
(6) Magnuson-stevens act.--The term ``Magnuson-
Stevens Act'' means the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.).\27\
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\27\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
Subsequently, sec. 201(b)(3) of Public Law 105-384 (112 Stat. 3451)
effectively made the same amendment by striking out ``the Magnuson
Fishery'' and inserting in lieu thereof ``the Magnuson-Stevens
Fishery''.
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(7) Organization.--The term ``Organization'' means
the Northwest Atlantic Fisheries Organization provided
for by Article II of the Convention.
(8) Person.--The term ``person'' means any individual
(whether or not a citizen or national of the United
States), and any corporation, partnership, association,
or other entity (whether or not organized or existing
under the laws of any State).
(9) Representative.--The term ``Representative''
means a United States Representative to the Northwest
Atlantic Fisheries Scientific Council appointed under
section 202(c).
(10) Scientific council.--The term ``Scientific
Council'' means the Scientific Council provided for by
Articles II, VI, VII, VIII, IX, and X of the
Convention.
(11) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.
SEC. 211.\28\ AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title, including use for payment as the United States
contribution to the Organization as provided in Article XVI of
the Convention, $500,000 for each fiscal year through fiscal
year 2006.\29\
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\28\ 16 U.S.C. 5610.
\29\ Sec. 201(a) of Public Law 105-384 (112 Stat. 3451) struck out
the authorization of appropriations for fiscal years 1995 through 1998
and inserted in lieu thereof the authorization of appropriations
through fiscal year 2001.
Subsequently, sec. 305 of the Fisheries Conservation Act of 2002
(title III of Public Law 107-372; 116 Stat. 3096) struck out ``2001''
and inserted in lieu thereof ``2006''.
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SEC. 212.\30\ ANNUAL REPORT.
The Secretary shall annually report to the Congress on the
activities of the Fisheries Commission, the General Council,
the Scientific Council, and the consultative committee
established under section 208.
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\30\ 16 U.S.C. 5611. Sec. 201(c) of Public Law 105-384 (112 Stat.
3452) added sec. 212.
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SEC. 213.\31\ QUOTA ALLOCATION PRACTICE.
(a) In General.--The Secretary of Commerce, acting through
the Secretary of State, shall promptly seek to establish a new
practice for allocating quotas under the Convention that--
---------------------------------------------------------------------------
\31\ 16 U.S.C. 5612. Sec. 201(d) of Public Law 105-384 (112 Stat.
3452) added sec. 213.
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(1) is predictable and transparent;
(2) provides fishing opportunities for all members of
the Organization; and
(3) is consistent with the Straddling Fish Stocks
Agreement.
(b) Report.--The Secretary of Commerce shall include in
annual reports under section 212--
(1) a description of the results of negotiations held
pursuant to subsection (a);
(2) an identification of barriers to achieving such a
new allocation practice; and
(3) recommendations for any further legislation that
is necessary to achieve such a new practice.
(c) Definition.--In this section the term ``Straddling Fish
Stocks Agreement'' means the United Nations Agreement for the
Implementation of the Provisions of the United Nations
Convention on the Law of the Sea of 10 December 1982 Relating
to the Conservation and Management of Straddling Fish Stocks
and Highly Migratory Fish Stocks.
TITLE III--ATLANTIC TUNAS CONVENTION ACT
SEC. 301.\32\ SHORT TITLE.
This title may be cited as the ``Atlantic Tunas Convention
Authorization Act of 1995''.
---------------------------------------------------------------------------
\32\ 16 U.S.C. 971 note.
---------------------------------------------------------------------------
SEC. 302. RESEARCH AND MONITORING ACTIVITIES.
(a) Report to Congress.--The Secretary of Commerce shall,
within 90 days after the date of enactment of this Act, submit
a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources of
the House of Representatives--
(1) identifying current governmental and
nongovernmental research and monitoring activities on
Atlantic bluefin tuna and other highly migratory
species;
(2) describing the personnel and budgetary resources
allocated to such activities; and
(3) explaining how each activity contributes to the
conservation and management of Atlantic bluefin tuna
and other highly migratory species.
(b) \33\ Research and Monitoring Program.--Section 3 of the
Act of September 4, 1980 (16 U.S.C. 971i) is amended-- * * *
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\33\ The Act of September 4, 1980--Atlantic Tunas Convention Act of
1975, Appropriation Authorization--may be found at page 194.
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* * * * * * * \34\
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\34\ Secs. 303 through 308 of this Act amended the Atlantic Tunas
Convention Act of 1975.
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SEC. 309. MANAGEMENT OF ATLANTIC YELLOWFIN TUNA.
(a) Not later than 90 days after the date of the enactment
of this Act, the Secretary of Commerce in accordance with this
section shall publish a preliminary determination of the level
of the United States recreational and commercial catch of
Atlantic yellowfin tuna on an annual basis since 1980. The
Secretary shall publish a preliminary determination in the
Federal Register for comment for a period not to exceed 60
days. The Secretary shall publish a final determination not
later than 140 days from the date of the enactment of this
section.
(b) Not later than July 1, 1997,\35\ the Secretary of
Commerce shall implement the recommendations of the
International Commission for the Conservation of Atlantic Tunas
regarding yellowfin tuna made pursuant to Article VIII of the
International Convention for the Conservation of Atlantic Tunas
and acted upon favorably by the Secretary of State under
section 5(a) of the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971c(a)).
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\35\ Sec. 406 of the Sustainable Fisheries Act (Public Law 104-297;
110 Stat. 3621) struck out ``July 1, 1996'' and inserted in lieu
thereof `` July 1, 1997''.
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SEC. 310. STUDY OF BLUEFIN TUNA REGULATIONS.
Not later than 270 days after the date of enactment of this
Act, the Secretary of Commerce shall submit to the Committee on
Commerce, Science and Transportation of the Senate and to the
Committee on Resources of the House of Representatives a report
on the historic rationale, effectiveness, and biological and
economic efficiency of existing bluefin tuna regulations for
United States Atlantic fisheries. Specifically, the biological
rationale for each regional and category allocation, including
directed and incidental categories, should be described in
light of the average size, age, and maturity of bluefin tuna
caught in each fishery and the effect of this harvest on stock
rebuilding and sustainable yield. The report should examine the
history and evaluate the level of wasteful discarding, and
evaluate the effectiveness of non-quota regulations at
constraining harvests within regions. Further, comments should
be provided on levels of participation in specific fisheries in
terms of vessels and trips, enforcement implications, and the
importance of monitoring information provided by these
allocations on the precision of the stock assessment estimates.
SEC. 311. SENSE OF THE CONGRESS WITH RESPECT TO ICCAT NEGOTIATIONS.
(a) Sharing of Conservation Burden.--It is the sense of the
Congress that in future negotiations of the International
Commission for the Conservation of Atlantic Tunas (hereafter in
this section referred to as ``ICCAT''), the Secretary of
Commerce shall ensure that the conservation actions recommended
by international commissions and implemented by the Secretary
for United States commercial and recreational fishermen provide
fair and equitable sharing of the conservation burden among all
contracting harvesters in negotiations with those commissions.
(b) Enforcement Provisions.--It is further the sense of the
Congress that, during 1995 ICCAT negotiations on swordfish and
other Highly Migratory Species managed by ICCAT, the Congress
encourages the United States Commissioners to add enforcement
provisions similar to those applicable to bluefin tuna.
(c) Enhanced Monitoring.--It is further the sense of the
Congress that the National Oceanic and Atmospheric
Administration and the United States Customs Service should
enhance monitoring activities to ascertain what specific stocks
are being imported into the United States and the country of
origin.
(d) Multilateral Enforcement Process.--It is further the
sense of the Congress that the United States Commissioners
should pursue as a priority the establishment and
implementation prior to December 31, 1996, an effective
multilateral process that will enable ICCAT nations to enforce
the conservation recommendations of the Commission.
TITLE IV--FISHERMEN'S PROTECTIVE ACT
SEC. 401.\36\ FINDINGS.
The Congress finds that--
---------------------------------------------------------------------------
\36\ 22 U.S.C. 1980a note.
---------------------------------------------------------------------------
(1) customary international law and the United
Nations Convention on the Law of the Sea guarantee the
right of passage, including innocent passage, to
vessels through the waters commonly referred to as the
``Inside Passage'' off the Pacific Coast of Canada;
(2) in 1994 Canada required all commercial fishing
vessels of the United States to pay 1,500 Canadian
dollars to obtain a ``license which authorizes
transit'' through the Inside Passage;
(3) this action was inconsistent with international
law, including the United Nations Convention on the Law
of the Sea, and, in particular, Article 26 of that
Convention, which specifically prohibits such fees, and
threatened the safety of United States commercial
fishermen who sought to avoid the fee by traveling in
less protected waters;
(4) the Fishermen's Protective Act of 1967 provides
for the reimbursement of vessel owners who are forced
to pay a license fee to secure the release of a vessel
which has been seized, but does not permit
reimbursement of a fee paid by the owner in advance in
order to prevent a seizure;
(5) Canada required that the license fee be paid in
person in 2 ports on the Pacific Coast of Canada, or in
advance by mail;
(6) significant expense and delay was incurred by
commercial fishing vessels of the United States that
had to travel from the point of seizure back to one of
those ports in order to pay the license fee required by
Canada, and the costs of that travel and delay cannot
be reimbursed under the Fishermen's Protective Act;
(7) the Fishermen's Protective Act of 1967 should be
amended to permit vessel owners to be reimbursed for
fees required by a foreign government to be paid in
advance in order to navigate in the waters of that
foreign country if the United States considers that fee
to be inconsistent with international law;
(8) the Secretary of State should seek to recover
from Canada any amounts paid by the United States to
reimburse vessel owners who paid the transit license
fee;
(9) the United States should review its current
policy with respect to anchorage by commercial fishing
vessels of Canada in waters of the United States off
Alaska, including waters in and near the Dixon
Entrance, and should accord such vessels the same
treatment that commercial fishing vessels of the United
States are accorded for anchorage in the waters of
Canada off British Columbia;
(10) the President should ensure that, consistent
with international law, the United States Coast Guard
has available adequate resources in the Pacific
Northwest and Alaska to provide for the safety of
United States citizens, the enforcement of United
States law, and to protect the rights of the United
States and keep the peace among vessels operating in
disputed waters;
(11) the President should continue to review all
agreements between the United States and Canada to
identify other actions that may be taken to convince
Canada that any reinstatement of the transit license
fee would be against Canada's long-term interests, and
should immediately implement any actions which the
President deems appropriate if Canada reinstates the
fee;
(12) the President should continue to convey to
Canada in the strongest terms that the United States
will not now, nor at any time in the future, tolerate
any action by Canada which would impede or otherwise
restrict the right of passage of vessels of the United
States in a manner inconsistent with international law;
and
(13) the United States should continue its efforts to
seek expeditious agreement with Canada on appropriate
fishery conservation and management measures that can
be implemented through the Pacific Salmon Treaty to
address issues of mutual concern.
SEC. 402. AMENDMENT TO THE FISHERMEN'S PROTECTIVE ACT OF 1967.
(a) * * *
(b) * * *
(c) Notwithstanding any other provision of law, the
Secretary of State shall reimburse the owner of any vessel of
the United States for costs incurred due to the seizure of such
vessel in 1994 by Canada on the basis of a claim to
jurisdiction over sedentary species which was not recognized by
the United States at the time of such seizure. Any such
reimbursement shall cover, in addition to amounts reimbursable
under section 3 of the Fishermen's Protective Act of 1967 (22
U.S.C. 1973), legal fees and travel costs incurred by the owner
of any such vessel that were necessary to secure the prompt
release of the vessel and crew. Total reimbursements under this
subsection may not exceed $25,000 and may be made available
from the unobligated balances of previously appropriated funds
remaining in the Fishermen's Protective Fund established under
section 9 of the Fishermen's Protective Act (22 U.S.C. 1979).
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\37\ Sec. 403 amended sec. 7 of the Fishermen's Protective Act.
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SEC. 403.\37\ REAUTHORIZATION. * * *
SEC. 404. TECHNICAL CORRECTIONS.
(a)(1) Section 15(a) of Public Law 103-238 is amended by
striking ``April 1, 1994,'' and inserting ``May 1, 1994.''.
(2) The amendment made by paragraph (1) shall be effective
on and after April 30, 1994.
(b) * * *
TITLE V--FISHERIES ENFORCEMENT IN CENTRAL SEA OF OKHOTSK
SEC. 501.\38\ SHORT TITLE.
This title may be cited as the ``Sea of Okhotsk Fisheries
Enforcement Act of 1995''.
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\38\ 16 U.S.C. 1823 note.
\39\ Sec. 502 amended the Central Bering Sea Fisheries Enforcement
Act of 1992.
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SEC. 502.\39\ FISHING PROHIBITION. * * *
TITLE VI--DRIFTNET MORATORIUM
SEC. 601.\40\ SHORT TITLE.
This title may be cited as the ``High Seas Driftnet Fishing
Moratorium Protection Act''.
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\40\ 16 U.S.C. 1801 note.
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SEC. 602.\41\ FINDINGS.
The Congress finds that--
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\41\ 16 U.S.C. 1826d note.
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(1) Congress has enacted and the President has signed
into law numerous Acts to control or prohibit large-
scale driftnet fishing both within the jurisdiction of
the United States and beyond the exclusive economic
zone of any nation, including the Driftnet Impact
Monitoring, Assessment, and Control Act of 1987 (title
IV, Public Law 100-220), the Driftnet Act Amendments of
1990 (Public Law 101-627), and the High Seas Driftnet
Fisheries Enforcement Act (title I, Public Law 102-
582);
(2) the United States is a party to the Convention
for the Prohibition of Fishing with Long Driftnets in
the South Pacific, also known as the Wellington
Convention;
(3) the General Assembly of the United Nations has
adopted three resolutions and three decisions which
established and reaffirm a global moratorium on large-
scale driftnet fishing on the high seas, beginning with
Resolution 44/225 in 1989 and most recently in Decision
48/445 in 1993;
(4) the General Assembly of the United Nations
adopted these resolutions and decisions at the request
of the United States and other concerned nations;
(5) the best scientific information demonstrates the
wastefulness and potentially destructive impacts of
large-scale driftnet fishing on living marine resources
and seabirds; and
(6) Resolution 46/215 of the United Nations General
Assembly calls on all nations, both individually and
collectively, to prevent large-scale driftnet fishing
on the high seas.
SEC. 603.\42\ PROHIBITION.
The United States, or any agency or official acting on
behalf of the United States, may not enter into any
international agreement with respect to the conservation and
management of living marine resources or the use of the high
seas by fishing vessels that would prevent full implementation
of the global moratorium on large-scale driftnet fishing on the
high seas, as such moratorium is expressed in Resolution 46/215
of the United Nations General Assembly.
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\42\ 16 U.S.C. 1826d.
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SEC. 604.\43\ NEGOTIATIONS.
The Secretary of State, on behalf of the United States,
shall seek to enhance the implementation and effectiveness of
the United Nations General Assembly resolutions and decisions
regarding the moratorium on large-scale driftnet fishing on the
high seas through appropriate international agreements and
organizations.
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\43\ 16 U.S.C. 1826e.
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SEC. 605.\44\ CERTIFICATION.
The Secretary of State shall determine in writing prior to
the signing or provisional application by the United States of
any international agreement with respect to the conservation
and management of living marine resources or the use of the
high seas by fishing vessels that the prohibition contained in
section 603 will not be violated if such agreement is signed or
provisionally applied.
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\44\ 16 U.S.C. 1826f.
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SEC. 606.\45\ ENFORCEMENT.
The President shall utilize appropriate assets of the
Department of Defense, the United States Coast Guard, and other
Federal agencies to detect, monitor, and prevent violations of
the United Nations moratorium on large-scale driftnet fishing
on the high seas for all fisheries under the jurisdiction of
the United States and, in the case of fisheries not under the
jurisdiction of the United States, to the fullest extent
permitted under international law.
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\45\ 16 U.S.C. 1826g.
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TITLE VII--YUKON RIVER SALMON ACT
SEC. 701.\46\ SHORT TITLE.
This title may be cited as the ``Yukon River Salmon Act of
1995''.
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\46\ 16 U.S.C. 5701 note.
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SEC. 702.\47\ PURPOSES.
It is the purpose of this title--
---------------------------------------------------------------------------
\47\ 16 U.S.C. 5701.
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(1) to implement the interim agreement for the
conservation of salmon stocks originating from the
Yukon River in Canada agreed to through an exchange of
notes between the Government of the United States and
the Government of Canada on February 3, 1995;
(2) to provide for representation by the United
States on the Yukon River Panel established under such
agreement; and
(3) to authorize to be appropriated sums necessary to
carry out the responsibilities of the United States
under such agreement.
SEC. 703.\48\ DEFINITIONS.
As used in this title--
---------------------------------------------------------------------------
\48\ 16 U.S.C. 5702.
---------------------------------------------------------------------------
(1) The term ``Agreement'' means the interim
agreement for the conservation of salmon stocks
originating from the Yukon River in Canada agreed to
through an exchange of notes between the Government of
the United States and the Government of Canada on
February 3, 1995.
(2) The term ``Panel'' means the Yukon River Panel
established by the Agreement.
(3) The term ``Yukon River Joint Technical
Committee'' means the technical committee established
by paragraph C.2 of the Memorandum of Understanding
concerning the Pacific Salmon Treaty between the
Government of the United States and the Government of
Canada recorded January 28, 1985.
SEC. 704.\49\ PANEL.
(a) Representation.--The United States shall be represented
on the Panel by six individuals, of whom--
---------------------------------------------------------------------------
\49\ 16 U.S.C. 5703.
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(1) one shall be an official of the United States
Government with expertise in salmon conservation and
management;
(2) one shall be an official of the State of Alaska
with expertise in salmon conservation and management;
and
(3) four shall be knowledgeable and experienced with
regard to the salmon fisheries on the Yukon River.
(b) Appointments.--Panel members shall be appointed as
follows:
(1) The Panel member described in subsection (a)(1)
shall be appointed by the Secretary of State.
(2) The Panel member described in subsection (a)(2)
shall be appointed by the Governor of Alaska.
(3) The Panel members described in subsection (a)(3)
shall be appointed by the Secretary of State from a
list of at least 3 individuals nominated for each
position by the Governor of Alaska. The Governor of
Alaska may consider suggestions for nominations
provided by organizations with expertise in Yukon River
salmon fisheries. The Governor of Alaska may make
appropriate nominations to allow for, and the Secretary
of State shall appoint, at least one member under
subsection (a)(3) who is qualified to represent the
interests of Lower Yukon River fishing districts, and
at least one member who is qualified to represent the
interests of Upper Yukon River fishing districts. At
least one of the Panel members under subsection (a)(3)
shall be an Alaska Native.
(c) Alternates.--The Secretary of State may designate an
alternate Panel member for each Panel member the Secretary
appoints under subsections (b) (1) and (3), who meets the same
qualifications, to serve in the absence of the Panel member.
The Governor of the State of Alaska may designate an
alternative Panel member for the Panel member appointed under
subsection (b)(2), who meets the same qualifications, to serve
in the absence of that Panel member.
(d) Term Length.--Panel members and alternate Panel members
shall serve four-year terms. Any individual appointed to fill a
vacancy occurring before the expiration of any term shall be
appointed for the remainder of that term.
(e) Reappointment.--Panel members and alternate Panel
members shall be eligible for reappointment.
(f) Decisions.--Decisions by the United States section of
the Panel shall be made by the consensus of the Panel members
appointed under paragraphs (2) and (3) of subsection (a).
(g) Consultation.--In carrying out their functions under
the Agreement, Panel members may consult with such other
interested parties as they consider appropriate.
SEC. 705.\50\ ADVISORY COMMITTEE.
(a) Appointments.--The Governor of Alaska may appoint an
Advisory Committee of not less than eight, but not more than
twelve, individuals who are knowledgeable and experienced with
regard to the salmon fisheries on the Yukon River. At least 2
of the Advisory Committee members shall be Alaska Natives.
Members of the Advisory Committee may attend all meetings of
the United States section of the Panel, and shall be given the
opportunity to examine and be heard on any matter under
consideration by the United States section of the Panel.
---------------------------------------------------------------------------
\50\ 16 U.S.C. 5704.
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(b) Compensation.--The members of such Advisory Committee
shall receive no compensation for their services.
(c) Term Length.--Advisory Committee members shall serve
two-year terms. Any individual appointed to fill a vacancy
occurring before the expiration of any term shall be appointed
for the remainder of that term.
(d) Reappointment.--Advisory Committee members shall be
eligible for reappointment.
SEC. 706.\51\ EXEMPTION.
The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Panel, the Yukon River Joint Technical
Committee, or the Advisory Committee created under section 705
of this title.
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\51\ 16 U.S.C. 5705.
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SEC. 707.\52\ AUTHORITY AND RESPONSIBILITY.
(a) Responsible Management Entity.--The State of Alaska
Department of Fish and Game shall be the responsible management
entity for the United States for the purposes of the Agreement.
---------------------------------------------------------------------------
\52\ 16 U.S.C. 5706.
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(b) Effect of Designation.--The designation under
subsection (a) shall not be considered to expand, diminish, or
change the management authority of the State of Alaska or the
Federal Government with respect to fishery resources.
(c) Recommendations of Panel.--In addition to
recommendations made by the Panel to the responsible management
entities in accordance with the Agreement, the Panel may make
recommendations concerning the conservation and management of
salmon originating in the Yukon River to the Department of the
Interior, Department of Commerce, Department of State, North
Pacific Fishery Management Council, and other Federal or State
entities as appropriate. Recommendations by the Panel shall be
advisory in nature.
SEC. 708.\53\ CONTINUATION OF AGREEMENT.
In the event that the Treaty between Canada and the United
States of America concerning Pacific Salmon, signed at Ottawa,
January 28, 1985, terminates prior to the termination of the
Agreement, and the functions of the Panel are assumed by the
``Yukon River Salmon Commission'' referenced in the Agreement,
the provisions of this title which apply to the Panel shall
thereafter apply to the Yukon River Salmon Commission, and the
other provisions of this title shall remain in effect.
---------------------------------------------------------------------------
\53\ 16 U.S.C. 5707.
---------------------------------------------------------------------------
SEC. 709.\54\ ADMINISTRATIVE MATTERS.
(a) Panel members and alternate Panel members who are not
State or Federal employees shall receive compensation at the
daily rate of GS-15 of the General Schedule when engaged in the
actual performance of duties.
---------------------------------------------------------------------------
\54\ 16 U.S.C. 5708.
---------------------------------------------------------------------------
(b) Travel and other necessary expenses shall be paid for
all Panel members, alternate Panel members, United States
members of the Joint Technical Committee, and members of the
Advisory Committee when engaged in the actual performance of
duties.
(c) Except for officials of the United States Government,
individuals described in subsection (b) shall not be considered
to be Federal employees while engaged in the actual performance
of duties, except for the purposes of injury compensation or
tort claims liability as provided in chapter 81 of title 5,
United States Code, and chapter 71 of title 28, United States
Code.
SEC. 710.\55\ AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $4,000,000 for each
fiscal year for carrying out the purposes and provisions of the
Agreement and this title including--
---------------------------------------------------------------------------
\55\ 16 U.S.C. 5709.
---------------------------------------------------------------------------
(1) necessary travel expenses of Panel members,
alternate Panel members, United States members of the
Joint Technical Committee, and members of the Advisory
Committee in accordance with Federal Travel Regulations
and sections 5701, 5702, 5704 through 5708, and 5731 of
title 5, United States Code;
(2) the United States share of the joint expenses of
the Panel and the Joint Technical Committee: Provided,
That Panel members and alternate Panel members shall
not, with respect to commitments concerning the United
States share of the joint expenses, be subject to
section 262(b) of title 22, United States Code, insofar
as it limits the authority of United States
representatives to international organizations with
respect to such commitments;
(3) not more than $3,000,000 for each fiscal year to
the Department of the Interior and to the Department of
Commerce for survey, restoration, and enhancement
activities related to Yukon River salmon; and
(4) $400,000 in each of fiscal years 1996, 1997,
1998, and 1999 to be contributed to the Yukon River
Restoration and Enhancement Fund and used in accordance
with the Agreement.
TITLE VIII--MISCELLANEOUS
SEC. 801. SOUTH PACIFIC TUNA AMENDMENT.
Section 9 of the South Pacific Tuna Act of 1988 (16 U.S.C.
973g) is amended by adding at the end thereof the following: *
* *
SEC. 802.\56\ FOREIGN FISHING FOR ATLANTIC HERRING AND ATLANTIC
MACKEREL.
Notwithstanding any other provision of law--
---------------------------------------------------------------------------
\56\ 16 U.S.C. 1821 note.
---------------------------------------------------------------------------
(1) no allocation may be made to any foreign nation
or vessel under section 201 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.) \57\ in any fishery for which there is not a
fishery management plan implemented in accordance with
that Act; and
---------------------------------------------------------------------------
\57\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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(2) the Secretary of Commerce may not approve the
portion of any permit application submitted under
section 204(b) of the Act which proposes fishing by a
foreign vessel for Atlantic mackerel or Atlantic
herring unless--
(A) the appropriate regional fishery
management council recommends under section
204(b)(5) of that Act that the Secretary
approve such fishing, and
(B) the Secretary of Commerce includes in the
permit any conditions or restrictions
recommended by the appropriate regional fishery
management council with respect to such
fishing.
5. Dolphins
a. International Dolphin Conservation Program
Title III of Public Law 92-522 [Marine Mammal Protection Act of 1972;
H.R. 10420], 86 Stat. 1027, approved October 21, 1972; as amended by
Public Law 102-523 [International Dolphin Conservation Act of 1992;
H.R. 5419], 106 Stat. 3425, approved October 26, 1992; and Public Law
105-42 [International Dolphin Conservation Program Act; H.R. 408], 111
Stat. 1122, approved August 15, 1997
AN ACT To protect marine mammals, to establish a Marine Mammal
Commission, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act, with the following table of contents, may be cited as the
``Marine Mammal Protection Act of 1972''.
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\1\ Sec. 2(a) of the International Dolphin Conservation Act of 1992
(Public Law 102-523; 106 Stat. 3425) added title III. Sec. 6(a) of
Public Law 105-42 (111 Stat. 1129) amended the heading of title III,
which previously read as follows: ``GLOBAL MORATORIUM TO PROHIBIT
CERTAIN TUNA HARVESTING PRACTICES''.
Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
amendment made by sec. 6(a) would become effective upon certification
by the Secretary of Commerce that sufficient funding is available to
complete the first year of the study required under sec. 304(a) of the
Marine Mammal Protection Act of 1972 and the study has commenced; and
certification by the Secretary of State to Congress that a binding
resolution of the Inter-American Tropical Tuna Commission or other
legally binding instrument establishing the International Dolphin
Conservation Program has been adopted and is in force.
The Secretary of Commerce made the certification referred to in
sec. 8 on July 27, 1998; the Secretary of State made the certification
on March 3, 1999.
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* * * * * * *
TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM \1\
SEC. 301.\2\ FINDINGS AND POLICY.
(a) Findings.--The Congress finds the following:
---------------------------------------------------------------------------
\2\ 16 U.S.C. 1411.
---------------------------------------------------------------------------
(1) The yellowfin tuna fishery of the eastern
tropical Pacific Ocean has resulted in the deaths of
millions of dolphins.
(2) Significant awareness and increased concern for
the health and safety of dolphin populations has
encouraged a change in fishing methods worldwide.
(3) United States tuna fishing vessels have led the
world in the development of fishing methods to reduce
dolphin mortalities in the eastern tropical Pacific
Ocean and United States tuna processing companies have
voluntarily promoted the marketing of tuna that is
dolphin safe.
(4) \3\ Nations harvesting yellowfin tuna in the
eastern tropical Pacific Ocean have demonstrated their
willingness to participate in appropriate multilateral
agreements to reduce dolphin mortality progressively to
a level approaching zero through the setting of annual
limits, with the goal of eliminating dolphin mortality
in that fishery. Recognition of the International
Dolphin Conservation Program will assure that the
existing trend of reduced dolphin mortality continues;
that individual stocks of dolphins are adequately
protected; and that the goal of eliminating all dolphin
mortality continues to be a priority.
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\3\ Sec. 6(b)(1) of Public Law 105-42 (111 Stat. 1129) amended and
restated para. (4), which previously read as following:
``(4) Nations harvesting yellowfin tuna in the eastern tropical
Pacific Ocean have indicated their willingness to participate in
appropriate multilateral agreements to reduce, and eventually
eliminate, dolphin mortality in that fishery.''.
Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
amendment made by sec. 6(b)(1) would become effective upon
certification by the Secretary of Commerce that sufficient funding is
available to complete the first year of the study required under
section 304(a) of the Marine Mammal Protection Act of 1972 and the
study has commenced; and certification by the Secretary of State to
Congress that a binding resolution of the Inter-American Tropical Tuna
Commission or other legally binding instrument establishing the
International Dolphin Conservation Program has been adopted and is in
force.
The Secretary of Commerce made the certification referred to in
sec. 8 on July 27, 1998; the Secretary of State made the certification
on March 3, 1999.
---------------------------------------------------------------------------
(b) Policy.--It is the policy of the United States to--
(1) eliminate the marine mammal mortality resulting
from the intentional encirclement of dolphins and other
marine mammals in tuna purse seine fisheries;
(2) \4\ support the International Dolphin
Conservation Program and efforts within the Program to
reduce, with the goal of eliminating, the mortality
referred to in paragraph (1);
---------------------------------------------------------------------------
\4\ Sec. 6(b)(2) of Public Law 105-42 (111 Stat. 1129) struck out
paras. (2) and (3) and inserted in lieu thereof new paras. (2) and (3).
Paras. (2) and (3) previously read as follows:
``(2) secure appropriate multilateral agreements to reduce, and
eventually eliminate, the mortality referred to in paragraph (1);
``(3) ensure that the market of the United States does not act as
an incentive to the harvest of tuna caught in association with dolphins
or with driftnets;''.
Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
amendment made by sec. 6(b)(2) would become effective upon
certification by the Secretary of Commerce that sufficient funding is
available to complete the first year of the study required under
section 304(a) of the Marine Mammal Protection Act of 1972 and the
study has commenced; and certification by the Secretary of State to
Congress that a binding resolution of the Inter-American Tropical Tuna
Commission or other legally binding instrument establishing the
International Dolphin Conservation Program has been adopted and is in
force.
The Secretary of Commerce made the certification referred to in
sec. 8 on July 27, 1998; the Secretary of State made the certification
on March 3, 1999.
---------------------------------------------------------------------------
(3) \4\ ensure that the market of the United States
does not act as an incentive to the harvest of tuna
caught with driftnets or caught by purse seine vessels
in the eastern tropical Pacific Ocean not operating in
compliance with the International Dolphin Conservation
Program;
(4) secure appropriate multilateral agreements to
ensure that United States tuna fishing vessels shall
have continued access to productive tuna fishing
grounds in the South Pacific Ocean and elsewhere; and
(5) encourage observer coverage on purse seine
vessels fishing for tuna outside of the eastern
tropical Pacific Ocean in a fishery in which the
Secretary has determined that a regular and significant
association occurs between marine mammals and tuna, and
in which tuna is harvested through the use of purse
seine nets deployed on or to encircle marine mammals.
SEC. 302.\5\ INTERNATIONAL DOLPHIN CONSERVATION PROGRAM.
The Secretary of State, in consultation with the Secretary,
shall seek to secure a binding international agreement to
establish an International Dolphin Conservation Program that
requires--
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\5\ 16 U.S.C. 1412. Sec. 6(c) of Public Law 105-42 (111 Stat. 1130)
struck out sec. 302 and inserted in lieu thereof a new sec. 302.
Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
amendment made by sec. 6(c) would become effective upon certification
by the Secretary of Commerce that sufficient funding is available to
complete the first year of the study required under section 304(a) of
the Marine Mammal Protection Act of 1972 and the study has commenced;
and certification by the Secretary of State to Congress that a binding
resolution of the Inter-American Tropical Tuna Commission or other
legally binding instrument establishing the International Dolphin
Conservation Program has been adopted and is in force.
The Secretary of Commerce made the certification referred to in
sec. 8 on July 27, 1998; the Secretary of State made the certification
on March 3, 1999.
---------------------------------------------------------------------------
(1) that the total annual dolphin mortality in the
purse seine fishery for yellowfin tuna in the eastern
tropical Pacific Ocean shall not exceed 5,000 animals
with a commitment and objective to progressively reduce
dolphin mortality to a level approaching zero through
the setting of annual limits;
(2) the establishment of a per-stock per-year dolphin
mortality limit, to be in effect through calendar year
2000, at a level between 0.2 percent and 0.1 percent of
the minimum population estimate, as calculated,
revised, or approved by the Secretary;
(3) the establishment of a per-stock per-year dolphin
mortality limit, beginning with the calendar year 2001,
at a level less than or equal to 0.1 percent of the
minimum population estimate as calculated, revised, or
approved by the Secretary;
(4) that if a dolphin mortality limit is exceeded
under--
(A) paragraph (1), all sets on dolphins shall
cease for the applicable fishing year; and
(B) paragraph (2) or (3), all sets on the
stocks covered under paragraph (2) or (3) and
any mixed schools that contain any of those
stocks shall cease for the applicable fishing
year;
(5) a scientific review and assessment to be
conducted in calendar year 1998 to--
(A) assess progress in meeting the objectives
set for calendar year 2000 under paragraph (2);
and
(B) as appropriate, consider recommendations
for meeting these objectives;
(6) a scientific review and assessment to be
conducted in calendar year 2000--
(A) to review the stocks covered under
paragraph (3); and
(B) as appropriate to consider
recommendations to further the objectives set
under that paragraph;
(7) the establishment of a per vessel maximum annual
dolphin mortality limit consistent with the established
per-year mortality limits, as determined under
paragraphs (1) through (3); and
(8) the provision of a system of incentives to vessel
captains to continue to reduce dolphin mortality, with
the goal of eliminating dolphin mortality.
SEC. 303.\6\ REGULATORY AUTHORITY OF THE SECRETARY.
(a) Regulations.--
(1) The Secretary shall issue regulations, and revise
those regulations as may be appropriate, to implement
the International Dolphin Conservation Program.
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\6\ 16 U.S.C. 1413. Sec. 6(c) of Public Law 105-42 (111 Stat. 1130)
struck out sec. 303 and inserted in lieu thereof a new sec. 303.
Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
amendment made by sec. 6(c) would become effective upon certification
by the Secretary of Commerce that sufficient funding is available to
complete the first year of the study required under section 304(a) of
the Marine Mammal Protection Act of 1972 and the study has commenced;
and certification by the Secretary of State to Congress that a binding
resolution of the Inter-American Tropical Tuna Commission or other
legally binding instrument establishing the International Dolphin
Conservation Program has been adopted and is in force.
The Secretary of Commerce made the certification referred to in
sec. 8 on July 27, 1998; the Secretary of State made the certification
on March 3, 1999.
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(2)(A) The Secretary shall issue regulations to
authorize and govern the taking of marine mammals in
the eastern tropical Pacific Ocean, including any
species of marine mammal designated as depleted under
this Act but not listed as endangered or threatened
under the Endangered Species Act (16 U.S.C. 1531 et
seq.), by vessels of the United States participating in
the International Dolphin Conservation Program.
(B) Regulations issued under this section shall
include provisions--
(i) requiring observers on each vessel;
(ii) requiring use of the backdown procedure
or other procedures equally or more effective
in avoiding mortality of, or serious injury to,
marine mammals in fishing operations;
(iii) prohibiting intentional sets on stocks
and schools in accordance with the
International Dolphin Conservation Program;
(iv) requiring the use of special equipment,
including dolphin safety panels in nets,
monitoring devices as identified by the
International Dolphin Conservation Program to
detect unsafe fishing conditions that may cause
high incidental dolphin mortality before nets
are deployed by a tuna vessel, operable rafts,
speedboats with towing bridles, floodlights in
operable condition, and diving masks and
snorkels;
(v) ensuring that the backdown procedure
during sets of purse seine net on marine
mammals is completed and rolling of the net to
sack up has begun no later than 30 minutes
before sundown;
(vi) banning the use of explosive devices in
all purse seine operations;
(vii) establishing per vessel maximum annual
dolphin mortality limits, total dolphin
mortality limits and per-stock per-year
mortality limits in accordance with the
International Dolphin Conservation Program;
(viii) preventing the making of intentional
sets on dolphins after reaching either the
vessel maximum annual dolphin mortality limits,
total dolphin mortality limits, or per-stock
per-year mortality limits;
(ix) preventing the fishing on dolphins by a
vessel without an assigned vessel dolphin
mortality limit;
(x) allowing for the authorization and
conduct of experimental fishing operations,
under such terms and conditions as the
Secretary may prescribe, for the purpose of
testing proposed improvements in fishing
techniques and equipment that may reduce or
eliminate dolphin mortality or serious injury
do not require the encirclement of dolphins in
the course of commercial yellowfin tuna
fishing;
(xi) authorizing fishing within the area
covered by the International Dolphin
Conservation Program by vessels of the United
States without the use of special equipment or
nets if the vessel takes an observer and does
not intentionally deploy nets on, or encircle,
dolphins, under such terms and conditions as
the Secretary may prescribe; and
(xii) containing such other restrictions and
requirements as the Secretary determines are
necessary to implement the International
Dolphin Conservation Program with respect to
vessels of the United States.
(C) Adjustments to requirements.--The Secretary may
make such adjustments as may be appropriate to
requirements of subparagraph (B) that pertain to
fishing gear, vessel equipment, and fishing practices
to the extent the adjustments are consistent with the
International Dolphin Conservation Program.
(b) Consultation.--In developing any regulation under this
section, the Secretary shall consult with the Secretary of
State, the Marine Mammal Commission, and the United States
Commissioners to the Inter-American Tropical Tuna Commission
appointed under section 3 of the Tuna Conventions Act of 1950
(16 U.S.C. 952).
(c) Emergency Regulations.--
(1) If the Secretary determines, on the basis of the
best scientific information available (including
research conducted under section 304 and information
obtained under the International Dolphin Conservation
Program) that the incidental mortality and serious
injury of marine mammals authorized under this title is
having, or is likely to have, a significant adverse
impact on a marine mammal stock or species, the
Secretary shall--
(A) notify the Inter-American Tropical Tuna
Commission of his or her determination, along
with recommendations to the Commission as to
actions necessary to reduce incidental
mortality and serious injury and mitigate such
adverse impact; and
(B) prescribe emergency regulations to reduce
incidental mortality and serious injury and
mitigate such adverse impact.
(2) Before taking action under subparagraph (A) or
(B) of paragraph (1), the Secretary shall consult with
the Secretary of State, the Marine Mammal Commission,
and the United States Commissioners to the Inter-
American Tropical Tuna Commission.
(3) Emergency regulations prescribed under this
subsection--
(A) shall be published in the Federal
Register, together with an explanation thereof;
(B) shall remain in effect for the duration
of the applicable fishing year; and
(C) may be terminated by the Secretary at an
earlier date by publication in the Federal
Register of a notice of termination if the
Secretary determines that the reasons for the
emergency action no longer exist.
(4) If the Secretary finds that the incidental
mortality and serious injury of marine mammals in the
yellowfin tuna fishery in the eastern tropical Pacific
Ocean is continuing to have a significant adverse
impact on a stock or species, the Secretary may extend
the emergency regulations for such additional periods
as may be necessary.
(5) Within 120 days after the Secretary notifies the
United States Commissioners to the Inter-American
Tropical Tuna Commission of the Secretary's
determination under paragraph (1)(A), the United States
Commissioners shall call for a special meeting of the
Commission to address the actions necessary to reduce
incidental mortality and serious injury and mitigate
the adverse impact which resulted in the determination.
The Commissioners shall report the results of the
special meeting in writing to the Secretary and to the
Secretary of State. In their report, the Commissioners
shall--
(A) include a description of the actions
taken by the harvesting nations or under the
International Dolphin Conservation Program to
reduce the incidental mortality and serious
injury and measures to mitigate the adverse
impact on the marine mammal species or stock;
(B) indicate whether, in their judgment, the
actions taken address the problem adequately;
and
(C) if they indicate that the actions taken
do not address the problem adequately, include
recommendations of such additional action to be
taken as may be necessary.
SEC. 304.\7\ RESEARCH.
(a) Required Research.--
(1) In general.--The Secretary shall, in consultation
with the Marine Mammal Commission and the Inter-
American Tropical Tuna Commission, conduct a study of
the effect of intentional encirclement (including
chase) on dolphins and dolphin stocks incidentally
taken in the course of purse seine fishing for
yellowfin tuna in the eastern tropical Pacific Ocean.
The study, which shall commence on October 1, 1997,
shall consist of abundance surveys as described in
paragraph (2) and stress studies as described in
paragraph (3), and shall address the question of
whether such encirclement is having a significant
adverse impact on any depleted dolphin stock in the
eastern tropical Pacific Ocean.
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\7\ 16 U.S.C. 1414a. Sec. 6(c) of Public Law 105-42 (111 Stat.
1130) struck out sec. 304 and inserted in lieu thereof a new sec. 304.
---------------------------------------------------------------------------
(2) Population abundance surveys.--The abundance
surveys under this subsection shall survey the
abundance of such depleted stocks and shall be
conducted during each of the calendar years 1998, 1999,
and 2000.
(3) Stress studies.--The stress studies under this
subsection shall include--
(A) a review of relevant stress-related
research and a 3-year series of necropsy
samples from dolphins obtained by commercial
vessels;
(B) a 1-year review of relevant historical
demographic and biological data related to
dolphins and dolphin stocks referred to in
paragraph (1); and
(C) an experiment involving the repeated
chasing and capturing of dolphins by means of
intentional encirclement.
(4) Report.--No later than 90 days after publishing
the finding under subsection (g)(2) of the Dolphin
Protection Consumer Information Act, the Secretary
shall complete and submit a report containing the
results of the research described in this subsection to
the United States Senate Committee on Commerce,
Science, and Transportation and the United States House
of Representatives Committees on Resources and on
Commerce, and to the Inter-American Tropical Tuna
Commission.
(b) Other Research.--
(1) In general.--In addition to conducting the
research described in subsection (a), the Secretary
shall, in consultation with the Marine Mammal
Commission and in cooperation with the nations
participating in the International Dolphin Conservation
Program and the Inter-American Tropical Tuna
Commission, undertake or support appropriate scientific
research to further the goals of the International
Dolphin Conservation Program.
(2) Specific areas of research.--Research carried out
under paragraph (1) may include--
(A) projects to devise cost-effective fishing
methods and gear so as to reduce, with the goal
of eliminating, the incidental mortality and
serious injury of marine mammals in connection
with commercial purse seine fishing in the
eastern tropical Pacific Ocean;
(B) projects to develop cost-effective
methods of fishing for mature yellowfin tuna
without setting nets on dolphins or other
marine mammals;
(C) projects to carry out stock assessments
for those marine mammal species and marine
mammal stocks taken in the purse seine fishery
for yellowfin tuna in the eastern tropical
Pacific Ocean, including species or stocks not
within waters under the jurisdiction of the
United States; and
(D) projects to determine the extent to which
the incidental take of nontarget species,
including juvenile tuna, occurs in the course
of purse seine fishing for yellowfin tuna in
the eastern tropical Pacific Ocean, the
geographic location of the incidental take, and
the impact of that incidental take on tuna
stocks and nontarget species.
(c) Authorization of Appropriations.--
(1) There are authorized to be appropriated to the
Secretary the following amounts, to be used by the
Secretary to carry out the research described in
subsection (a):
(A) $4,000,000 for fiscal year 1998.
(B) $3,000,000 for fiscal year 1999.
(C) $4,000,000 for fiscal year 2000.
(D) $1,000,000 for fiscal year 2001.
(2) In addition to the amount authorized to be
appropriated under paragraph (1), there are authorized
to be appropriated to the Secretary for carrying out
this section $3,000,000 for each of the fiscal years
1998, 1999, 2000, and 2001.
SEC. 305.\8\ REPORTS BY THE SECRETARY.
Notwithstanding section 103(f), the Secretary shall submit
annual reports to the Congress which include--
---------------------------------------------------------------------------
\8\ 16 U.S.C. 1415. Sec. 6(c) of Public Law 105-42 (111 Stat. 1130)
struck out sec. 305 and inserted in lieu thereof a new sec. 305.
Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
amendment made by sec. 6(c) would become effective upon certification
by the Secretary of Commerce that sufficient funding is available to
complete the first year of the study required under section 304(a) of
the Marine Mammal Protection Act of 1972 and the study has commenced;
and certification by the Secretary of State to Congress that a binding
resolution of the Inter-American Tropical Tuna Commission or other
legally binding instrument establishing the International Dolphin
Conservation Program has been adopted and is in force.
The Secretary of Commerce made the certification referred to in
sec. 8 on July 27, 1998; the Secretary of State made the certification
on March 3, 1999.
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(1) results of research conducted pursuant to section
304;
(2) a description of the status and trends of stocks
of tuna;
(3) a description of the efforts to assess, avoid,
reduce, and minimize the bycatch of juvenile yellowfin
tuna and bycatch of nontarget species;
(4) a description of the activities of the
International Dolphin Conservation Program and of the
efforts of the United States in support of the
Program's goals and objectives, including the
protection of dolphin stocks in the eastern tropical
Pacific Ocean, and an assessment of the effectiveness
of the Program;
(5) actions taken by the Secretary under section
101(a)(2)(B) and section 101(d);
(6) copies of any relevant resolutions and decisions
of the Inter-American Tropical Tuna Commission, and any
regulations promulgated by the Secretary under this
title; and
(7) any other information deemed relevant by the
Secretary.
SEC. 306.\9\ PERMITS.
(a) In General.--
(1) Consistent with the regulations issued pursuant
to section 303, the Secretary shall issue a permit to a
vessel of the United States authorizing participation
in the International Dolphin Conservation Program and
may require a permit for the person actually in charge
of and controlling the fishing operation of the vessel.
The Secretary shall prescribe such procedures as are
necessary to carry out this subsection, including
requiring the submission of--
---------------------------------------------------------------------------
\9\ 16 U.S.C. 1416. Sec. 6(c) of Public Law 105-42 (111 Stat. 1130)
struck out sec. 306 and inserted in lieu thereof a new sec. 306.
Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
amendment made by sec. 6(c) would become effective upon certification
by the Secretary of Commerce that sufficient funding is available to
complete the first year of the study required under section 304(a) of
the Marine Mammal Protection Act of 1972 and the study has commenced;
and certification by the Secretary of State to Congress that a binding
resolution of the Inter-American Tropical Tuna Commission or other
legally binding instrument establishing the International Dolphin
Conservation Program has been adopted and is in force.
The Secretary of Commerce made the certification referred to in
sec. 8 on July 27, 1998; the Secretary of State made the certification
on March 3, 1999.
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(A) the name and official number or other
identification of each fishing vessel for which
a permit is sought, together with the name and
address of the owner thereof; and
(B) the tonnage, hold capacity, speed,
processing equipment, and type and quantity of
gear, including an inventory of special
equipment required under section 303, with
respect to each vessel.
(2) The Secretary is authorized to charge a fee for
granting an authorization and issuing a permit under
this section. The level of fees charged under this
paragraph may not exceed the administrative cost
incurred in granting an authorization and issuing a
permit. Fees collected under this paragraph shall be
available to the Under Secretary of Commerce for Oceans
and Atmosphere for expenses incurred in granting
authorizations and issuing permits under this section.
(3) After the effective date of the International
Dolphin Conservation Program Act, no vessel of the
United States shall operate in the yellowfin tuna
fishery in the eastern tropical Pacific Ocean without a
valid permit issued under this section.
(b) Permit Sanctions.--
(1) In any case in which--
(A) a vessel for which a permit has been
issued under this section has been used in the
commission of an act prohibited under section
307;
(B) the owner or operator of any such vessel
or any other person who has applied for or been
issued a permit under this section has acted in
violation of section 307; or
(C) any civil penalty or criminal fine
imposed on a vessel, owner or operator of a
vessel, or other person who has applied for or
been issued a permit under this section has not
been paid or is overdue, the Secretary may--
(i) revoke any permit with respect to
such vessel, with or without prejudice
to the issuance of subsequent permits;
(ii) suspend such permit for a period
of time considered by the Secretary to
be appropriate;
(iii) deny such permit; or
(iv) impose additional conditions or
restrictions on any permit issued to,
or applied for by, any such vessel or
person under this section.
(2) In imposing a sanction under this subsection, the
Secretary shall take into account--
(A) the nature, circumstances, extent, and
gravity of the prohibited acts for which the
sanction is imposed; and
(B) with respect to the violator, the degree
of culpability, any history of prior offenses,
and other such matters as justice requires.
(3) Transfer of ownership of a vessel, by sale or
otherwise, shall not extinguish any permit sanction
that is in effect or is pending at the time of transfer
of ownership. Before executing the transfer of
ownership of a vessel, by sale or otherwise, the owner
shall disclose in writing to the prospective transferee
the existence of any permit sanction that will be in
effect or pending with respect to the vessel at the
time of transfer.
(4) In the case of any permit that is suspended for
the failure to pay a civil penalty or criminal fine,
the Secretary shall reinstate the permit upon payment
of the penalty or fine and interest thereon at the
prevailing rate.
(5) No sanctions shall be imposed under this section
unless there has been a prior opportunity for a hearing
on the facts underlying the violation for which the
sanction is imposed, either in conjunction with a civil
penalty proceeding under this title or otherwise.
SEC. 307.\10\ PROHIBITIONS.
(a) In General.--It is unlawful--
---------------------------------------------------------------------------
\10\ 16 U.S.C. 1417.
---------------------------------------------------------------------------
(1) \11\ for any person to sell, purchase, offer for
sale, transport, or ship, in the United States, any
tuna or tuna product unless the tuna or tuna product is
either dolphin safe or has been harvested in compliance
with the international Dolphin Conservation Program by
a country that is a member of the Inter-American
Tropical Tuna Commission or has initiated and within 6
months thereafter completed all steps required of
applicant nations in accordance with Article V,
paragraph 3 of the Convention establishing the Inter-
American Tropical Tuna Commission, to become a member
of that organization;
---------------------------------------------------------------------------
\11\ Sec. 6(d) of Public Law 105-42 (111 Stat. 1136) amended and
restated para. (1), which previously read as follows:
``(1) for any person, after June 1, 1994, to sell, purchase, offer
for sale, transport, or ship, in the United States, any tuna or tuna
product that is not dolphin safe;''.
Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
amendment made by sec. 6(d) would become effective upon certification
by the Secretary of Commerce that sufficient funding is available to
complete the first year of the study required under section 304(a) of
the Marine Mammal Protection Act of 1972 and the study has commenced;
and certification by the Secretary of State to Congress that a binding
resolution of the Inter-American Tropical Tuna Commission or other
legally binding instrument establishing the International Dolphin
Conservation Program has been adopted and is in force.
The Secretary of Commerce made the certification referred to in
sec. 8 on July 27, 1998; the Secretary of State made the certification
on March 3, 1999.
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(2) \12\ except as provided for in subsection 101(d),
for any person or vessel subject to the jurisdiction of
the United States intentionally to set a purse seine
net on or to encircle any marine mammal in the course
of tuna fishing operations in the eastern tropical
Pacific Ocean except in accordance with this title and
regulations issued pursuant to this title; and
---------------------------------------------------------------------------
\12\ Sec. 6(d)(1) of Public Law 105-42 (111 Stat. 1136) amended and
restated para. (2), which previously read as follows:
``(2) for any person or vessel that is subject to the jurisdiction
of the United States, intentionally to set a purse seine net on or to
encircle any marine mammal during any tuna fishing operation after
February 28, 1994, except--
---------------------------------------------------------------------------
``(A) as necessary for scientific research approved by the Inter-American
Tropical Tuna Commission;
``(B) in accordance with a recommendation that is approved under section
302(c)(2); or
``(C) as authorized by the general permit issued to the American Tunaboat
Association on December 1, 1980 (including any additional restrictions
applicable under section 306(a)), notwithstanding any agreement under
section 302 with a country that is not a major purse seine tuna fishing
country (as that term is defined in section 306(c));''.
---------------------------------------------------------------------------
Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
amendment made by sec. 6(d)(1) would become effective upon
certification by the Secretary of Commerce that sufficient funding is
available to complete the first year of the study required under
section 304(a) of the Marine Mammal Protection Act of 1972 and the
study has commenced; and certification by the Secretary of State to
Congress that a binding resolution of the Inter-American Tropical Tuna
Commission or other legally binding instrument establishing the
International Dolphin Conservation Program has been adopted and is in
force.
The Secretary of Commerce made the certification referred to in
sec. 8 on July 27, 1998; the Secretary of State made the certification
on March 3, 1999.
---------------------------------------------------------------------------
(3) \13\ for any person to import any yellowfin tuna
or yellowfin tuna product or any other fish or fish
product in violation of a ban on importation imposed
under section 101(a)(2);
---------------------------------------------------------------------------
\13\ Sec. 6(d) of Public Law 105-42 (111 Stat. 1136) amended and
restated para. (3), which previously read as follows:
``(3) for any person to import any yellowfin tuna or yellowfin tuna
product or any other fish or fish product in violation of a ban on
importation imposed under section 305(b) (1) or (2);''.
Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
amendment made by sec. 6(d) would become effective upon certification
by the Secretary of Commerce that sufficient funding is available to
complete the first year of the study required under section 304(a) of
the Marine Mammal Protection Act of 1972 and the study has commenced;
and certification by the Secretary of State to Congress that a binding
resolution of the Inter-American Tropical Tuna Commission or other
legally binding instrument establishing the International Dolphin
Conservation Program has been adopted and is in force.
The Secretary of Commerce made the certification referred to in
sec. 8 on July 27, 1998; the Secretary of State made the certification
on March 3, 1999.
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(4) for any person to violate any regulation
promulgated under this title;
(5) for any person to refuse to permit any duly
authorized officer to board a vessel subject to that
person's control for purposes of conducting any search
or inspection in connection with the enforcement of
this title; and
(6) for any person to assault, resist, oppose,
impede, intimidate, or interfere with any such
authorized officer in the conduct of any search or
inspection described in paragraph (5).
(b) Penalties.--
(1) Civil penalty.--A person that knowingly and
willfully violates subsection (a) (1), (2), (3), (4),
or (5) shall be subject to a civil penalty under
section 105(a).
(2) Criminal penalty.--A person that knowingly and
willfully violates subsection (a)(5) or \14\ (a)(6)
shall be subject to a criminal penalty under section
105(b).
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\14\ Sec. 6(d)(2) of Public Law 105-42 (111 Stat. 1136) inserted
``(a)(5) or''.
---------------------------------------------------------------------------
(c) \15\ Civil Forfeitures.--Any vessel (including its
fishing gear, appurtenances, stores, and cargo) used, and any
fish (or its fair market value) taken or retained, in any
manner, in connection with or as a result of the commission of
any act prohibited by this section shall be subject to
forfeiture to the United States in the manner provided in
section 310 of the Magnuson-Stevens Fishery Conservation and
Management Act.\16\
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\15\ Sec. 6(d)(3) of Public Law 105-42 (111 Stat. 1137) struck out
subsec. (d) which previously appeared after subsec. (c).
Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
amendment made by sec. 6(d)(3) would become effective upon
certification by the Secretary of Commerce that sufficient funding is
available to complete the first year of the study required under
section 304(a) of the Marine Mammal Protection Act of 1972 and the
study has commenced; and certification by the Secretary of State to
Congress that a binding resolution of the Inter-American Tropical Tuna
Commission or other legally binding instrument establishing the
International Dolphin Conservation Program has been adopted and is in
force.
The Secretary of Commerce made the certification referred to in
sec. 8 on July 27, 1998; the Secretary of State made the certification
on March 3, 1999.
\16\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
SEC. 308.\17\ * * * [REPEALED--1997]
---------------------------------------------------------------------------
\17\ Sec. 6(e) of Public Law 105-42 (111 Stat. 1137) repealed sec.
308 which had provided for the authorization of appropriations for 1993
through 1998.
Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
amendment made by sec. 6(e) would become effective upon certification
by the Secretary of Commerce that sufficient funding is available to
complete the first year of the study required under section 304(a) of
the Marine Mammal Protection Act of 1972 and the study has commenced;
and certification by the Secretary of State to Congress that a binding
resolution of the Inter-American Tropical Tuna Commission or other
legally binding instrument establishing the International Dolphin
Conservation Program has been adopted and is in force.
The Secretary of Commerce made the certification referred to in
sec. 8 on July 27, 1998; the Secretary of State made the certification
on March 3, 1999.
b. International Dolphin Conservation Program Act
Partial text of Public Law 105-42 [H.R. 408], 111 Stat. 1122, approved
August 15, 1977
AN ACT To amend the Marine Mammal Protection Act of 1972 to support the
International Dolphin Conservation Program in the eastern tropical
Pacific Ocean, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the
``International Dolphin Conservation Program Act''.
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\1\ 16 U.S.C. 1361 note. For the most part, this Act amends the
Marine Mammal Protection Act of 1972 (Public Law 92-522) and the
Dolphin Protection Consumer Information Act (Public Law 101-627).
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(b) References to Marine Mammal Protection Act.--Except as
otherwise expressly provided, whenever in this Act an amendment
or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).
SEC. 2.\1\ PURPOSES AND FINDINGS.
(a) Purposes.--The purposes of this Act are--
(1) to give effect to the Declaration of Panama,
signed October 4, 1995, by the Governments of Belize,
Colombia, Costa Rica, Ecuador, France, Honduras,
Mexico, Panama, Spain, the United States of America,
Vanuatu, and Venezuela, including the establishment of
the International Dolphin Conservation Program,
relating to the protection of dolphins and other
species, and the conservation and management of tuna in
the eastern tropical Pacific Ocean;
(2) to recognize that nations fishing for tuna in the
eastern tropical Pacific Ocean have achieved
significant reductions in dolphin mortality associated
with that fishery; and
(3) to eliminate the ban on imports of tuna from
those nations that are in compliance with the
International Dolphin Conservation Program.
(b) Findings.--The Congress finds that--
(1) the nations that fish for tuna in the eastern
tropical Pacific Ocean have achieved significant
reductions in dolphin mortality associated with the
purse seine fishery from hundreds of thousands annually
to fewer than 5,000 annually;
(2) the provisions of the Marine Mammal Protection
Act of 1972 that impose a ban on imports from nations
that fish for tuna in the eastern tropical Pacific
Ocean have served as an incentive to reduce dolphin
mortalities;
(3) tuna canners and processors of the United States
have led the canning and processing industry in
promoting a dolphin-safe tuna market; and
(4) 12 signatory nations to the Declaration of
Panama, including the United States, agreed under that
Declaration to require that the total annual dolphin
mortality in the purse seine fishery for yellowfin tuna
in the eastern tropical Pacific Ocean not exceed 5,000
animals, with the objective of progressively reducing
dolphin mortality to a level approaching zero through
the setting of annual limits and with the goal of
eliminating dolphin mortality.
* * * * * * *
c. International Dolphin Conservation Act of 1992
Public Law 102-523 [H.R. 5419], 106 Stat. 3425, approved October 26,
1992
AN ACT To amend the Marine Mammal Protection Act of 1972 to authorize
the Secretary of State to enter into international agreements to
establish a global moratorium to prohibit harvesting of tuna through
the use of purse seine nets deployed on or to encircle dolphins or
other marine mammals, and for other purposes.
Note.--This Public Law consisted entirely of
amendments to other laws. Sec. 2 added a new Title III
to the Marine Mammal Protection Act of 1972 (Public Law
92-522; 16 U.S.C. 1361 et seq.), relating to a global
moratorium to prohibit certain tuna harvesting
practices. Sec. 3 amended the Tunas Conventions Act of
1950 and the South Pacific Tuna Act of 1988.
d. Dolphin Protection Consumer Information Act
Title IX of Public Law 101-627 [Fishery Conservation Amendments of
1990; H.R. 2061] 104 Stat. 4436 at 4465, approved November 28, 1990; as
amended by Public Law 104-208 [Department of Commerce and Related
Agencies Appropriations Act; title II of sec. 101(a) of title I of
Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September 30,
1996; and Public Law 105-42 [International Dolphin Conservation Program
Act; H.R. 408], 111 Stat. 1122, approved August 15, 1997
AN ACT To authorize appropriations to carry out the Magnuson-Stevens
Fishery Conservation and Management Act \1\ through fiscal year 1993,
and for other purposes.
* * * * * * *
TITLE IX--DOLPHIN PROTECTION CONSUMER INFORMATION
dolphin protection
Sec. 901.\2\ (a) Short Title.--This section may be cited as
the ``Dolphin Protection Consumer Information Act''.
---------------------------------------------------------------------------
\1\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
\2\ 16 U.S.C. 1385.
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(b) Findings.--The Congress finds that--
(1) dolphins and other marine mammals are frequently
killed in the course of tuna fishing operations in the
eastern tropical Pacific Ocean and high seas driftnet
fishing in other parts of the world;
(2) it is the policy of the United States to support
a worldwide ban on high seas driftnet fishing, in part
because of the harmful effects that such driftnets have
on marine mammals, including dolphins; and
(3) consumers would like to know if the tuna they
purchase is falsely labeled as the effect of harvesting
of the tuna on dolphins.
(c) Definitions.--For purposes of this section--
(1) the terms ``driftnet'' and ``driftnet fishing''
have the meanings given those terms in section 4003 of
the Driftnet Impact Monitoring, Assessment, and Control
Act of 1987 (16 U.S.C. 1822 note);
(2) the term ``eastern tropical Pacific Ocean'' means
the area of the Pacific Ocean bounded by 40 degrees
north latitude, 40 degrees south latitude, 160 degrees
west longitude, and the western coastlines of North,
Central, and South America;
(3) the term ``label'' means a display of written,
printed, or graphic matter on or affixed to the
immediate container of any article;
(4) the term ``Secretary'' means the Secretary of
Commerce; and
(5) the term ``tuna product'' means a food item which
contains tuna and which has been processed for retail
sale, except perishable sandwiches, salads, or other
products with a shelf life of less than 3 days.
(d) \3\ Labeling Standard.--
(1) It is a violation of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) for any producer,
importer, exporter, distributor, or seller of any tuna
product that is exported from or offered for sale in
the United States to include on the label of that
product the term `dolphin safe' or any other term or
symbol that falsely claims or suggests that the tuna
contained in the product were harvested using a method
of fishing that is not harmful to dolphins if the
product contains tuna harvested--
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\3\ Sec. 5(a) of Public Law 105-42 (111 Stat. 1125) amended and
restated subsec. (d).
Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
amendment made by sec. 5(a) would become effective upon certification
by the Secretary of Commerce that sufficient funding is available to
complete the first year of the study required under sec. 304(a) of the
Marine Mammal Protection Act of 1972 and the study has commenced; and
certification by the Secretary of State to Congress that a binding
resolution of the Inter-American Tropical Tuna Commission or other
legally binding instrument establishing the International Dolphin
Conservation Program has been adopted and is in force.
The Secretary of Commerce made the certification referred to in
sec. 8 on July 27, 1998, and the Secretary of State made the
certification on March 3, 1999.
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(A) on the high seas by a vessel engaged in
driftnet fishing;
(B) outside the eastern tropical Pacific
Ocean by a vessel using purse seine nets--
(i) in a fishery in which the
Secretary has determined that a regular
and significant association occurs
between dolphins and tuna (similar to
the association between dolphins and
tuna in the eastern tropical Pacific
Ocean), unless such product is
accompanied by a written statement,
executed by the captain of the vessel
and an observer participating in a
national or international program
acceptable to the Secretary, certifying
that no purse seine net was
intentionally deployed on or used to
encircle dolphins during the particular
voyage on which the tuna were caught
and no dolphins were killed or
seriously injured in the sets in which
the tuna were caught; or
(ii) in any other fishery (other than
a fishery described in subparagraph
(D)) unless the product is accompanied
by a written statement executed by the
captain of the vessel certifying that
no purse seine net was intentionally
deployed on or used to encircle
dolphins during the particular voyage
on which the tuna was harvested;
(C) in the eastern tropical Pacific Ocean by
a vessel using a purse seine net unless the
tuna meet the requirements for being considered
dolphin safe under paragraph (2); or
(D) by a vessel in a fishery other than one
described in subparagraph (A), (B), or (C) that
is identified by the Secretary as having a
regular and significant mortality or serious
injury of dolphins, unless such product is
accompanied by a written statement executed by
the captain of the vessel and an observer
participating in a national or international
program acceptable to the Secretary that no
dolphins were killed or seriously injured in
the sets or other gear deployments in which the
tuna were caught, provided that the Secretary
determines that such an observer statement is
necessary.
(2) For purposes of paragraph (1)(C), a tuna product
that contains tuna harvested in the eastern tropical
Pacific Ocean by a vessel using purse seine nets is
dolphin safe if--
(A) the vessel is of a type and size that the
Secretary has determined, consistent with the
International Dolphin Conservation Program, is
not capable of deploying its purse seine nets
on or to encircle dolphins; or
(B)(i) the product is accompanied by a
written statement executed by the captain
providing the certification required under
subsection (h);
(ii) the product is accompanied by a written
statement executed by--
(I) the Secretary or the Secretary's
designee;
(II) a representative of the Inter-
American Tropical Tuna Commission; or
(III) an authorized representative of
a participating nation whose national
program meets the requirements of the
International Dolphin Conservation
Program,
which states that there was an observer
approved by the International Dolphin
Conservation Program on board the vessel during
the entire trip and that such observer provided
the certification required under subsection
(h); and
(iii) the statements referred to in clauses
(i) and (ii) are endorsed in writing by each
exporter, importer, and processor of the
product; and
(C) the written statements and endorsements
referred to in subparagraph (B) comply with
regulations promulgated by the Secretary which
provide for the verification of tuna products
as dolphin safe.
(3)(A) The Secretary of Commerce shall develop an
official mark that may be used to label tuna products
as dolphin safe in accordance with this Act.
(B) A tuna product that bears the dolphin safe mark
developed under subparagraph (A) shall not bear any
other label or mark that refers to dolphins, porpoises,
or marine mammals.
(C) It is a violation of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) to label a tuna
product with any label or mark that refers to dolphins,
porpoises, or marine mammals other than the mark
developed under subparagraph (A) unless--
(i) no dolphins were killed or seriously
injured in the sets or other gear deployments
in which the tuna were caught;
(ii) the label is supported by a tracking and
verification program which is comparable in
effectiveness to the program established under
subsection (f); and
(iii) the label complies with all applicable
labeling, marketing, and advertising laws and
regulations of the Federal Trade Commission,
including any guidelines for environmental
labeling.
(D) If the Secretary determines that the use of a
label referred to in subparagraph (C) is substantially
undermining the conservation goals of the International
Dolphin Conservation Program, the Secretary shall
report that determination to the United States Senate
Committee on Commerce, Science, and Transportation and
the United States House of Representatives Committees
on Resources and on Commerce, along with
recommendations to correct such problems.
(E) It is a violation of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) willingly and
knowingly to use a label referred to in subparagraph
(C) in a campaign or effort to mislead or deceive
consumers about the level of protection afforded
dolphins under the International Dolphin Conservation
Program.
(e) Enforcement.--Any person who knowingly and willfully
makes a statement or endorsement described in subsection
(d)(2)(B) that is false is liable for a civil penalty of not to
exceed $100,000 assessed in an action brought in any
appropriate district court of the United States on behalf of
the Secretary.
(f) \4\ Regulations.--The Secretary, in consultation with
the Secretary of the Treasury, shall issue regulations to
implement this Act, including regulations to establish a
domestic tracking and verification program that provides for
the effective tracking of tuna labeled under subsection (d). In
the development of these regulations, the Secretary shall
establish appropriate procedures for ensuring the
confidentiality of proprietary information the submission of
which is voluntary or mandatory. The regulations shall address
each of the following items:
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\4\ Sec. 5(b) of Public Law 105-42 (111 Stat. 1127) amended and
restated subsec. (f), which previously read as follows:
``(f) Regulations.--The Secretary, in consultation with the
Secretary of the Treasury, shall issue regulations to implement this
section not later than 6 months after the date of the enactment of this
Act, including regulations establishing procedures and requirements for
ensuring that tuna products are labeled in accordance with subsection
(d).''.
Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
amendment made by sec. 5(b) would become effective upon certification
by the Secretary of Commerce that sufficient funding is available to
complete the first year of the study required under sec. 304(a) of the
Marine Mammal Protection Act of 1972 and the study has commenced; and
certification by the Secretary of State to Congress that a binding
resolution of the Inter-American Tropical Tuna Commission or other
legally binding instrument establishing the International Dolphin
Conservation Program has been adopted and is in force.
The Secretary of Commerce made the certification referred to in
sec. 8 on July 27, 1998, and the Secretary of State made the
certification on March 3, 1999.
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(1) The use of weight calculation for purposes of
tracking tuna caught, landed, processed, and exported.
(2) Additional measures to enhance current observer
coverage, including the establishment of criteria for
training, and for improving monitoring and reporting
capabilities and procedures.
(3) The designation of well location, procedures for
sealing holds, procedures for monitoring and certifying
both above and below deck, or through equally effective
methods, the tracking and verification of tuna labeled
under subsection (d).
(4) The reporting, receipt, and database storage of
radio and facsimile transmittals from fishing vessels
containing information related to the tracking and
verification of tuna, and the definition of set.
(5) The shore-based verification and tracking
throughout the fishing, transshipment, and canning
process by means of Inter-American Tropical Tuna
Commission trip records or otherwise.
(6) The use of periodic audits and spot checks for
caught, landed, and processed tuna products labeled in
accordance with subsection (d).
(7) The provision of timely access to data required
under this subsection by the Secretary from harvesting
nations to undertake the actions required in paragraph
(6) of this paragraph.
The Secretary may make such adjustments as may be appropriate
to the regulations promulgated under this subsection to
implement an international tracking and verification program
that meets or exceeds the minimum requirements established by
the Secretary under this subsection.
(g) \5\ Secretarial Findings.--(1) Between March 1, 1999,
and March 31, 1999, the Secretary shall, on the basis of the
research conducted before March 1, 1999, under section 304(a)
of the Marine Mammal Protection Act of 1972, information
obtained under the International Dolphin Conservation Program,
and any other relevant information, make an initial finding
regarding whether the intentional deployment on or encirclement
of dolphins with purse seine nets is having a significant
adverse impact on any depleted dolphin stock in the eastern
tropical Pacific Ocean. The initial finding shall be published
immediately in the Federal Register and shall become effective
upon a subsequent date determined by the Secretary.
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\5\ Sec. 5(c) of Public Law 105-42 (111 Stat. 1128) struck out
subsecs. (g), (h), and (i), and inserted in lieu thereof new subsecs.
(g) and (h). Subsec. (g) amended sec. 101(a)(2) of the Marine Mammal
Protection Act of 1972. Subsecs. (h) and (i) previously read as
follows:
``(h) Negotiations.--The Secretary of State shall immediately seek,
through negotiations and discussions with appropriate foreign
governments, to reduce and, as soon as possible, eliminate the practice
of harvesting tuna through the use of purse seine nets intentionally
deployed to encircle dolphins.
``(i) Effective Date.--Subsections (d) and (e) shall take effect 6
months after the date of the enactment of this Act.''.
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(2) Between July 1, 2001, and December 31, 2002, the
Secretary shall, on the basis of the completed study conducted
under section 304(a) of the Marine Mammal Protection Act of
1972, information obtained under the International Dolphin
Conservation Program, and any other relevant information, make
a finding regarding whether the intentional deployment on or
encirclement of dolphins with purse seine nets is having a
significant adverse impact on any depleted dolphin stock in the
eastern tropical Pacific Ocean. The finding shall be published
immediately in the Federal Register and shall become effective
upon a subsequent date determined by the Secretary.
(h) \5\ Certification by Captain and Observer.--
(1) Unless otherwise required by paragraph (2), the
certification by the captain under subsection
(d)(2)(B)(i) and the certification provided by the
observer as specified in subsection (d)(2)(B)(ii) shall
be that no dolphins were killed or seriously injured
during the sets in which the tuna were caught.
(2) The certification by the captain under subsection
(d)(2)(B)(i) and the certification provided by the
observer as specified under subsection (d)(2)(B)(ii)
shall be that no tuna were caught on the trip in which
such tuna were harvested using a purse seine net
intentionally deployed on or to encircle dolphins, and
that no dolphins were killed or seriously injured
during the sets in which the tuna were caught, if the
tuna were caught on a trip commencing--
(A) before the effective date of the initial
finding by the Secretary under subsection
(g)(1);
(B) after the effective date of such initial
finding and before the effective date of the
finding of the Secretary under subsection
(g)(2), where the initial finding is that the
intentional deployment on or encirclement of
dolphins is having a significant adverse impact
on any depleted dolphin stock; or
(C) after the effective date of the finding
under subsection (g)(2), where such finding is
that the intentional deployment on or
encirclement of dolphins is having a
significant adverse impact on any such depleted
stock.
6. North Pacific Anadromous Stocks Act of 1992
Partial text of Public Law 102-567 [National Oceanic and Atmospheric
Administration Authorization Act of 1992, H.R. 2130], 106 Stat. 4270 at
4309, approved October 29, 1992; as amended by Public Law 104-43
[Fisheries Act of 1995; H.R. 716], 109 Stat. 366, approved November 3,
1995; and Public Law 106-562 [H.R. 1653], 114 Stat. 2784, approved
December 23, 2005
AN ACT To authorize appropriations for the National Oceanic and
Atmospheric Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE VIII--NORTH PACIFIC ANADROMOUS STOCKS CONVENTION
SEC. 801.\1\ SHORT TITLE.
This title may be cited as the ``North Pacific Anadromous
Stocks Act of 1992''.
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\1\ 16 U.S.C. 5001 note. See also the North Pacific Anadromous
Stocks Convention Act of 1992 (title VIII of Public Law 102-587; 106
Stat. 5098).
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SEC. 802.\2\ PURPOSE.
It is the purpose of this title to implement the Convention
for the Conservation of Anadromous Stocks in the North Pacific
Ocean, signed in Moscow, February 11, 1992.
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\2\ 16 U.S.C. 5001.
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SEC. 803.\3\ DEFINITIONS.
As used in this title, the term--
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\3\ 16 U.S.C. 5002.
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(1) ``Anadromous stocks'' means stocks of species
listed in the Annex to the Convention that migrate into
the Convention area.
(2) ``Anadromous fish'' means fish of the species
listed in the Annex to the Convention that migrate into
the Convention area.
(3) ``Authorized officer'' means a law enforcement
official authorized to enforce this title under section
809(a).
(4) ``Commission'' means the North Pacific Anadromous
Fish Commission provided for by article VIII of the
Convention.
(5) ``Convention'' means the Convention for the
Conservation of Anadromous Stocks of the North Pacific
Ocean, signed in Moscow, February 11, 1992.
(6) ``Convention area'' means the waters of the North
Pacific Ocean and its adjacent seas, north of 33
degrees North Latitude, beyond 200 nautical miles from
the baselines from which the breadth of the territorial
sea is measured.
(7) ``Directed fishing'' means fishing targeted at a
particular species or stock of fish.
(8) ``Ecologically related species'' means living
marine species which are associated with anadromous
stocks found in the Convention area, including, but not
restricted to, both predators and prey of anadromous
fish.
(9) ``Enforcement officer'' means a law enforcement
official authorized by any Party to enforce this title.
(10) ``Exclusive economic zone'' means the zone
established by Proclamation Numbered 5030, dated March
10, 1983. For purposes of applying this title, the
inner boundary of that zone is a line coterminous with
the seaward boundary of each of the coastal States.
(11) ``Fish'' means finfish, mollusks, crustaceans,
and all other forms of marine animal and plant life
other than marine mammals and birds.
(12) ``Fishing'' means--
(A) the catching, taking, or harvesting of
fish, or any other activity that can reasonably
be expected to result in the catching, taking,
or harvesting of fish; or
(B) any operation at sea in preparation for
or in direct support of any activity described
in subparagraph (A).
(13) ``Fishing vessel'' means--
(A) any vessel engaged in catching fish
within the Convention area or in processing or
transporting fish loaded in the Convention
area;
(B) any vessel outfitted to engage in any
activity described in subparagraph (A);
(C) \4\ any vessel supporting a vessel
described in subparagraph (A) or (B).
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\4\ Sec. 404(b) of Public Law 104-43 (109 Stat. 391) amended and
restated subpara. (C).
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(14) ``Incidental taking'' means catching, taking, or
harvesting a species or stock of fish while conducting
directed fishing for another species or stock of fish.
(15) ``Party'' means Canada, Japan, the Russian
Federation, the United States, and any other nation
that may accede to the Convention.
(16) ``Secretary'' means the Secretary of State.
(17) ``United States Section'' means the United
States Commissioners of the Commission.
SEC. 804.\5\ UNITED STATES COMMISSIONERS.
(a) Commissioners.--The United States shall be represented
on the Commission by not more than three United States
Commissioners to be appointed by and serve at the pleasure of
the President. Each United States Commissioner shall be
appointed for a term of office not to exceed 4 years, but is
eligible for reappointment. Individuals serving as such
Commissioners shall not be considered to be Federal employees
while performing such service, except for purposes of injury
compensation or tort claims liability as provided in chapter 81
of title 5, United States Code, and chapter 171 of title 28,
United States Code.\6\ Of the Commissioners--
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\5\ 16 U.S.C. 5003.
\6\ Sec. 304(b) of Public Law 106-562 (114 Stat. 2807) inserted
this sentence.
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(1) one shall be an official of the United States
Government;
(2) one shall be a resident of the State of Alaska;
and
(3) one shall be a resident of the State of
Washington.
An individual is not eligible for appointment under paragraph
(2) or (3) as a Commissioner unless the individual is
knowledgeable or experienced concerning the anadromous stocks
and ecologically related species of the North Pacific Ocean.
(b) \7\ Alternate Commissioners.--The Secretary, in
consultation with the Secretary of Commerce, may designate from
time to time Alternate United States Commissioners to the
Commission. An Alternate United States Commissioner may
exercise all designated powers and duties of a United States
Commissioner in the absence of a duly designated Commissioner
for whatever reason. The number of such Alternate United States
Commissioners that may be designated for any such meeting shall
be limited to the number of authorized United States
Commissioners that will not be present.
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\7\ The functions vested in the Secretary of State by secs. 804(b),
805(a)(4), 806, 807(a), 807(b), and 813 of this Act were delegated to
the Assistant Secretary of State for Oceans and International
Environmental and Scientific Affairs (Department of State Public Notice
1743 of December 11, 1992; 57 F.R. 61468).
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(c) United States Section.--The United States Section, in
consultation with the Advisory Panel established in section
805, shall identify and recommend to the Commission research
needs and priorities for anadromous stocks and ecologically
related species subject to the Convention, and oversee the
United States research programs involving such fisheries,
stocks, and species.
(d) Compensation.--United States Commissioners and
Alternate United States Commissioners shall receive no
compensation for their services as Commissioners and Alternate
Commissioners.
SEC. 805.\8\ ADVISORY PANEL.
(a) Establishment of Panel.--An Advisory Panel to the
United States Section is established. The Advisory Panel shall
be composed of the following:
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\8\ 16 U.S.C. 5004.
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(1) The Commissioner of the Alaska Department of Fish
and Game.
(2) The Director of the Washington Department of
Fisheries.
(3) One representative of the Pacific States Marine
Fisheries Commission, designated by the Executive
Director of that commission.
(4) \7\ Eleven members (six of whom shall be
residents of the State of Alaska and five of whom shall
be residents of the State of Washington), appointed by
the Secretary, in consultation with the Secretary of
Commerce, from among a slate of 12 persons nominated by
the Governor of Alaska and a slate of 10 persons
nominated by the Governor of Washington.
(b) Qualifications.--Persons appointed to the Advisory
Panel shall be individuals who are knowledgeable or experienced
concerning anadromous stocks and ecologically related species.
In submitting a slate of nominees pursuant to subsection
(a)(4), the Governors of Alaska and Washington shall seek to
represent the broad range of parties interested in anadromous
stocks and ecologically related species, and at a minimum shall
include on each slate at least one representative of commercial
salmon fishing interests and of environmental interests
concerned with protection of living marine resources.
(c) Limitation on Service.--Any person appointed to the
Advisory Panel pursuant to subsection (a)(4) shall serve for a
term not to exceed 4 years, and may not serve more than two
consecutive terms.
(d) Functions.--The Advisory Panel shall be invited to all
nonexecutive meetings of the United States Section and at such
meetings shall be granted the opportunity to examine and to be
heard on all proposed programs of study and investigation,
reports, and recommendations of the United States Section.
(e) Compensation and Expenses.--The members of the Advisory
Panel shall receive no compensation or travel expenses for
their services as such members.
SEC. 806.\7\, \9\ COMMISSION RECOMMENDATIONS.
The Secretary,\6\ with the concurrence of the Secretary of
Commerce, may accept or reject, on behalf of the United States,
recommendations made by the Commission in accordance with
article IX of the Convention.
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\9\ 16 U.S.C. 5005.
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SEC. 807.\10\ ADMINISTRATION AND ENFORCEMENT OF CONVENTION.
(a) \7\ Responsibilities.--The Secretary of Commerce shall
be responsible for administering provisions of the Convention,
this title, and regulations issued under this title. The
Secretary, in consultation with the Secretary of Commerce and
the Secretary of Transportation, shall be responsible for
coordinating the participation of the United States in the
Commission.
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\10\ 16 U.S.C. 5006.
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(b) \7\ Consultation and Cooperation.--In carrying out such
functions, the Secretary of Commerce--
(1) shall, in consultation with the Secretary of
Transportation and the United States Section, issue
such regulations as may be necessary to carry out the
purposes and objectives of the Convention and this
title; and
(2) may, with the concurrence of the Secretary,
cooperate with the authorized officials of the
government of any Party.
SEC. 808.\11\ COOPERATION WITH OTHER AGENCIES.
(a) In General.--Any agency of the Federal Government is
authorized, upon request of the Commission, to cooperate in the
conduct of scientific and other programs, and to furnish, on a
reimbursable basis, facilities and personnel for the purpose of
assisting the Commission in carrying out its duties under the
Convention. Such agency may accept reimbursement from the
Commission.
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\11\ 16 U.S.C. 5007.
---------------------------------------------------------------------------
(b) Functions of Secretary of Commerce.--In carrying out
the provisions of the Convention and this title, the Secretary
of Commerce may arrange for cooperation with agencies of the
United States, the States, private institutions and
organizations, and agencies of the government of any Party, to
conduct scientific and other programs, and may execute such
memoranda as may be necessary to reflect such agreements.
SEC. 809.\12\ ENFORCEMENT PROVISIONS.
(a) Duties of Secretaries of Commerce and Transportation.--
This title shall be enforced by the Secretary of Commerce and
the Secretary of Transportation. Such Secretaries may by
agreement utilize, on a reimbursable basis or otherwise, the
personnel, services, equipment (including aircraft and
vessels), and facilities of any other Federal agency, including
all elements of the Department of Defense, and of any State
agency, in the performance of such duties. Such Secretaries
shall, and the head of any Federal or State agency that has
entered into an agreement with either such Secretary under the
preceding sentence may (if the agreement so provides),
authorize officers to enforce the provisions of the Convention,
this title, and regulations issued under this title. Any such
agreement or contract entered into pursuant to this section
shall be effective only to such extent or in such amounts as
are provided in advance in appropriations Acts.
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\12\ 16 U.S.C. 5008.
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(b) District Court Jurisdiction.--The district courts of
the United States shall have exclusive jurisdiction over any
case or controversy arising under the provisions of this title.
(c) Powers of Enforcement Officers.--Authorized officers
may, shoreward of the outer boundary of the exclusive economic
zone, or during hot pursuit from the zone--
(1) with or without a warrant or other process--
(A) arrest any person, if the officer has
reasonable cause to believe that such person
has committed an act prohibited by section 810;
(B) board, and search or inspect, any fishing
vessel subject to the provisions of the
Convention and this title;
(C) seize any fishing vessel (together with
its fishing gear, furniture, appurtenances,
stores, and cargo) used or employed in, or with
respect to which it reasonably appears that
such vessel was used or employed in, the
violation of any provision of the Convention,
this title, or regulations issued under this
title;
(D) seize any fish (wherever found) taken or
retained in violation of any provision referred
to in subparagraph (C);
(E) seize any other evidence related to any
violation of any provision referred to in
subparagraph (C);
(2) execute any warrant or other process issued by
any court of competent jurisdiction; and
(3) exercise any other lawful authority.
(d) Additional Powers.--(1) An authorized officer may in
the Convention area--
(A) board a vessel of any Party that reasonably can
be believed to be engaged in directed fishing for,
incidental taking of, or processing of anadromous fish,
and, without warrant or process, inspect equipment,
logs, documents, catch, and other articles, and
question persons, on board the vessel, for the purpose
of carrying out the provisions of the Convention, this
title, or any regulation issued under this title; and
(B) If any such vessel or person on board is actually
engaged in operations in violation of any such
provision, or there is reasonable ground to believe any
person or vessel was obviously so engaged before the
boarding of such vessel by the authorized officer,
arrest or seize such person or vessel and further
investigate the circumstance if necessary.
If an authorized officer, after boarding and investigation, has
reasonable cause to believe that any such fishing vessel or
person engaged in operations in violation of any provision
referred to in subparagraph (A), the officer shall deliver the
vessel or person as promptly as practicable to the enforcement
officers of the appropriate Party, in accordance with the
provisions of the Convention.
(2) When requested by the appropriate authorities of a
Party, an authorized officer may be directed to attend as a
witness, and to produce such available records and files or
duly certified copies thereof as may be necessary, for the
prosecution by that Party of any violation of the provisions of
the Convention or any law of that Party relating to the
enforcement thereof.
SEC. 810.\13\ UNLAWFUL ACTIVITIES.
It is unlawful for any person or fishing vessel subject to
the jurisdiction of the United States--
---------------------------------------------------------------------------
\13\ 16 U.S.C. 5009.
---------------------------------------------------------------------------
(1) to fish for any anadromous fish in the Convention
area;
(2) to retain on board any anadromous fish taken
incidentally in a fishery directed at nonanadromous
fish in the Convention area;
(3) to fail to return immediately to the sea any
anadromous fish taken incidentally in a fishery
directed at nonanadromous fish in the Convention area;
(4) to ship, transport, offer for sale, sell,
purchase, import, export, or have custody, control, or
possession of, any anadromous fish taken or retained in
violation of the Convention, this title, or any
regulation issued under this title;
(5) to refuse to permit any enforcement officer to
board a fishing vessel subject to such person's control
for purposes of conducting any search or inspection in
connection with the enforcement of the Convention, this
title, or any regulation issued under this title;
(6) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any enforcement officer
in the conduct of any search or inspection described in
paragraph (5);
(7) to resist a lawful arrest or detection for any
act prohibited by this section;
(8) to interfere with, delay, or prevent, by any
means, the apprehension, arrest, or detection of
another person, knowing that such person has committed
any act prohibited by this section; or
(9) to violate any provision of the Convention, this
title, or any regulation issued under this title.
SEC. 811.\14\ PENALTIES.
(a) Civil Penalties.--(1) Any person who is found by the
Secretary of Commerce, after notice and opportunity for a
hearing in accordance with section 554 of title 5, United
States Code, to have committed an act prohibited by section 810
shall be liable to the United States for a civil penalty. The
amount of the civil penalty shall not exceed $100,000 for each
violation. Each day of a continuing violation shall constitute
a separate offense. The amount of such civil penalty shall be
assessed by the Secretary of Commerce, or the Secretary's
designee, by written notice. In determining the amount of such
penalty, the Secretary of Commerce shall take into account the
nature, circumstances, extent, and gravity of the prohibited
acts committed and, with respect to the violation, the degree
of culpability, any history of prior offenses, ability to pay,
and such other matters as justice may require.
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\14\ 16 U.S.C. 5010.
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(2) Any person against whom a civil penalty is assessed
under paragraph (1) may obtain review thereof in the
appropriate court of the United States by filing a complaint in
such court within 30 days from the date of such order and by
simultaneously serving a copy of such complaint by certified
mail on the Secretary of Commerce, the Attorney General, and
the appropriate United States Attorney. The Secretary of
Commerce shall promptly file in such court a certified copy of
the record upon which such violation was found or such penalty
imposed, as provided in section 2112 of title 28, United States
Code. The findings and order of the Secretary of Commerce shall
be set aside by such court if they are not found to be
supported by substantial evidence, as provided in section
706(2) of title 5, United States Code.
(3) If any person fails to pay an assessment of a civil
penalty after it has become a final and unappealable order, or
after the appropriate court has entered final judgment in favor
of the Secretary of Commerce, the matter shall be referred to
the Attorney General, who shall recover the amount assessed in
any appropriate district court of the United States. In such
action, the validity and appropriateness of the final order
imposing the civil penalty shall not be subject to review.
(4) A fishing vessel (including its fishing gear,
furniture, appurtenances, stores, and cargo) used in the
commission of an act prohibited by section 810 shall be liable
in rem for any civil penalty assessed for such violation under
paragraph (1) and may be proceeded against in any district
court of the United States having jurisdiction thereof. Such
penalty shall constitute a maritime lien on such vessel that
may be recovered in an action in rem in the district court of
the United States having jurisdiction over the vessel.
(5) The Secretary of Commerce may compromise, modify, or
remit, with or without conditions, any civil penalty that is
subject to imposition or that has been imposed under this
section.
(6) For the purposes of conducting any hearing under this
section, the Secretary of Commerce may issue subpoenas for the
attendance and testimony of witnesses and the production of
relevant papers, books, and documents, and may administer
oaths. Witnesses summoned shall be paid the same fees and
mileage that are paid to witnesses in the courts of the United
States. In case of contempt or refusal to obey a subpoena
served upon any person pursuant to this paragraph, the district
court of the United States for any district in which such
person is found, resides, or transacts business, upon
application by the United States and after notice to such
person, shall have jurisdiction to issue an order requiring
such person to appear and give testimony before the Secretary
of Commerce or to appear and produce documents before the
Secretary of Commerce, or both, and any failure to obey such
order of the court may be punished by such court as a contempt
thereof.
(b) Offenses.--(1) A person is guilty of an offense if the
person commits any act prohibited by section 810 (5), (6), (7),
or (8).
(2) Any offense described in paragraph (1) is a class A
misdemeanor punishable by a fine under title 18, United States
code, or imprisonment for not more than 6 months, or both;
except that if in the commission of any offense the person uses
a dangerous weapon, engages in conduct that causes bodily
injury to any enforcement officer, or places any such officer
in fear of imminent bodily injury, the offense is a felony
punishable by a fine under title 18, United States Code, or
imprisonment for not more than 10 years, or both.
(c) Forfeiture.--(1) Any fishing vessel (including its
fishing gear, furniture, appurtenances, stores, and cargo)
used, and any fish (or a fair market value thereof) taken or
retained, in any manner, in connection with or as a result of
the commission of any act prohibited by section 810 shall be
subject to forfeiture to the United States. All or part of such
vessel may, and all such fish shall, be forfeited to the United
States pursuant to a civil proceeding under this section.
(2) Any district court of the United States shall have
jurisdiction, upon application of the Attorney General on
behalf of the United States, to order any forfeiture authorized
under paragraph (1) and any action provided for under paragraph
(4).
(3) if a judgment is entered for the United States in a
civil forfeiture proceeding under this section, the Attorney
General may seize any property or other interest declared
forfeited to the United States, which has not previously been
seized pursuant to this title or for which security has not
previously been obtained. The provisions of the customs laws
relating to--
(A) the seizure, forfeiture, and condemnation of
property for violation of the customs law;
(B) the disposition of such property or the proceeds
from the sale thereof; and
(C) the remission or mitigation of any such
forfeiture;
shall apply to seizures and forfeitures incurred, or alleged to
have been incurred, under the provisions of this title, unless
such provisions are inconsistent with the purposes, policy, and
provisions of this title.
(4)(A) Any officer authorized to serve any process in rem
that is issued by a court having jurisdiction under section
809(b) shall--
(i) stay the execution of such process; or
(ii) discharge any fish seized pursuant to such
process;
upon receipt of a satisfactory bond or other security from any
person claiming such property. Such bond or other security
shall be conditioned upon such person delivering such property
to the appropriate court upon order thereof, without any
impairment of its value, or paying the monetary value of such
property pursuant to an order of such court. Judgment shall be
recoverable on such bond or other security against both the
principal and any sureties in the event that any condition
thereof is breached, as determined by such court.
(B) Any fish seized pursuant to this title may be sold,
subject to the approval and direction of the appropriate court,
for not less than the fair market value thereof. The proceeds
of any such sale shall be deposited with such court pending the
disposition of the matter involved.
(5) For purposes of this section, it shall be a rebuttable
presumption that all fish found on board a fishing vessel and
which is seized in connection with an act prohibited by section
810 were taken or retained in violation of the Convention and
this title.
SEC. 812.\15\ FUNDING REQUIREMENTS.
(a) Authorization.--There are authorized to be appropriated
from time to time such sums as may be necessary for carrying
out the purposes and provisions of the Convention and this
title, including--
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\15\ 16 U.S.C. 5011.
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(1) necessary travel expenses of the United States
Commissioners or Alternate Commissioners; and
(2) the United States' share of the joint expenses of
the Commission.
(b) Research.--Such funds as shall be made available to the
Secretary of Commerce for research and related activities shall
be expended to carry out the program of the Commission in
accordance with the recommendations of the United States
Section and to carry out other research and observer programs
pursuant to the Convention.
SEC. 813.\7\, \16\ DISPOSITION OF PROPERTY.
The Secretary shall dispose of any United States property
held by the International North Pacific Fisheries Commission on
the date of its termination in a manner that would further the
purposes of this title.
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\16\ 16 U.S.C. 5012.
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SEC. 814.\17\ REPEAL OF THE NORTH PACIFIC FISHERIES ACT OF 1954.
The Act of August 12, 1954 (16 U.S.C. 1021-1035) is
repealed.
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\17\ The North Pacific Fisheries Act of 1954 (Public Law 83-579; 16
U.S.C. 1021-1035) gave effect to the International Convention for the
High Seas Fisheries of the North Pacific Ocean, signed at Tokyo, May 9,
1952.
7. Driftnet Fishing
a. High Seas Driftnet Fisheries Enforcement Act
Partial text of Public Law 102-582 [H.R. 2152], 106 Stat. 4900,
approved November 2, 1992; as amended by Public Law 104-43 [Fisheries
Act of 1995; H.R. 716], 109 Stat. 366, approved November 3, 1995; and
Public Law 104-208 [Department of Commerce and Related Agencies
Appropriations Act; title II of sec. 101(a) of title I of Public Law
104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 1996
AN ACT To enhance the effectiveness of the United Nations international
driftnet fishery conservation program.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``High Seas Driftnet Fisheries
Enforcement Act''.
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\1\ 16 U.S.C. 1801 note.
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SEC. 2.\2\ FINDINGS AND POLICY.
(a) Findings.--Congress makes the following findings:
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\2\ 16 U.S.C. 1826a note.
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(1) Large-scale driftnet fishing on the high seas is
highly destructive to the living marine resources and
ocean ecosystems of the world's oceans, including
anadromous fish and other living marine resources of
the United States.
(2) The cumulative effects of large-scale driftnet
fishing pose a significant threat to the marine
ecosystem, and slow-reproducing species like marine
mammals, sharks, and seabirds may require many years to
recover.
(3) Members of the international community have
reviewed the best available scientific data on the
impacts of large-scale pelagic driftnet fishing, and
have failed to conclude that this practice has no
significant adverse impacts which threaten the
conservation and sustainable management of living
marine resources.
(4) The United Nations, via General Assembly
Resolutions numbered 44-225, 45-197, and most recently
46-215 (adopted on December 20, 1991), has called for a
worldwide moratorium on all high seas driftnet fishing
by December 31, 1992, in all the world's oceans,
including enclosed seas and semi-enclosed seas.
(5) The United Nations has commended the unilateral,
regional, and international efforts undertaken by
members of the international community and
international organizations to implement and support
the objectives of the General Assembly resolutions.
(6) Operative paragraph (4) of United Nations General
Assembly Resolution numbered 46-215 specifically
``encourages all members of the international community
to take measures individually and collectively to
prevent large-scale pelagic driftnet fishing operations
on the high seas of the world's oceans and seas''.
(7) The United States, in section 307(1)(M) of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1857(1)(M)),\3\ has specifically
prohibited the practice of large-scale driftnet fishing
by United States nationals and vessels both within the
exclusive economic zone of the United States and beyond
the exclusive economic zone of any nation.
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\3\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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(8) The Senate, through Senate Resolution 396 of the
One Hundredth Congress (approved on March 18, 1988),
has called for a moratorium on fishing in the Central
Bering Sea and the United States has taken concrete
steps to implement such moratorium through
international negotiations.
(9) Despite the continued evidence of a decline in
the fishery resources of the Bering Sea and the
multiyear cooperative negotiations undertaken by the
United States, the Russian Federation, Japan, and other
concerned fishing nations, some nations refuse to agree
to measures to reduce or eliminate unregulated fishing
practices in the waters of the Bering Sea beyond the
exclusive economic zones of the United States and the
Russian Federation.
(10) In order to ensure that the global moratorium on
large-scale driftnet fishing called for in United
Nations General Assembly Resolution numbered 46-215
takes effect by December 31, 1992, and that unregulated
fishing practices in the waters of the Central Bering
Sea are reduced or eliminated, the United States should
take the actions described in this Act and encourage
other nations to take similar action.
(b) Policy.--It is the stated policy of the United States
to--
(1) implement United Nations General Assembly
Resolution numbered 46-215, approved unanimously on
December 20, 1991, which calls for an immediate
cessation to further expansion of large-scale driftnet
fishing, a 50 percent reduction in existing large-scale
driftnet fishing effort by June 30, 1992, and a global
moratorium on the use of large-scale driftnets beyond
the exclusive economic zone of any nation by December
31, 1992;
(2) bring about a moratorium on fishing in the
Central Bering Sea, or an international conservation
and management agreement to which the United States and
the Russian Federation are parties that regulates
fishing in the Central Bering Sea; and
(3) secure a permanent ban on the use of destructive
fishing practices, and in particular large-scale
driftnets, by persons or vessels fishing beyond the
exclusive economic zone of any nation.
TITLE I--HIGH SEAS LARGE-SCALE DRIFTNET FISHING
SEC. 101.\4\ DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH SEAS
LARGE-SCALE DRIFTNET FISHING.
(a) Denial of Port Privileges.--
(1) Publication of list.--Not later than 30 days
after the date of enactment of this Act and
periodically thereafter, the Secretary of Commerce, in
consultation with the Secretary of State, shall publish
a list of nations whose nationals or vessels conduct
large-scale driftnet fishing beyond the exclusive
economic zone of any nation.
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\4\ 16 U.S.C. 1826a.
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(2) Denial of port privileges.--The Secretary of the
Treasury shall, in accordance with recognized
principles of international law--
(A) withhold or revoke the clearance required
by section 4197 of the Revised Statutes of the
United States (46 App. U.S.C. 91) for any
large-scale driftnet fishing vessel that is
documented under the laws of the United States
or of a nation included on a list published
under paragraph (1); and
(B) deny entry of that vessel to any place in
the United States and to the navigable waters
of the United States.
(3) Notification of nation.--Before the publication
of a list of nations under paragraph (1), the Secretary
of State shall notify each nation included on that list
regarding--
(A) the effect of that publication on port
privileges of vessels of that nation under
paragraph (1); and
(B) any sanctions or requirements, under this
Act or any other law, that may be imposed on
that nation if nationals or vessels of that
nation continue to conduct large-scale driftnet
fishing beyond the exclusive economic zone of
any nation after December 31, 1992.
(b) Sanctions.--
(1) Identifications.--
(A) Initial identifications.--Not later than
January 10, 1993, the Secretary of Commerce
shall--
(i) identify each nation whose
nationals or vessels are conducting
large-scale driftnet fishing beyond the
exclusive economic zone of any nation;
and
(ii) notify the President and that
nation of the identification under
clause (i).
(B) Additional identifications.--At any time
after January 10, 1993, whenever the Secretary
of Commerce has reason to believe that the
nationals or vessels of any nation are
conducting large-scale driftnet fishing beyond
the exclusive economic zone of any nation, the
Secretary of Commerce shall--
(i) identify that nation; and
(ii) notify the President and that
nation of the identification under
clause (i).
(2) Consultations.--Not later than 30 days after a
nation is identified under paragraph (1)(B), the
President shall enter into consultations with the
government of that nation for the purpose of obtaining
an agreement that will effect the immediate termination
of large-scale driftnet fishing by the nationals or
vessels of that nation beyond the exclusive economic
zone of any nation.
(3) Prohibition on imports of fish and fish products
and sport fishing equipment.--
(A) Prohibition.--The President--
(i) upon receipt of notification of
the identification of a nation under
paragraph (1)(A); or
(ii) if the consultations with the
government of a nation under paragraph
(2) are not satisfactorily concluded
within ninety days, shall direct the
Secretary of the Treasury to prohibit
the importation into the United States
of fish and fish products and sport
fishing equipment (as that term is
defined in section 4162 of the Internal
Revenue Code of 1986 (26 U.S.C. 4162))
from that nation.
(B) Implementation of prohibition.--With
respect to an import prohibition directed under
subparagraph (A), the Secretary of the Treasury
shall implement such prohibition not later than
the date that is forty-five days after the date
on which the Secretary has received the
direction from the President.
(C) Public notice of prohibition.--Before the
effective date of any import prohibition under
this paragraph, the Secretary of the Treasury
shall provide public notice of the impending
prohibition.
(4) Additional economic sanctions.--
(A) Determination of effectiveness of
sanctions.--Not later than six months after the
date the Secretary of Commerce identifies a
nation under paragraph (1), the Secretary shall
determine whether--
(i) any prohibition established under
paragraph (3) is insufficient to cause
that nation to terminate large-scale
driftnet fishing conducted by its
nationals and vessels beyond the
exclusive economic zone of any nation;
or
(ii) that nation has retaliated
against the United States as a result
of that prohibition.
(B) Certification.--The Secretary of Commerce
shall certify to the President each affirmative
determination under subparagraph (A) with
respect to a nation.
(C) Effect of certification.--Certification
by the Secretary of Commerce under subparagraph
(B) is deemed to be a certification under
section 8(a) of the Fishermen's Protective Act
of 1967 (22 U.S.C. 1978(a)), as amended by this
Act.
SEC. 102.\5\ DURATION OF DENIAL OF PORT PRIVILEGES AND SANCTIONS.
Any denial of port privileges or sanction under section 101
with respect to a nation shall remain in effect until such time
as the Secretary of Commerce certifies to the President and the
Congress that such nation has terminated large-scale driftnet
fishing by its nationals and vessels beyond the exclusive
economic zone of any nation.
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\5\ 16 U.S.C. 1826b.
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SEC. 103. REQUIREMENTS UNDER MARINE MAMMAL PROTECTION ACT OF 1972.
Section 101(a)(2) of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1371(a)(2)) is amended--
(1) in subparagraph (E)(i) by striking ``July 1,
1992'' and inserting in lieu thereof ``January 1,
1993''; and
(2) in the last sentence by inserting ``, except
that, until January 1, 1994, the term `driftnet' does
not include the use in the northeast Atlantic Ocean of
gillnets with a total length not to exceed five
kilometers if the use is in accordance with regulations
adopted by the European Community pursuant to the
October 28, 1991, decision by the Council of Fisheries
Ministers of the Community'' immediately after ``(16
U.S.C. 1822 note)''.
SEC. 104.\6\ DEFINITIONS.
In this title, the following definitions apply:
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\6\ 16 U.S.C. 1826c.
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(1) Fish and fish products.--The term ``fish and fish
products'' means any aquatic species (including marine
mammals and plants) and all products thereof exported
from a nation, whether or not taken by fishing vessels
of that nation or packed, processed, or otherwise
prepared for export in that nation or within the
jurisdiction thereof.
(2) Large-scale driftnet fishing.--
(A) In general.--Except as provided in
subparagraph (B), the term ``large-scale
driftnet fishing'' means a method of fishing in
which a gillnet composed of a panel or panels
of webbing, or a series of such gillnets, with
a total length of two and one-half kilometers
or more is placed in the water and allowed to
drift with the currents and winds for the
purpose of entangling fish in the webbing.
(B) Exception.--Until January 1, 1994, the
term ``large-scale driftnet fishing'' does not
include the use in the northeast Atlantic Ocean
of gillnets with a total length not to exceed
five kilometers if the use is in accordance
with regulations adopted by the European
Community pursuant to the October 28, 1991,
decision by the Council of Fisheries Ministers
of the Community.
(3) Large-scale driftnet fishing vessel.--The term
``large-scale driftnet fishing vessel'' means any
vessel which is--
(A) used for, equipped to be used for, or of
a type which is normally used for large-scale
driftnet fishing; or
(B) used for aiding or assisting one or more
vessels at sea in the performance of large-
scale driftnet fishing, including preparation,
supply, storage, refrigeration, transportation,
or processing.
TITLE II--FISHERIES CONSERVATION PROGRAMS
SEC. 201.\7\ IMPORT RESTRICTIONS UNDER FISHERMEN'S PROTECTIVE ACT OF
1967. * * *
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\7\ Sec. 201 amended sec. 8 of the Fishermen's Protective Act of
1967 (22 U.S.C. 1978).
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SEC. 202.\8\ ENFORCEMENT.
(a) In General.--Not later than six months after the date
of the enactment of this Act, the Secretary of the department
in which the Coast Guard is operating, the Secretary of
Commerce, and the Secretary of Defense shall enter into an
agreement under section 311(a) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861(a)) \9\ in
order to make more effective the enforcement of domestic laws
and international agreements that conserve and manage the
living marine resources of the United States.
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\8\ 16 U.S.C. 1861 note.
\9\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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(b) Terms.--The agreement entered into under subsection (a)
shall include--
(1) procedures for identifying and providing the
location of vessels that are in violation of domestic
laws or international agreements to conserve and manage
the living marine resources of the United States;
(2) requirements for the use of the surveillance
capabilities of the Department of Defense; and
(3) procedures for communicating vessel locations to
the Secretary of Commerce and the Coast Guard.
SEC. 203. TRADE NEGOTIATIONS AND THE ENVIRONMENT.
It is the sense of the Congress that the President, in
carrying out multilateral, bilateral, and regional trade
negotiations, should seek to--
(1) address environmental issues related to the
negotiations;
(2) modify articles of the General Agreement on
Tariffs and Trade (referred to in this section as
``GATT'') to take into consideration the national
environmental laws of the GATT Contracting Parties and
international environmental treaties;
(3) secure a working party on trade and the
environment within GATT as soon as possible;
(4) take an active role in developing trade policies
that make GATT more responsive to national and
international environmental concerns;
(5) include Federal agencies with environmental
expertise during the negotiations to determine the
impact of the proposed trade agreements on national
environmental law; and
(6) periodically consult with interested parties
concerning the progress of the negotiations.
TITLE III--FISHERIES ENFORCEMENT IN CENTRAL BERING SEA
SEC. 301.\10\ SHORT TITLE.
This title may be cited as the ``Central Bering Sea
Fisheries Enforcement Act of 1992''.
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\10\ 16 U.S.C. 1823 note.
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SEC. 302.\10\ PROHIBITION APPLICABLE TO UNITED STATES VESSELS AND
NATIONALS.
(a) Prohibition.--Vessels and nationals of the United
States are prohibited from conducting fishing operations in the
Central Bering Sea and the Central Sea of Okhotsk,\11\ except
where such fishing operations are conducted in accordance with
an international fishery agreement to which the United States
and the Russian Federation are parties.
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\11\ Sec. 502(a) of the Sea of Okhotsk Fisheries Enforcement Act of
1995 (title V of the Fisheries Act of 1995; Public Law 104-43; 109
Stat. 391) inserted ``and the Central Sea of Okhotsk''.
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(b) Civil Penalties and Permit Sanctions.--A violation of
this section shall be subject to civil penalties and permit
sanctions under section 308 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1858).\9\
SEC. 303.\10\ PORT PRIVILEGES DENIAL FOR FISHING IN CENTRAL BERING SEA.
(a) Denial of Port Privileges.--The Secretary of the
Treasury shall, after December 31, 1992, in accordance with
recognized principles of international law--
(1) withhold or revoke the clearance required by
section 4197 of the Revised Statutes of the United
States (46 App. U.S.C. 91) for any fishing vessel
documented under the laws of a nation that is included
on a list published under subsection (b); and
(2) deny entry of such fishing vessel to any place in
the United States and to the navigable waters of the
United States.
(b) Publication of List.--Not later than forty-five days
after the date of enactment of this Act, the Secretary of
Commerce, in consultation with the Secretary of State and the
Secretary of the department in which the Coast Guard is
operating, shall publish in the Federal Register a list of
nations whose nationals or vessels conduct fishing operations
in the Central Bering Sea, except where such fishing operations
are in accordance with an international fishery agreement to
which the United States and the Russian Federation are parties.
The Secretary shall publish as an addendum to the list the name
of each vessel documented under the laws of each listed nation
which conducts fishing operations in the Central Bering Sea. A
revised list shall be published whenever the list is no longer
accurate, except that a nation may not be removed from the list
unless--
(1) the nationals and vessels of that nation have not
conducted fishing operations in the Central Bering Sea
for the previous ninety days and the nation has
committed, through a bilateral agreement with the
United States or in any other manner acceptable to the
Secretary of Commerce, not to permit its nationals or
vessels to resume such fishing operations; or
(2) the nationals and vessels of that nation are
conducting fishing operations in the Central Bering Sea
that are in accordance with an international fishery
agreement to which the United States and the Russian
Federation are parties.
(c) Notification of Nation.--Before the publication of a
list of nations under subsection (b), the Secretary of State
shall notify each nation included on that list and explain the
requirement to deny the port privileges of fishing vessels of
that nation under subsection (a) as a result of such
publication.
SEC. 304.\10\ DURATION OF PORT PRIVILEGES DENIAL.
Any denial of port privileges under section 303 with
respect to any fishing vessel of a nation shall remain in
effect until such nation is no longer listed under section
303(b).
SEC. 305.\10\ RESTRICTION ON FISHING IN UNITED STATES EXCLUSIVE
ECONOMIC ZONE.
(a) Regulations.--Within one hundred and eighty days after
the date of enactment of this Act, after notice and public
comment, the Secretary of Commerce shall issue regulations,
under the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.) \9\ and any other applicable law,
to prohibit--
(1) any permitted fishing vessel from catching,
taking, or harvesting fish in a fishery under the
geographical authority of the North Pacific Fishery
Management Council if such vessel is owned or
controlled by any person that also owns or controls a
fishing vessel that is listed on the addendum under
section 303(b);
(2) any processing facility from receiving any fish
caught, taken, or harvested in a fishery under the
geographical authority of the North Pacific Fishery
Management Council if such facility is owned or
controlled by any person that also owns or controls a
fishing vessel that is listed on the addendum under
section 303(b); and
(3) any permitted fishing vessel from delivering fish
caught, taken, or harvested in a fishery under the
geographic authority of the North Pacific Fishery
Management Council to a processing facility that is
owned or controlled by any person that also owns or
controls a fishing vessel that is listed on the
addendum under section 303(b).
(b) Requirement for Submission of Documents.--The Secretary
of Commerce shall require under any regulations issued under
subsection (a) the submission of any affidavits, financial
statements, corporate agreements, and other documents that the
Secretary of Commerce determines, after notice and public
comment, are necessary to ensure that all vessels and
processing facilities are in compliance with this section.
(c) Appeals; Duration of Prohibitions.--The regulations
issued under subsection (a) shall--
(1) establish procedures for a person to appeal a
decision to impose a prohibition under subsection (a)
on a vessel or processing facility owned or controlled
by that person; and
(2) specify procedures for the removal of any
prohibition imposed on a vessel or processing facility
under subsection (a)--
(A) upon publication of a revised list under
section 303(b), and a revised addendum which
does not include a fishing vessel owned or
controlled by the person who also owns or
controls the vessel or facility to which the
prohibition applies; or
(B) on the date that is ninety days after
such person terminates ownership and control in
fishing vessels that are listed on the addendum
under section 303(b).
SEC. 306.\10\ DEFINITIONS.
In this title, the following definitions apply:
(1) Central bering sea.--The term ``Central Bering
Sea'' means the central Bering Sea area which is more
than two hundred nautical miles seaward of the
baselines from which the breadth of the territorial
seas of the United States and the Russian Federation
are measured.
(2) \12\ Central sea of okhotsk.--The term ``Central
Sea of Okhotsk'' means the Central Sea of Okhotsk area
which is more than two hundred nautical miles seaward
of the baseline from which the breadth of the
territorial sea of the Russian Federation is measured.
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\12\ Sec. 502(b) of Public Law 104-43 (109 Stat. 391) redesignated
paras. (2) through (6) as paras. (3) through (7), respectively, and
added a new para. (2).
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(3) \12\ Fishing vessel.--The term ``fishing vessel''
means any vessel which is used for--
(A) catching, taking, or harvesting fish; or
(B) aiding or assisting one or more vessels
at sea in the performance of fishing
operations, including preparation, supply,
storage, refrigeration, transportation, or
processing.
(4) \12\ Owns or controls.--When used in reference to
a vessel or processing facility--
(A) the term ``owns'' means holding legal
title to the vessel or processing facility; and
(B) the term ``controls'' includes an
absolute right to direct the business of the
person owning the vessel or processing
facility, to limit the actions of or replace
the chief executive officer (by whatever
title), a majority of the board of directors,
or any general partner (as applicable) of such
person, to direct the transfer or operations of
the vessel or processing facility, or otherwise
to exercise authority over the business of such
person, but the term does not include the right
simply to participate in those activities of
such person or the right to receive a financial
return, such as interest or the equivalent of
interest, on a loan or other financing
obligation.
(5) \12\ Permitted fishing vessel.--The term
``permitted fishing vessel'' means any fishing vessel
that is subject to a permit issued by the Secretary of
Commerce under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.).\9\
(6) \12\ Person.--The term ``person'' means any
individual (whether or not a citizen of the United
States), any corporation, partnership, association,
cooperative, or other entity (whether or not organized
under the laws of any State), and any State, local, or
foreign government, or any entity of such government or
the Federal Government.
(7) \12\ Processing facility.--The term ``processing
facility'' means any fish processing establishment or
fish processing vessel that receives unprocessed fish.
SEC. 307.\10\ TERMINATION.
This title shall cease to have force and effect after the
date that is seven years after the date of enactment of this
Act, except that any proceeding with respect to violations of
section 302 occurring prior to such termination date shall be
conducted as if that section were still in effect.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. INTERMEDIARY NATIONS INVOLVED IN EXPORT OF CERTAIN TUNA
PRODUCTS.
(a) Intermediary Nation Defined.--Section 3 of the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1362) is amended by
redesignating paragraphs (5) through (14) as paragraphs (6)
through (15), respectively, and by inserting immediately after
paragraph (4) the following new paragraph:
``(5) The term `intermediary nation' means a nation
that exports yellowfin tuna or yellowfin tuna products
to the United States and that imports yellowfin tuna or
yellowfin tuna products that are subject to a direct
ban on importation into the United States pursuant to
section 101(a)(2)(B).''.
(b) Embargo on Imports From Intermediary Nations.--Section
101(a)(2)(C) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1371(a)(2)(C)) is amended to read as follows:
``(C) shall require the government of any
intermediary nation to certify and provide reasonable
proof to the Secretary that it has not imported, within
the preceding six months, any yellowfin tuna or
yellowfin tuna products that are subject to a direct
ban on importation to the United States under
subparagraph (B);''.
SEC. 402. AUTHORITY TO EXTEND REEMPLOYMENT RIGHTS.
For purposes of employee rights and entitlements conferred
by or pursuant to subchapter IV of chapter 35 of title 5,
United States Code, the Secretary of State may, notwithstanding
any other law or regulation, extend the reemployment rights of
an employee of the United States who, as of January 1, 1992,
was serving with the Intergovernmental Panel on Climate Change.
Such extension may be made for two years, and may be further
extended for one year, if the Secretary of State determines
that such service is in the national interest and is necessary
to facilitate the activities of the Intergovernmental Panel on
Climate Change or any successor organization.
* * * * * * *
b. Driftnet Impact Monitoring, Assessment, and Control
Title IV of Public Law 100-220 [United States-Japan Fishery Agreement
Approval Act of 1987; H.R. 3674], 100 Stat. 1458, approved December 29,
1987; as amended by Public Law 104-208 [Department of Commerce and
Related Agencies Appropriations Act; title II of sec. 101(a) of title I
of Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September
30, 1996
AN ACT To provide congressional approval of the Governing International
Fishery Agreements between the United States and Japan; to implement
the provisions of Annex V to the International Convention for the
Prevention of Pollution from Ships, 1973; to reauthorize the National
Sea Grant College Program Act; to improve efforts to monitor, assess,
and reduce the adverse impacts of driftnets; and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE IV--DRIFTNET IMPACT MONITORING, ASSESSMENT, AND CONTROL
SEC. 4001.\1\ SHORT TITLE.
This title may be cited as the ``Driftnet Impact
Monitoring, Assessment, and Control Act of 1987.''
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\1\ 16 U.S.C. 1822 note. See also sec. 206 of the Magnuson-Stevens
Fishery Conservation and Management Act, as amended.
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SEC. 4002. FINDINGS
The Congress finds that--
(1) the use of long plastic driftnets is a fishing
technique that may result in the entanglement and death
of enormous numbers of target and nontarget marine
resources in the waters of the North Pacific Ocean,
including the Bering Sea;
(2) there is a pressing need for detailed and
reliable information on the number of marine resources
that become entangled and die in actively fished
driftnets and in driftnets that are lost, abandoned, or
discarded; and
(3) increased efforts are necessary to monitor,
assess, and reduce the adverse impacts of driftnets.
SEC. 4003. DEFINITIONS.
As used in this title--
(1) Driftnet.--The term ``driftnet'' means a gillnet
composed of a panel of plastic webbing one and one-half
miles or more in length.
(2) Driftnet fishing.--The term ``driftnet fishing''
means a fish-harvesting method in which a driftnet is
placed in water and allowed to drift with the currents
and winds for the purpose of entangling fish in the
webbing.
(3) Exclusive economic zone of the united states.--
The term ``exclusive economic zone of the United
States'' means the zone defined in section 3(6) of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1802(b)).\2\
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\2\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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(4) Marine resources.--The term ``marine resources''
includes fish, shellfish, marine mammals, seabirds, and
other forms of marine life or waterfowl.
(5) Marine resources of the united states.--The term
``marine resources of the United States'' means--
(A) marine resources found in, or which breed
within, areas subject to the jurisdiction of
the United States, including the exclusive
economic zone of the United States; and
(B) species of fish, wherever found, that
spawn in the fresh or estuarine waters of the
United States.
(6) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.
SEC. 4004. MONITORING AGREEMENTS
(a) Negotiations.--The Secretary, through the Secretary of
State and in consultation with the Secretary of the Interior,
shall immediately initiate, negotiations with each foreign
government that conducts, or authorizes its nationals to
conduct, driftnet fishing that results in the taking of marine
resources of the United States in waters of the North Pacific
Ocean outside of the exclusive economic zone and territorial
sea of any nation, for the purpose of entering into agreements
for statistically reliable cooperative monitoring and
assessment of the numbers of marine resources of the United
States killed and retrieved, discarded, or lost by the foreign
government's driftnet fishing vessels. Such agreements shall
provide for--
(1) the use of a sufficient number of vessels from
which scientists of the United States and the foreign
governments may observe and gather reliable
information; and
(2) appropriate methods of sharing equally the costs
associated with such activities.
(b) Report.--The Secretary, in consultation with the
Secretary of State, shall provide to the Congress not later
than 1 year after the date of enactment of this Act a full
report on the results of negotiations under this section.
SEC. 4005. IMPACT REPORT.
(a) In General.--The Secretary shall provide to the
Congress within 1 year after the date of the enactment of this
Act, and at such other times thereafter as the Secretary
considers appropriate, a report identifying the nature, extent,
and effects of driftnet fishing in waters of the North Pacific
Ocean on marine resources of the United States. The report
shall include the best available information on--
(1) the number and flag state of vessels involved;
(2) the areas fished;
(3) the length, width, and mesh size of driftnets
used;
(4) the number of marine resources of the United
States killed by such fishing;
(5) the effect of seabird mortality, as determined by
the Secretary of the Interior, on seabird populations;
and
(6) any other information the Secretary considers
appropriate.
(b) Information From Foreign Governments.--The Secretary,
through the Secretary of State, shall--
(1) request relevant foreign governments to provide
the information described in subsection (a), and
(2) include in a report under this section the
information so provided and an evaluation of the
adequacy and reliability of such information.
SEC. 4006. ENFORCEMENT AGREEMENTS.
(a) Negotiations.--The Secretary shall immediately
initiate, through the Secretary of State and in consultation
with the Secretary of the Department in which the Coast Guard
is operating negotiations with each foreign government that
conducts, or authorizes its nationals to conduct, driftnet
fishing that results in the taking of marine resources of the
United States in waters of the North Pacific Ocean outside of
the exclusive economic zone and territorial sea of any nation,
for the purpose of entering into agreements for effective
enforcement of laws, regulations, and agreements applicable to
the location, season, and other aspects of the operations of
the foreign government's driftnet fishing vessels. Such
agreements shall include measures for--
(1) the effective monitoring and detection of
violations;
(2) the collection and presentation of such evidence
of violations as may be necessary for the successful
prosecution of such violations by the responsible
authorities;
(3) reporting to the United States of penalties
imposed by the foreign governments for violations; and
(4) appropriate methods for sharing equally the costs
associated with such activities.
(b) Certification For Purposes Of Fishermen's Protective
Act of 1967.--If the Secretary, in consultation with the
Secretary of State, determines that a foreign government has
failed, within 18 months after the date of the enactment of
this Act, to enter into and implement an agreement under
subsection (a) or section 4004(a) that is adequate, the
Secretary shall certify such fact to the President, which
certification shall be deemed to be a certification for the
purposes of section 8(a) of the Fishermen's Protective Act of
1967 (22 U.S.C. 1978(a)).
SEC. 4007. EVALUATIONS AND RECOMMENDATIONS.
(a) Marking, Registry, and Identification System.--The
Secretary shall evaluate, in consultation with officials of
other Federal agencies and such other persons as may be
appropriate, the feasibility of and develop recommendations for
the establishment of a driftnet marking, registry, and
identification system to provide a reliable method for the
determination of the origin by vessel, of lost, discarded, or
abandoned driftnets and fragments of driftnets. In conducting
such evaluation, the Secretary shall consider the adequacy of
existing driftnet identification systems of foreign nations and
the extent to which these systems achieve the objectives of
this title.
(b) Alternative Driftnet Materials.--The Secretary, in
consultation with such other persons as may be appropriate,
shall evaluate the feasibility of, and develop appropriate
recommendations for, the use of alternative materials in
driftnets for the purpose of increasing the rate of
decomposition of driftnets that are discarded or lost at sea.
(c) Driftnet Bounty System.--The Secretary, in consultation
with such other persons as may be appropriate, shall evaluate
the feasibility of and develop appropriate recommendations for
the implementation of a driftnet bounty system to pay persons
who retrieve from the exclusive economic zone and deposit with
the Secretary lost, abandoned, and discarded driftnet and other
plastic fishing material.
(d) Driftnet Fishing Vessel Tracking System.--The
Secretary, in consultation with such other persons as may be
appropriate, shall evaluate the feasibility of, and develop
appropriate recommendations for, the establishment of a
cooperative driftnet fishing vessel tracking system to
facilitate efforts to monitor the location of driftnet fishing
vessels.
(e) Report.--The Secretary shall transmit to the Congress
not later than 18 months after the date of the enactment of
this Act a report setting forth--
(1) the evaluations and recommendations developed
under subsections (a), (b), (c), and (d);
(2) the most effective and appropriate means of
implementing such recommendations;
(3) any need for further research and development
efforts and the estimated cost and time required for
completion of such efforts; and
(4) any need for legislation to provide authority to
carry out such recommendations.
SEC. 4008. CONSTRUCTION WITH OTHER LAWS.
This title shall not serve or be construed to expand or
diminish the sovereign rights of the United States, as stated
by Presidential Proclamation Numbered 5030, dated March 10,
1983, and reflected in existing law on the date of the
enactment of this Act.
SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department
of Commerce and the Department of State, such sums as may be
necessary to carry out the purposes of this title.
8. Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990
\1\
Partial text of Public Law 101-646 [H.R. 5390] 104 Stat. 4761, approved
November 29, 1990; as amended by Public Law 104-332 [H.R. 4283] 110
Stat. 4091, approved October 26, 1996
AN ACT To prevent and control infestations of the coastal inland waters
of the United States by the zebra mussel and other nonindigenous
aquatic nuisance species, to reauthorize the National Sea Grant College
Program, and for other purposes.
TITLE I--AQUATIC NUISANCE PREVENTION AND CONTROL
Subtitle A--General Provisions
SECTION 1001.\2\ SHORT TITLE.
This title may be cited as the ``Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990''.
---------------------------------------------------------------------------
\1\ This Act was originally enrolled and printed in its entirety in
quotation marks. Sec. 2(h) of the National Invasive Species Act of 1996
(Public Law 104-332; 110 Stat. 4091) struck out the quotation marks in
titles I, II, and IV.
\2\ 16 U.S.C. 4701 note.
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* * * * * * *
Subtitle C--Prevention and Control of Aquatic Nuisance Species
* * * * * * *
SEC. 1206.\3\ INTERNATIONAL COOPERATION.
(a) Advice.--The Task Force \4\ shall provide timely advice
to the Secretary of State concerning aquatic nuisance species
that infest waters shared with other countries.
---------------------------------------------------------------------------
\3\ 16 U.S.C. 4726.
\4\ The Aquatic Nuisance Species Task Force, as established by sec.
1201 of this Act, is directed largely to matters within the United
States. See 16 U.S.C. 4721.
---------------------------------------------------------------------------
(b) Negotiations.--The Secretary of State, in consultation
with the Task Force, is encouraged to initiate negotiations
with the governments of foreign countries concerning the
planning and implementation of prevention, monitoring,
research, education, and control programs related to aquatic
nuisance species infesting shared water resources.
* * * * * * *
Subtitle E--Cooperative Environmental Analyses
SEC. 1401.\5\ ENVIRONMENTAL IMPACT ANALYSES.
The Secretary of State, in consultation with the Council on
Environmental Quality, is encouraged to enter into negotiations
with the governments of Canada and Mexico to provide for
reciprocal environmental impact analyses of major Federal
actions which have significant transboundary effects on the
quality of the human environment in the United States, Canada,
and Mexico.
---------------------------------------------------------------------------
\5\ 16 U.S.C. 4751.
---------------------------------------------------------------------------
* * * * * * *
9. Negotiation of International Agreements for the Conservation of Sea
Turtles
Partial text of Public Law 101-162 [Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
1990; H.R. 2991], 103 Stat. 988 at 1037, approved November 21, 1989
AN ACT Making appropriations for the Departments of Commerce, Justice,
and State, the Judiciary, and related agencies for the fiscal year
ending September 30, 1990, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of
Commerce, Justice, and State, the Judiciary, and related
agencies for the fiscal year ending September 30, 1990, and for
other purposes, namely:
* * * * * * *
TITLE VI--GENERAL PROVISIONS
* * * * * * *
Sec. 609.\1\ (a) The Secretary of State, in consultation with
the Secretary of Commerce, shall, with respect to those species
of sea turtles the conservation of which is the subject of
regulations promulgated by the Secretary of Commerce on June
29, 1987--
---------------------------------------------------------------------------
\1\ 16 U.S.C. 1537 note.
---------------------------------------------------------------------------
(1) initiate negotiations as soon as possible for the
development of bilateral or multilateral agreements
with other nations for the protection and conservation
of such species of sea turtles;
(2) initiate negotiations as soon as possible with
all foreign governments which are engaged in, or which
have persons or companies engaged in, commercial
fishing operations which, as determined by the
Secretary of Commerce, may affect adversely such
species of sea turtles, for the purpose of entering
into bilateral and multilateral treaties with such
countries to protect such species of sea turtles;
(3) encourage such other agreements to promote the
purposes of this section with other nations for the
protection of specific ocean and land regions which are
of special significance to the health and stability of
such species of sea turtles;
(4) initiate the amendment of any existing
international treaty for the protection and
conservation of such species of sea turtles to which
the United States is a party in order to make such
treaty consistent with the purposes and policies of
this section; and
(5) provide to the Congress by not later than one
year after the date of enactment of this section--
(A) a list of each nation which conducts
commercial shrimp fishing operations within the
geographic range of distribution of such sea
turtles;
(B) a list of each nation which conducts
commercial shrimp fishing operations which may
affect adversely such species of sea turtles;
and
(C) a full report on--
(i) the results of his efforts under
this section; and
(ii) the status of measures taken by
each nation listed pursuant to
paragraph (A) or (B) to protect and
conserve such sea turtles.
(b)(1) In General.--The importation of shrimp or products
from shrimp which have been harvested with commercial fishing
technology which may affect adversely such species of sea
turtles shall be prohibited not later than May 1, 1991, except
as provided in paragraph (2).
(2) \2\ Certification Procedure.--The ban on importation of
shrimp or products from shrimp pursuant to paragraph (1) shall
not apply if the President shall determine and certify to the
Congress not later than May 1, 1991, and annually thereafter
that--
---------------------------------------------------------------------------
\2\ Authority to issue this determination is delegated to the
Department of State (Presidential memorandum of December 19, 1990; 56
F.R. 357).
In Public Notice 5077, effective April 28, 2005 (70 F.R. 25156),
the State Department certified that 13 nations have adopted programs to
reduce the incidental capture of sea turtles in their shrimp fisheries
comparable to the program in effect in the United States. The
Department also certified that the fishing environments in 24 other
countries and one economy, Hong Kong, do not pose a threat of the
incidental taking of sea turtles protected under sec. 609. Shrimp
imports from any nation not certified were prohibited effective May 1,
2005, pursuant to sec. 609.
See also Office of the U.S. Trade Representative, ``WTO Dispute
Settlement Proceeding Regarding Section 609 of Public Law 101-162,''
Docket No. WTO/D-12, 62 F.R. 13934.
See also 50 CFR Parts 217 and 227.
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(A) the government of the harvesting nation has
provided documentary evidence of the adoption of a
regulatory program governing the incidental taking of
such sea turtles in the course of such harvesting that
is comparable to that of the United States; and
(B) the average rate of that incidental taking by the
vessels of the harvesting nation is comparable to the
average rate of incidental taking of sea turtles by
United States vessels in the course of such harvesting;
or
(C) the particular fishing environment of the
harvesting nation does not pose a threat of the
incidental taking of such sea turtles in the course of
such harvesting.
* * * * * * *
10. Whales
a. Wildlife Sanctuary for Humpback Whales \1\
Public Law 99-630 [H.J. Res. 67], 100 Stat. 3514, approved November 7,
1986
JOINT RESOLUTION Calling for a wildlife sanctuary for humpback whales
in the West Indies.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
President shall, in concert with the International Whaling
Commission, seek a treaty or other appropriate international
agreement establishing a wildlife sanctuary for humpback whales
in the West Indies, in the area encompassing the Turks Islands,
Mouchoir Passage, Silver Bank Passage, Navidad Bank, and such
additional areas in the West Indies as may be necessary to
ensure the protection of the breeding grounds of the humpback
whales.
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\1\ 16 U.S.C. 916 note.
b. Whaling Convention Act of 1949 \1\
Public Law 81-676 [S. 2080], 64 Stat. 421, approved August 9, 1950
AN ACT To authorize the regulation of whaling and to give effect to the
International Convention for the Regulation of Whaling signed at
Washington under date of December 2, 1946,\2\ by the United States of
America and certain other governments, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
---------------------------------------------------------------------------
\1\ See also sec. 405 of the Department of State Authorization Act,
Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 403), which
urged the International Whaling Commission to agree to a moratorium on
the commercial killing of whales. The section also called upon specific
countries to comply voluntarily with a moratorium. For complete text,
see Legislation on Foreign Relations Through 2005, vol. II-A.
\2\ 62 Stat. 1716: TIAS 1849: 4 Bevans 248; 161 UNTS 62.
---------------------------------------------------------------------------
Section 1.\3\ That this Act may be cited as the ``Whaling
Convention Act of 1949''.
---------------------------------------------------------------------------
\3\ 16 U.S.C. 916 note.
---------------------------------------------------------------------------
Sec. 2.\4\ When used in this Act--
---------------------------------------------------------------------------
\4\ 16 U.S.C. 916.
---------------------------------------------------------------------------
(a) Convention: The word ``Convention'' means the
International Convention for the Regulation of Whaling signed
at Washington under the date of December 2, 1946, by the United
States of America and certain other governments.
(b) Commission: The word ``Commission'' means the
International Whaling Commission established by article III of
the convention.
(c) United States Commissioner: The words ``United States
Commissioner'' mean the member of the International Whaling
Commission representing the United States of America appointed
pursuant to article III of the convention and section 3 of this
Act.
(d) Person: The word ``person'' denotes every individual,
partnership, corporation, and association subject to the
jurisdiction of the United States.
(e) Vessel: The word ``vessel'' denotes every kind, type,
or description of water craft or contrivance subject to the
jurisdiction of the United States used, or capable of being
used, as a means of transportation.
(f) Factory ship: The words ``factory ship'' mean a vessel
in which or on which whales are treated or processed, whether
wholly or in part.
(g) Land station: The words ``land station'' mean a factory
on the land at which whales are treated or processed, whether
wholly or in part.
(h) Whale catcher: The words ``whale catcher'' mean a
vessel used for the purposes of hunting, killing, taking,
towing, holding onto, or scouting for whales.
(i) Whale products: The words ``whale products'' mean any
unprocessed part of a whale and blubber, meat, bones, whale
oil, sperm oil, spermaceti, meal, and baleen.
(j) Whaling: The word ``whaling'' means the scouting for,
hunting, killing, taking, towing, holding onto, and flensing of
whales, and the possession, treatment, or processing of whales
or of whale products.
(k) Regulations of the Commission: The words ``regulations
of the Commission'' mean the whaling regulations in the
schedule annexed to and constituting a part of the convention
in their original forms or as modified, revised, or amended by
the Commission from time to time, in pursuance of article V of
the convention.
(l) Regulations of the Secretary of Commerce: \5\ The words
``regulations of the Secretary of Commerce'' means such
regulations as may be issued by the Secretary of Commerce, from
time to time, in accordance with sections 11 and 12 of this
Act.
---------------------------------------------------------------------------
\5\ Reorganization Plan No. 4 of 1970 (35 F.R. 15627; 84 Stat.
2090) struck out ``Secretary of the Interior'' and inserted in lieu
thereof ``Secretary of Commerce''.
---------------------------------------------------------------------------
Sec. 3.\6\ (a) The United States Commissioner shall be
appointed by the President, on the concurrent recommendations
of the Secretary of State and the Secretary of Commerce, and
shall serve at the pleasure of the President.
---------------------------------------------------------------------------
\6\ 16 U.S.C. 916a.
---------------------------------------------------------------------------
(b) The President may appoint a Deputy United States
Commissioner, on the concurrent recommendations of the
Secretary of State and the Secretary of Commerce. The Deputy
United States Commissioner shall serve at the pleasure of the
President and shall be the principal technical adviser to the
United States Commissioner, and shall be empowered to perform
the duties of the Commissioner in case of the death,
resignation, absence, or illness of the Commissioner.
(c) The United States Commissioner and Deputy Commissioner,
although officers of the United States Government, shall
receive no compensation for their services.
Sec. 4.\7\ The Secretary of State is authorized, with the
concurrence of the Secretary of Commerce, to present or
withdraw any objections on behalf of the United States
Government to such regulations or amendments of the schedule to
the convention as are adopted by the Commission and submitted
to the United States Government in accordance with article V of
the convention. The Secretary of State is further authorized to
receive on behalf of the United States Government reports,
requests, recommendations, and other communications of the
Commission, and to act thereon either directly or by reference
to the appropriate authority.
---------------------------------------------------------------------------
\7\ 16 U.S.C. 916b.
---------------------------------------------------------------------------
Sec. 5.\8\ (a) It shall be unlawful for any person subject
to the jurisdiction of the United States (1) to engage in
whaling in violation of the convention or of any regulation of
the Commission, or of this Act, or of any regulation of the
Secretary of Commerce; (2) to ship, transport, purchase, sell,
offer for sale, import, export, or have in possession any whale
or whale products taken or processed in violation of the
convention, or of any regulation of the Commission, or of this
Act, or of any regulation of the Secretary of Commerce; (3) to
fail to make, keep, submit, or furnish any record or report
required of him by the convention, or by any regulation of the
Commission, or by any regulation of the Secretary of Commerce,
or to refuse to permit any officer authorized to enforce the
convention, the regulations of the Commission, this Act, and
the regulations of the Secretary of Commerce, to inspect such
record or report at any reasonable time.
---------------------------------------------------------------------------
\8\ 16 U.S.C. 916c. Sec. 403 of Public Law 107-372 (116 Stat. 3102)
provided:
``Notwithstanding any provision of law, the use of a vessel to tow
a whale taken in a traditional subsistence whale hunt permitted by
Federal law and conducted in waters off the coast of Alaska is
authorized, if such towing is performed upon a request for emergency
assistance made by a subsistence whale hunting organization formally
recognized by an agency of the United States Government, or made by a
member of such an organization, to prevent the loss of a whale.''.
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(b) It shall be unlawful for any person or vessel subject
to the jurisdiction of the United States to do any act
prohibited or to fail to do any act required by the convention,
or by this Act, or by any regulation adopted by the Commission,
or by any regulation of the Secretary of Commerce.
Sec. 6.\9\ (a) No person shall engage in whaling without
first having obtained an appropriate license or scientific
permit. Such licenses shall be issued by the Secretary of
Commerce or such officer or the Department of the Interior as
may be designated by him: Provided, That the Secretary, in his
discretion and by appropriate regulation, may waive the payment
of any license fee or the requirement that a license first be
obtained, in connection with the salvage of any ``Dauhval'' or
unclaimed dead whale found floating or stranded.
---------------------------------------------------------------------------
\9\ 16 U.S.C. 916d.
---------------------------------------------------------------------------
(b) The following licenses and fees shall be required for
each calendar year or any fraction thereof and shall be
nontransferable except under such conditions as may be
prescribed by the Secretary:
(1) Land-station license for primary processing of
whales, $250.
(2) Land-station license for secondary processing of
parts of whales delivered to it by a land station
licensed as a primary processor, $100.
(3) Factory-ship license for primary processing of
whales delivered by whaler catchers, $250.
(4) License for any vessel used exclusively for
transporting whale products from a factory ship to a
port during the whaling season, $100.
(5) Whale-catcher license, $100.
(c) All moneys derived from the issuance of whaling
licenses shall be covered into the Treasury of the United
States, and no license fee shall be refunded by reason of the
failure of any person to whom a license has been issued to
utilize the facility in whaling for which such license was
issued.
(d) Any person, in making application for a license to
operate a whale catcher, must furnish evidence or affidavit
satisfactory to the Secretary of Commerce that, in addition to
conforming to other applicable laws and regulations, (1) the
whale catcher is adequately equipped and competently manned to
engage in whaling in accordance with the provisions of the
convention, the regulations of the Commission, and the
regulations of the Secretary of Commerce; (2) gunners and crews
will be compensated on some basis that does not depend
primarily on the number of whales taken; and (3) no bonuses or
other partial remuneration with relation to the number of
whales taken shall be paid to gunners and crews in respect of
the taking of any whales, the taking of which is prohibited.
(e) Any person, in making application for a license to
operate a land station or a factory ship must furnish evidence
or affidavits to the satisfaction of the Secretary of Commerce
that, in addition to conforming to other applicable laws and
regulations, such land station or factory ship is adequately
equipped to comply with provisions of the convention, of the
regulations of the Commission, and of the regulations of the
Secretary of Commerce with respect to the processing of whales
or the manufacture of whale products.
Sec. 7.\10\ Any person who fails to make, keep, or furnish
any catch return, statistical record, or any report that may be
required by the convention or by any regulation of the
Commission, or by this Act, or by a regulation of the Secretary
of Commerce, or any person who furnishes a false return,
record, or report, upon conviction, shall be subject to such
fine as may be imposed by the court not to exceed $500, and
shall in addition be prohibited from whaling, processing, or
possessing whales, and whale products from the date of
conviction until such time as any delinquent return, record, or
report shall have been submitted or any false return, record,
or report shall have been replaced by a duly certified correct
and true return, record, or report to the satisfaction of the
court. The penalties imposed by section 8 of this Act shall not
be invoked for failure to comply with requirements respecting
returns, records, and reports.
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\10\ 16 U.S.C. 916e.
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Sec. 8.\11\ Except as to violations defined in clause 3 of
subsection (a) of section (5) of this Act, any person violating
any provision of the convention, or of any regulation of the
Commission, or of this Act, or of any regulation of the
Secretary of Commerce upon conviction, shall be fined not more
than $10,000 or be imprisoned not more than one year, or both.
In addition the court may prohibit such person from whaling for
such period of time as it may determine, and may order
forfeited, in whole or in part, the whales taken by such person
in whaling during the season, or the whale products derived
therefrom or the monetary value thereof. Such forfeited whales
or whale products shall be disposed of in accordance with the
direction of the court.
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\11\ 16 U.S.C. 916f.
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Sec. 9.\12\ (a) Any duly authorized enforcement officer or
employee of the Department of Commerce; \13\ any Coast Guard
officer; any United States marshal or deputy United States
marshal; any customs officer; and any other person authorized
to enforce the provisions of the convention, the regulations of
the Commission, this Act, and the regulations of the Secretary
of Commerce, shall have power, without warrant or other process
but subject to the provisions of the convention, to arrest any
person subject to the jurisdiction of the United States
committing in his presence or view a violation of the
convention or of this Act, or of the regulations of the
Commission, or of the regulations of the Secretary of Commerce
and to take such person immediately for examination before a
justice or judge or any other official designated in section
3041 of title 18 of the United States Code; and shall have
power, without warrant or other process, to search any vessel
subject to the jurisdiction of the United States or land
station when he has reasonable cause to believe that such
vessel or land station is engaged in whaling in violation of
the provisions of the convention or this Act, or the
regulations of the Commission, or the regulations of the
Secretary of Commerce. Any person authorized to enforce the
provisions of the convention, this Act, the regulations of the
Commission, or the regulations of the Secretary of Commerce
shall have power to execute any warrant or process issued by an
officer or court of competent jurisdiction for the enforcement
of this Act, and shall have power with a search warrant to
search any vessel, person, or place at any time. The judges of
the United States district courts and the United States
magistrates \14\ may, within their respective jurisdictions,
upon proper oath or affirmation showing probable cause, issue
warrants in all such cases. Subject to the provisions of the
convention, any person authorized to enforce the convention,
this Act, the regulations of the Commission, and the
regulations of the Secretary of Commerce may seize, whenever
and wherever lawfully found, all whales or whale products
taken, processed, or possessed contrary to the provisions of
the convention, of this Act, of the regulations of the
Commission, or of the regulations of the Secretary of Commerce.
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\12\ 16 U.S.C. 916g.
\13\ Reorganization Plan No. 4 of 1970 (35 F.R. 15627; 84 Stat.
2090) struck out ``United States Fish and Wildlife Service of the
Department of the Interior'' and inserted in lieu thereof ``Department
of Commerce'',
\14\ Sec. 402 of Public Law 90-578 (82 Stat. 1118; October 17,
1968) struck out ``United States commissioners'' and inserted in lieu
thereof ``United States magistrates''. Sec. 402 further provided that,
within each district, references in previously enacted statutes and
previously promulgated rules and regulations to United States
commissioners are to be deemed, within such district, references to
United States magistrates duly appointed under sec. 631 of Title 28 as
soon as the first United States magistrate assumes office within that
district or on October 17, 1971, whichever is earlier. See Applicable
Law note under sec. 631 of Title 28: Judiciary and Judicial Procedure.
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Any property so seized shall not be disposed of except
pursuant to the order of a court of competent jurisdiction or
the provisions of subsection (b) of this section, or, if
perishable, in the manner prescribed by regulations of the
Secretary of Commerce.
(b) notwithstanding the provisions of section 2464 of title
28 of the United States Code, when a warrant of arrest or other
process in rem is issued in any cause under this section, the
marshal or other officer shall stay the execution of such
process, or discharge any property seized if the process has
been levied, on receiving from the claimant of the property a
bond or stipulation for double the value of the property with
sufficient surety to be approved by a judge of the district
court having jurisdiction, conditioned to deliver the property
seized, if condemned, without impairment in value or, in the
discretion of the court, to pay its equivalent value in money
or otherwise to answer the decree of the court in such cause.
Such bond or stipulation shall be returned to the court and
judgment thereon against both the principal and sureties may be
recovered in event of any breach of the conditions thereof as
determined by the court.
Sec. 10.\15\ (a) In order to avoid duplication in
scientific and other programs, the Secretary of State, with the
concurrence of the agency, institution, or organization
concerned, may direct the United States Commissioner to arrange
for the cooperation of agencies of the United States
Government, and of State and private institutions and
organizations in carrying out the provisions of article IV of
the convention.
---------------------------------------------------------------------------
\15\ 16 U.S.C. 916h.
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(b) All agencies of the Federal Government are authorized,
on request of the Commission, to cooperate in the conduct of
scientific and other programs, or to furnish facilities and
personnel for the purpose of assisting the Commission in the
performance of its duties as prescribed by the convention.
Sec. 11.\16\ Nothing contained in this Act shall prevent
the taking of whales and the conducting of biological
experiments at any time for purposes of scientific
investigation in accordance with scientific permits and
regulations issued by the Secretary of Commerce or shall
prevent the Commission from discharging its duties as
prescribed by the convention.
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\16\ 16 U.S.C. 916i.
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Sec. 12.\17\ (a) The Secretary of Commerce is authorized
and directed to administer and enforce all of the provisions of
this Act and regulations issued pursuant thereto and all of the
provisions of the convention and of the regulations of the
Commission, except to the extent otherwise provided for in this
Act, in the convention, or in the regulations of the
Commission. In carrying out such functions he is authorized to
adopt such regulations as may be necessary to carry out the
purposes and objectives of the convention, the regulations of
the Commission, this Act, and with the concurrence of the
Secretary of State, to cooperate with the duly authorized
officials of the government of any party to the convention.
---------------------------------------------------------------------------
\17\ 16 U.S.C. 916j.
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(b) Enforcement activities under the provisions of this Act
relating to vessels engaged in whaling and subject to
the jurisdiction of the United States primarily shall be the
responsibility of the Secretary of the Treasury in cooperation
with the Secretary of Commerce.
(c) The Secretary of Commerce may authorize officers and
employees of the coastal States of the United States to enforce
the provisions of the convention, or of the regulations of the
Commission, or of this Act, or of the regulations of the
Secretary of Commerce. When so authorized such officers and
employees may function as Federal law-enforcement officers for
the purposes of this Act.
Sec. 13.\18\ Regulations of the Commission approved and
effective in accordance with section 4 of this Act and article
V of the convention shall be submitted for appropriate action
or publication in the Federal Register by the Secretary of
Commerce and shall become effective with respect to all persons
and vessels subject to the jurisdiction of the United States in
accordance with the terms of such regulations and the
provisions of article V of the convention.
---------------------------------------------------------------------------
\18\ 16 U.S.C. 916k.
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Sec. 14.\19\ There is hereby authorized to be appropriated
from time to time, out of any moneys in the Treasury not
otherwise appropriated, such sums as may be necessary to carry
out the provisions of the convention and of this Act, including
(1) contributions to the Commission for the United States share
of any joint expenses of the Commission agreed by the United
States and any of the other contracting governments, and (2)
the expenses of the United States Commissioner and his staff,
including (a) personal services in the District of Columbia and
elsewhere, without regard to the civil service laws and the
Classification Act of 1923, as amended; \20\ (b) travel
expenses without regard to the Travel Expense Act of 1949 \21\
and section 73b of Title 5; \22\ (c) transportation of things,
communication services; (d) rent of offices; (e) printing and
binding without regard to section 111 of Title 44 \23\ and
section 5 of Title 41; (f) stenographic and other services by
contract, if deemed necessary, without regard to section 5 of
Title 41; (g) supplies and materials; (h) equipment; (i)
purchase, hire, operation, maintenance, and repair of aircraft,
motor vehicles (including passenger-carrying vehicles), boats,
and research vessels.
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\19\ 16 U.S.C. 916l.
\20\ Sec. 1202 of the Classification Act of 1949 (63 Stat. 972)
repealed the Classification Act of 1923. Sec. 1106 of such Act provided
that wherever reference was made to the Classification Act of 1923 it
should be deemed a reference to the Classification Act of 1949. The
Classification Act of 1949 is now covered by ch. 51 and subch. III of
ch. 53 of title 5, Government Organization and Employees.
\21\ The Travel Expense Act of 1949 is now covered by sec. 5701 et
seq. of title 5.
\22\ Sec. 73b of title 5 is now covered by sec. 5731 of title 5.
\23\ Sec. 111 of title 44 is now covered by sec. 501 of title 44:
Public Printing and Documents.
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Sec. 15. If any provision of this Act or the application of
such provision to any circumstances or persons shall be held
invalid, the validity of the remainder of the Act and the
applicability of such provision to other circumstances or
persons shall not be affected thereby.
Sec. 16. The Whaling Treaty Act of May 1, 1936 (49 Stat.
1246; 16 U.S.C. 901-915), is hereby repealed and the Secretary
of Commerce is authorized to refund any part of a license fee
paid under said Act that is in excess of the license fee
required under this Act.
11. R.M.S. Titanic Maritime Memorial Act of 1986
Public Law 99-513 [S. 2048], 100 Stat. 2082, approved October 21, 1986
AN ACT To encourage international efforts to designate the shipwreck of
the R.M.S. Titanic as an international maritime memorial and to provide
for reasonable research, exploration, and, if appropriate, salvage
activities with respect to the shipwreck.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``R.M.S. Titanic Maritime
Memorial Act of 1986''.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 450rr note.
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SEC. 2.\2\ FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
\2\ 16 U.S.C. 450rr.
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(1) the R.M.S. Titanic, the oceanliner which sank on
her maiden voyage after striking an iceberg on April
14, 1912, should be designated as an international
maritime memorial to the men, women, and children who
perished aboard her;
(2) the recent discovery of the R.M.S. Titanic, lying
more than twelve thousand feet beneath the ocean
surface, demonstrates the practical applications of
ocean science and engineering;
(3) the R.M.S. Titanic, well preserved in the cold,
oxygen-poor waters of the deep North Atlantic Ocean, is
of major national and international cultural and
historical significance, and merits appropriate
international protection; and
(4) the R.M.S. Titanic represents a special
opportunity for deep ocean scientific research and
exploration.
(b) Purpose.--The Congress declares that the purposes of
this Act are--
(1) to encourage international efforts to designate
the R.M.S. Titanic as an international maritime
memorial to those who lost their lives aboard here in
1912;
(2) to direct the United States to enter into
negotiations with other interested nations to establish
an international agreement which will provide for the
designation of the R.M.S. Titanic as an international
maritime memorial, and protect the scientific,
cultural, and historical significance of the R.M.S.
Titanic;
(3) to encourage, in those negotiations or in other
fora, the development and implementation of
international guidelines for conducting research on,
exploration of, and if appropriate, salvage of the
R.M.S. Titanic; and
(4) to express the sense of the United States
Congress that, pending such international agreement or
guidelines, no person should physically alter, disturb,
or salvage the R.M.S. Titanic in any research or
exploratory activities which are conducted.
SEC. 3.\3\ DEFINITIONS.
For the purposes of this Act, the term--
---------------------------------------------------------------------------
\3\ 16 U.S.C. 450rr-1.
---------------------------------------------------------------------------
(a) ``Administrator'' means the Administrator of the
National Oceanic and Atmospheric Administration (NOAA);
(b) ``person'' means any individual (whether or not a
citizen or national of the United State), any
corporation, partnership, association, or other entity
(whether or not organized, or existing under the law of
any State), and any Federal, State, local, or foreign
government or any entity of any such government;
(c) ``R.M.S. Titanic'' means the shipwrecked vessel
R.M.S. Titanic, her cargo or other contents, including
those items which are scattered on the ocean floor in
her vicinity; and
(d) ``Secretary'' means the Secretary of State.
SEC. 4.\4\ COMMENDATION.
The Congress of the United States highly commends the
members of the joint international expedition which discovered
the R.M.S. Titanic.
---------------------------------------------------------------------------
\4\ 16 U.S.C. 450rr-2.
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SEC. 5.\5\ INTERNATIONAL GUIDELINES.
(a) The Administrator is directed to enter into
consultation with the United Kingdom, France, Canada, and other
interested nations to develop international guidelines for
research on, exploration of, and if appropriate, salvage of the
R.M.S. Titanic, which--
---------------------------------------------------------------------------
\5\ 16 U.S.C. 450rr-3.
---------------------------------------------------------------------------
(1) are consistent with its national and
international scientific, cultural, and historical
significance and the purposes of this Act; and
(2) promote the safety of individuals involved in
such operations.
(b) In carrying out subsection (a), the Administrator shall
consult with the Secretary and shall promote full participation
by other interested Federal agencies, academic and research
institutions, and members of the public.
SEC. 6.\6\ INTERNATIONAL AGREEMENT.
(a) The Secretary is directed to enter into negotiations
with the United Kingdom, France, Canada, and other interested
nations to develop an international agreement which provides
for--
---------------------------------------------------------------------------
\6\ 16 U.S.C. 450rr-4.
---------------------------------------------------------------------------
(1) the designation of the R.M.S. Titanic as an
international maritime memorial; and
(2) research on, exploration of, and if appropriate,
salvage of the R.M.S. Titanic consistent with the
international guidelines developed pursuant to section
5 and the purposes of this Act.
(b) In carrying out the requirements of subsection (a), the
Secretary shall consult with the Administrator, who shall
provide research and technical assistance to the Secretary.
(c) The Secretary and the Administrator shall report
semiannually to the Committee on Merchant Marine and Fisheries
and the Committee on Foreign Affairs in the House of
Representatives \7\ and to the Committee on Foreign Relations
and the Committee on Commerce, Science, and Transportation in
the Senate on the progress of the negotiations and
consultations.
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\7\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided that
references to the Committee on Merchant Marine and Fisheries of the
House of Representatives shall be treated as referring to--
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(A) the Committee on Agriculture, in the case of a provision of law
relating to inspection of seafood or seafood products;
(B) the Committee on National Security, in the case of a provision of law
relating to interoceanic canals, the Merchant Marine Academy and State
Maritime Academies, or national security aspects of merchant marine;
(C) the Committee on Resources, in the case of a provision of law
relating to fisheries, wildlife, international fishing agreements, marine
affairs (including coastal zone management) except for measures relating to
oil and other pollution of navigable waters, or oceanography;
(D) the Committee on Science, in the case of a provision of law relating
to marine research; and
(E) the Committee on Transportation, in the case of a provision of law
relating to a matter other than a matter described in any of subparagraphs
(A) through (D).
(d) Upon adoption of an international agreement as
described in subsection (a), the Secretary shall provide
notification of the agreement and recommendations for
legislation to implement the agreement to the Committee on
Merchant Marine and Fisheries and the Committee on Foreign
Affairs in the House of Representatives \7\ and to the
Committee on Foreign Relations and the Committee on Commerce,
Science, and Transportation in the Senate.
SEC. 7.\8\ SENSE OF CONGRESS REGARDING CONDUCT OF FUTURE ACTIVITIES.
It is the sense of Congress that research and limited
exploration activities concerning the R.M.S. Titanic should
continue for the purpose of enhancing public knowledge of its
scientific, cultural, and historical significance: Provided,
That, pending adoption of the international agreement described
in section 6(a) or implementation of the international
guidelines described in section 5, no person should conduct any
such research or exploration activity which would physically
alter, disturb, or salvage the R.M.S. Titanic.
---------------------------------------------------------------------------
\8\ 16 U.S.C. 450rr-5.
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SEC. 8.\9\ DISCLAIMER OF EXTRATERRITORIAL SOVEREIGNTY.
By enactment of this Act, the United States does not assert
sovereignty, or sovereign or exclusive rights or jurisdiction
over,or the ownership of, any marine areas or the R.M.S.
Titanic.
---------------------------------------------------------------------------
\9\ 16 U.S.C. 450rr-6.
12. Salmon
a. Pacific Salmon Treaty Act of 1985
Public Law 99-5 [H.R. 1093], 99 Stat. 7, approved March 15, 1985; as
amended by Public Law 102-251 [Flower Garden Banks National Marine
Sanctuary; H.R. 3866], 106 Stat. 60, approved March 9, 1992; Public Law
104-208 [Department of Commerce and Related Agencies Appropriations
Act; title II of sec. 101(a) of title I of Public Law 104-208; H.R.
3610], 110 Stat. 3009, approved September 30, 1996; Public Law 106-113
[Consolidated Appropriations Act, 2000; H.R. 3194], 113 Stat. 1501,
approved November 29, 1999; and Public Law 106-554 [Consolidated
Appropriations Act, 2001; H.R. 4942], 114 Stat. 2762, approved December
21, 2000
AN ACT To give effect to the Treaty Between the Government of the
United States of America and the Government of Canada Concerning
Pacific Salmon, signed at Ottawa, January 28, 1985.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the Pacific Salmon Treaty Act of 1985''.
SEC. 2.\1\ DEFINITIONS.
As used in this title, unless the context otherwise
requires, the term--
---------------------------------------------------------------------------
\1\ 16 U.S.C. 3631.
---------------------------------------------------------------------------
(a) ``Commission'' means the Pacific Salmon
Commission established by the Treaty;
(b) ``enhancement'' means manmade improvements to
natural habitats, or the application of artificial fish
culture technology, that will lead to the increase of
salmon stocks;
(c) ``Magnuson-Stevens Act'' means the Act entitled
``the Magnuson-Stevens Fishery Conservation and
Management Act,'' as approved April 13, 1976, and as
later amended (16 U.S.C. section 1801 et seq.); \2\
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\2\ Sec. 211(b) of the Department of Commerce and Related Agencies
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
the enactment of the Sustainable Fisheries Act [enacted October 11,
1996], all references to the Magnuson Fishery Conservation and
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
(d) ``Panel'' means any of the Panels established by
the Treaty;
(e) ``person'' means any individual (whether or not a
citizen or national of the United States), any
corporation, partnership, association, or other entity
(whether or not organized or existing under the laws of
any State);
(f) ``salmon'' means any anadromous species of the
family Salmonidae and genus Oncorhynchus, commonly
known as Pacific salmon, including but not limited to:
Popular names Scientific name
Chinook or King Salmon Oncorhynchus
tshawytscha
Coho or Silver Salmon. Oncorhynchus kisutch
Pink or Humpback Oncorhynchus gorbuscha
Salmon.
Chum or Dog Salmon.... Oncorhynchus keta
Sockeye or Red Salmon. Oncorhynchus nerka
and shall also include Steelhead (Salmo gairdneri);
(g) ``Secretary'' means the Secretary of Commerce;
(h) \3\ ``Special areas'' means the areas referred to
as eastern special areas in Article 3(1) of the
Agreement between the United States of America and the
Union of Soviet Socialist Republics on the Maritime
Boundary, signed June 1, 1990; in particular, the term
refers to those areas east of the maritime boundary, as
defined in that Agreement, that lie within 200 nautical
miles of the baselines from which the breadth of the
territorial sea of Russia is measured but beyond 200
nautical miles of the baselines from which the breadth
of the territorial sea of the United States is
measured.
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\3\ Sec. 306(a) of Public Law 102-251 (106 Stat. 66) redesignated
subsecs. (h) through (j) as subsecs. (i) through (k) and added a new
subsec. (h).
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(i) \3\ ``Treaty'' means the Treaty between the
Government of the United States of America and the
Government of Canada Concerning Pacific Salmon, signed
at Ottawa, January 28, 1985;
(j) \3\ ``treaty Indian tribe'' means any of the
federally recognized Indian tribes of the Columbia
River basin, Washington coast or Puget Sound areas
having reserved fishing rights to salmon stocks subject
to the Treaty under treaties with the United States
Government; and
(k) \3\ ``United States Section'' means the four
United States Commissioners appointed by the President
pursuant to this title.
SEC. 3.\4\ UNITED STATES SECTION.
(a) Commissioners.--The United States shall be represented
on the Commission by four United States Commissioners who are
knowledgeable or experienced concerning Pacific salmon, to be
appointed by and serve at the pleasure of the President. Of
these, one shall be an official of the United States Government
who shall be a nonvoting member of the United States Section;
one shall be a resident of the State of Alaska and shall be
appointed from a list of at least six qualified individuals
nominated by the Governor of that State; one shall be a
resident of the States of Oregon, or Washington and shall be
appointed from a list of at least six qualified individuals
nominated by the Governors of those States; and one shall be
appointed from a list of at least six qualified individuals
nominated by the treaty Indian tribes of the States of Idaho,
Oregon or Washington. Two of the initial appointments shall be
for two-year terms; all other appointments shall be for four-
year terms. Each Commissioner is eligible for reappointment.
Any individual appointed to fill a vacancy occurring prior to
the expiration of any term of office shall be appointed for the
remainder of that term. Unless otherwise agreed, the
chairmanship of the United States Section shall rotate annually
among all four members with the order of rotation determined by
lot at the first meeting.
---------------------------------------------------------------------------
\4\ 16 U.S.C. 3632.
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(b) Alternate Commissioners.--The Secretary of State, in
consultation with the Secretary and the Secretary of the
Interior, shall designate an Alternate Commissioner for each
Commissioner from the respective lists referred to in section
3(a), and may designate an Alternate Commissioner for the
Federal Commissioner. In the absence of a Commissioner, the
Alternate Commissioner may exercise all functions of such
Commissioner at any meeting of the Commission or of the United
States Section. Alternate Commissioners are eligible for
reappointment and may attend all meetings of the United States
Section.
(c) Southern Panel.--The United States shall be represented
on the southern Panel by six Panel members, of whom--
(1) one shall be an official of the United States
Government, with salmon fishery management
responsibility and expertise;
(2) one shall be an official of the State of Oregon,
with salmon fishery management responsibility and
expertise;
(3) one shall be an official of the State of
Washington, with salmon fishery management
responsibility and expertise;
(4) two shall be appointed from a list submitted by
the treaty Indian tribes of individuals with salmon
fishery management responsibility and expertise; and
(5) one shall be appointed from the commercial or
recreational sector who is knowledgeable and
experienced in the salmon fisheries for which the
southern Panel is responsible.
(d) Northern Panel.--The United States shall be represented
on the northern Panel by six Panel members, of whom--
(1) one shall be an official of the United States
Government, with salmon fishery management
responsibility and expertise;
(2) one shall be an official of the State of Alaska,
with salmon fishery management responsibility and
expertise; and
(3) four shall be individuals knowledgeable and
experienced in the salmon fisheries for which the
northern Panel is responsible.
(e) Fraser River Panel.--The United States shall be
represented on the Fraser River Panel by four Panel members, of
whom--
(1) one shall be an official of the United States
Government, with salmon fishery management
responsibility and expertise;
(2) one shall be an official of the State of
Washington, with salmon fishery management
responsibility and expertise;
(3) one shall be appointed from a list submitted by
the treaty Indian tribes of individuals with salmon
fishery management responsibility and expertise for the
fisheries for which the Fraser River Panel is
responsible; and
(4) one shall be appointed from the commercial sector
of the salmon fishing industry concerned with fisheries
for which the Fraser River Panel is responsible.
(f) \5\ The United States shall be represented on the
Transboundary Panel by seven panel members, of whom--
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\5\ Sec. 144(c)(5) of H.R. 5666, as enacted into law by sec.
1(a)(4) of Public Law 106-554 (114 Stat. 2762) redesignated subsecs.
(f) through (h) as subsecs. (g) through (i), and added a new subsec.
(f).
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(1) one shall be an official of the United States
Government, with salmon fishery management
responsibility and expertise;
(2) one shall be an official of the State of Alaska,
with salmon fishery management responsibility and
expertise; and
(3) five shall be individuals knowledgeable and
experienced in the salmon fisheries for which the
Transboundary Panel is responsible.
(g) \5\ Panel Appointments.--Panel members described in
subsections (c)(2), (c)(3), (d)(2), and (e)(2) shall be
appointed by the Governor of the applicable State. Panel
members described in subsections (c)(4) and (e)(3) shall be
appointed by the Secretary of the Interior from lists of
nominations provided by the appropriate treaty Indian tribes.
All other Panel members shall be appointed by the Secretary:
Provided, That at least one member of the northern Panel shall
be a voting member of the North Pacific Fishery Management
Council, at least one member of the southern Panel shall be a
voting member of the Pacific Fishery Management Council; and
the Panel members described in subsections (c)(5), (d)(3), and
(e)(4) shall be appointed from lists of nominations provided by
the Governors of the applicable States. For the northern,
southern, and Fraser River panels, the appointing authorities
\6\ listed above may also designate an alternate Panel member,
meeting the same qualifications and having the same term of
office, to serve in the absence of a Panel member appointed
under this subsection. Panel members and alternate Panel
members, other than the southern Panel member described in
subsection (c)(5), shall serve four-year terms; except that the
Secretary of State shall designate one-half of the initial
appointments to each Panel as serving two-year terms. The
southern Panel member described in subsection (c)(5) and the
corresponding alternate shall each be appointed for one-year
terms; the first such member shall be appointed from the
commercial sector and an alternate shall be appointed from the
recreational sector, with the alternate succeeding to the
member position in the subsequent year; thereafter the member
and alternate positions shall rotate between the commercial and
recreational sectors on an annual basis. Any individual
appointed to fill a vacancy occurring prior to the expiration
of any term of office shall be appointed for the remainder of
that term. Panel members and alternates shall be eligible for
reappointment and may attend all meetings of the relevant
United States Panel Section.
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\6\ Sec. 144(c)(5)C) of H.R. 5666, as enacted into law by sec.
1(a)(4) of Public Law 106-554 (114 Stat. 2762) struck out ``The
appointing authorities'' and inserted in lieu thereof ``For the
northern, southern, and Fraser River panels, the appointing
authorities''.
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(h) \5\ Voting Requirements.--(1) Except as provided in
paragraph (2), the \7\ United States Section shall operate with
the objective of attaining consensus decisions in the
development and exercise of its single vote within the
Commission. A decision of the United States Section shall be
taken when there is no dissenting vote.
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\7\ Sec. 623(c)(1) of H.R. 3421, as enacted into law by sec.
1000(a)(1) of Public Law 106-113 (113 Stat. 1501), struck out ``The''
and inserted in lieu thereof ``Except as provided in paragraph (2),
the''.
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(2) \8\ A decision of the United States Section with
respect to any salmon fishery regime covered by chapter 1 or 2
(except paragraph 4 of chapter 2) of Annex IV to the Pacific
Salmon Treaty of 1985 shall be taken upon the affirmative vote
of the United States Commissioner appointed from the list
submitted by the Governor of Alaska pursuant to subsection (a).
A decision of the United States Section with respect to any
salmon fishery regime covered by chapter 4, 5 (except paragraph
2(b) of chapter 5), or 6 of the Pacific Salmon Treaty of 1985
shall be taken upon the affirmative vote of both the United
States Commissioner appointed from the list submitted by the
Governors of Washington and Oregon pursuant to subsection (a)
and the United States Commissioner appointed from the list
submitted by the treaty Indian tribes of the State of Idaho,
Oregon, or Washington pursuant to subsection (a). Before a
decision of the United States Section is made under this
paragraph, the voting Commissioner or Commissioners shall
consult with the Commissioner who is an official of the United
States Government under subsection (a) \9\
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\8\ Sec. 623(c)(2) of H.R. 3421, as enacted into law by sec.
1000(a)(1) of Public Law 106-113 (113 Stat. 1501), redesignated paras.
(2) through (7) as paras. (3) through (8), and added a new para. (2).
\9\ So in original. A period probably should appear at this point.
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(3) \8\ All decisions and recommendations of the United
States Section of the northern, southern, and transboundary
\10\ Panels shall require the concurring vote of a majority of
the United States Panel members present and voting, except that
decisions and recommendations of the southern Panel shall
require the concurring vote of the members designated in
subsections (c)(2) and (c)(3) and one of those members
designated in subsection (c)(4).
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\10\ Sec. 144(c)(5)(D) of H.R. 5666, as enacted into law by sec.
1(a)(4) of Public Law 106-554 (114 Stat. 2762) struck out ``northern
and southern'' and inserted in lieu thereof ``northern, southern, and
transboundary''.
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(4) \8\ All decisions and recommendations of the United
States Section of the Fraser River Panel shall require the
concurring vote of all United States Panel members present and
voting, except that orders referred to in article VI(6) of the
Treaty may be agreed to on the basis of a majority, provided
that the Panel members representing the State and Tribal
fishery management authorities concur.
(5) \8\ All decisions and recommendations of any joint
Panel shall require the concurring votes of each Panel under
the voting rules specified in paragraphs (2) and (3).
(6) \8\ To assist in the resolution of disputes affecting
decisions of the United States Section or of the United States
Panel sections, a three-person Conciliation Board may be
established. The members of the Conciliation Board shall be
selected by the United States Section as follows; each non-
Federal Commissioner shall submit a list of no fewer than three
qualified nominees; one person shall be selected from each list
by consensus decision of the Federal Commissioner and the other
two non-Federal Commissioners. The Conciliation Board shall
operate under such bylaws as may be established by the United
States Section.
(7) \8\ In any matter where the Fraser River Panel is
unable to act because the United States Fraser River Panel
members have been unable to reach a decision in accordance with
paragraph (3) of this subsection, and upon a determination by
the Chairman of the subsection, and upon a determination by the
Chairman of the United States Section that an action of the
Panel is required, the United States Section shall act for the
United States Panel members in the Fraser River Panel.
(8) \8\ In any matter where the Secretary of State
determines that the United States is in jeopardy of not
fulfilling its international obligations under the Treaty, the
Secretary of State shall so certify to the United States
Section. Such certification shall include the reasons for such
determination and shall specify the date by which a decision by
the United States Section is desired. If the United States
Section has not reached a decision by the date specified, the
Secretary of State, after consultation with the Secretary and
the Secretary of the Interior, shall report on the matter to
the President.
(i) \5\ Consultation.--In carrying out their functions
under the Treaty, the Commissioners and Panel members may
consult with such other interested parties as they consider
appropriate. The Federal Advisory Committee Act (5 U.S.C. App.
1 et seq.) shall not apply.
SEC. 4.\11\ AUTHORITY AND RESPONSIBILITY.
(a) The Secretary of State is authorized to--
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\11\ 16 U.S.C. 3633.
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(1) receive and transmit, on behalf of the United
States, reports, requests, recommendations, proposals,
and other communications of and to the Commission and
Panels;
(2) in consultation with the Secretary and the
Secretary of the Interior, approve, disapprove, object
to, or withdraw objections to fishery regimes,
including enhancement programs and Fraser River Panel
regulations proposed in accordance with the Treaty, on
the condition that the United States shall be obligated
to carry out such regimes or regulations only to the
extent that funds are made available for such purposes
in appropriation Acts; and
(3) act upon, or refer to other appropriate
authority, any communication referred to in paragraph
(1) of this subsection other than a proposed fishery
regime or Fraser River Panel regulation.
(b) Recommendations of the Commission on fishery regimes or
Fraser River Panel regulations approved by the Secretary of
State pursuant to subsection (a)(2) shall be forwarded
immediately to the States of Alaska, Oregon, Washington, and
Idaho and to the treaty Indian tribes, as appropriate. In the
exercise of their general fishery management authority, the
States and treaty Indian tribes may adopt corresponding laws,
regulations, or orders within their respective jurisdictions.
(c) In cooperation with the appropriate Regional Fishery
Management Councils, States and treaty Indian tribes, the
Secretary shall prepare, as appropriate, all statements,
reports, and information required by the Treaty and submit such
documents to the Secretary of State, who shall transmit them to
the Commission.
SEC. 5.\12\ INTERAGENCY COOPERATION.
(a) In carrying out the provisions of the treaty and this
title, the Secretary, in consultation with the Secretary of the
Interior, may arrange for cooperation with agencies of the
United States, the States, treaty Indian tribes, private
institutions and organizations, and may execute such memoranda
as may be necessary to reflect such agreements.
---------------------------------------------------------------------------
\12\ 16 U.S.C. 3634.
---------------------------------------------------------------------------
(b) Agencies of the United States may cooperate in the
conduct of scientific and other programs, and may furnish
facilities and personnel, for the purposes of assisting the
Commission and Panels in carrying out their responsibilities
under the Treaty. Such agencies may accept reimbursement from
the Commission for providing such services, facilities, and
personnel.
SEC. 6.\13\ PREEMPTION.
If any State or treaty Indian tribe has taken any action,
or omitted to take any action, the results of which place the
United States in jeopardy of not fulfilling its international
obligations under the Treaty, or any fishery regime or Fraser
River Panel regulation adopted thereunder, the Secretary shall
inform the State or tribe of the manner in which the action or
inaction places the United States in jeopardy of not fulfilling
its international obligations under the Treaty, of any remedial
action which would relieve this concern, and of the intention
to promulgate Federal regulations if such remedial actions are
not undertaken within fifteen days unless an earlier action is
required to avoid violation of United States Treaty
obligations. Should United States action be required to meet
Treaty obligations to Canada in respect to treaty Indian
fisheries conducted in terminal areas subject to the continuing
jurisdiction of a United States district court, such action
shall be taken within the framework of such court jurisdiction.
Otherwise, regulations may be promulgated by the Secretary
pursuant to section 7(a) of this title which shall supersede
any State or treaty Indian tribal law, regulation or order
determined by the Secretary to place the United States in
jeopardy of not fulfilling its international obligations under
the Treaty. Timely notice of all such determinations shall be
disseminated by electronic media and shall be published in
local newspapers in the major fishing ports affected and in the
Federal Register. In order to enable the United States to
fulfill its obligations under article IV(7) of the Treaty, the
States of Alaska, Idaho, Oregon and Washington and the treaty
Indian tribes shall advise the Secretary of all pertinent laws
or regulations pertaining to the harvest of Pacific salmon,
together, with such amendments thereto as may be adopted from
time to time.
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\13\ 16 U.S.C. 3635.
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SEC. 7.\14\ RULEMAKING.
(a) The Secretary, in consultation with the Secretary of
the Interior, the Secretary of the Department in which the
Coast Guard is operating and the appropriate Regional Fishery
Management Council, shall promulgate such regulations as may be
necessary to carry out the United States international
obligations under the Treaty and this title, pursuant to
section 6, as well as conforming amendatory regulations
applicable to the United States Exclusive Economic Zone and
special areas.\15\ Any such regulation may be made applicable,
as necessary, to all persons and all vessels subject to the
jurisdiction of the United States, wherever located. Such
regulations as are necessary and appropriate to carry out
obligations of the United States under the Treaty involving a
foreign affairs function, and as such shall not be subject to
sections 4 through 8 of the Administrative Procedure Act (5
U.S.C. 553-557), or the National Environmental Policy Act (42
U.S.C. 4321 et seq.).
---------------------------------------------------------------------------
\14\ 16 U.S.C. 3636.
\15\ Sec. 306(b) of Public Law 102-251 (106 Stat. 66) inserted
``and special areas''.
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(b) The Secretary, in cooperation with the Regional Fishery
Management Councils, States, and treaty Indian tribes, may
promulgate regulations applicable to nationals or vessels of
the United States, or both, which are in addition to, and not
in conflict with, fishery regimes and Fraser River Panel
regulations adopted under the Treaty. Such regulations shall
not discriminate between residents of different States.
(c) Regulations promulgated by the Secretary under this
title shall be subject to judicial review by the district
courts of the United States to the extent authorized by, and in
accordance with, chapter 7 of title 5, United States Code;
except that section 705 of such title is not applicable, and
the appropriate court shall only set aside any such regulation
on a ground specified in section 706(2 (A), (B), (C) or (D) of
such title. A civil action filed pursuant to this section shall
be assigned for hearing at the earliest possible date, shall
take precedence over other matters pending on the docket of the
United States district court at that time, and shall be
expedited in every way by such court and any appellate court.
SEC. 8.\16\ PROHIBITED ACTS AND PENALTIES.
(a) It is unlawful for any person or vessel subject to the
jurisdiction of the United States--
---------------------------------------------------------------------------
\16\ 16 U.S.C. 3637.
---------------------------------------------------------------------------
(1) to violate any provision of this title, or of any
regulation adopted hereunder, or of any Fraser River
Panel regulation approved by the United States under
the Treaty;
(2) to refuse to permit any officer authorized to
enforce the provisions of this title to broad a fishing
vessel subject to such person's control for purposes of
conducting any search or inspection in connection with
the enforcement of this title;
(3) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized
officer in the conduct of any search or inspection
described in subparagraph (2);
(4) to resist a lawful arrest for any act prohibited
by this section;
(5) to ship, transport, offer for sale, sell,
purchase, import, export, or have custody, control, or
possession of, any fish taken or retained in violation
of this title; or
(6) to interfere with, delay, or prevent, by any
means, the apprehension or arrest of another person,
knowing that such other person has committed any act
prohibited by this section.
(b) Any person who commits any act that is unlawful under
subsection (a) of this section be liable to the United States
for a civil penalty as provided by section 308 of the Magnuson-
Stevens Act (16 U.S.C. 1858).
(c) Any person who commits an act that is unlawful under
paragraph (2), (3), (4), or (6) of subsection (a) of this
section shall be guilty of an offense punishable as provided by
section 309(b) of the Magnuson-Stevens Act (16 U.S.C. 1859(b)).
(d)(1) Any vessel (including its gear, furniture,
appurtenances, stores, and cargo) used in the commission of an
act which is prohibited under subsection (a) of this section,
and any fish (or the fair market value thereof) taken or
retained, in any manner, in connection with or as a result of
the commission of any act which is prohibited by subsection (a)
of this section, shall be subject to forfeiture as provided by
section 310 of the Magnuson-Stevens Act (16 U.S.C. 1860).
(2) Any fish seized pursuant to this title may be disposed
of pursuant to the order of a court of competent jurisdiction
or, if perishable, in a manner prescribed by regulation of the
Secretary.
(e) The Secretary and the Secretary of the Department in
which the Coast Guard is operating shall enforce the provisions
of this title and shall have the authority provided by
subsections 311 (a), (b)(1), and (c) of the Magnuson-Stevens
Act (16 U.S.C. 1861 (a), (b)(1), and (c)).
(f) The district courts of the United States shall have
exclusive jurisdiction over any case or controversy arising
under this section and may, at any time--
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem, or other process;
(3) prescribe and accept satisfactory bonds or other
security; and
(4) take such other actions as are in the interest of
justice.
SEC. 9.\17\ GENERAL STANDARDS.
All actions taken under section 3(g), 4, 6, and 7 shall--
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\17\ 16 U.S.C. 3638.
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(a) take into account the best scientific information
available;
(b) result in measures necessary and appropriate for
the conservation, management, utilization and
development of the Pacific salmon resource, with due
consideration of social and economic concerns; and
(c) be consistent with United States obligations
under the Treaty, domestic Indian treaties and other
applicable law.
SEC. 10.\18\ ADVISORY COMMITTEE.
(a) The United States Section shall appoint an advisory
committee of not less than twelve but not more than twenty
members who are knowledgeable and experienced with respect to
fisheries subject to the Treaty. One-half the membership of the
committee shall be residents of the State of Alaska and one
member shall be a resident of the State of Idaho. Each member
shall serve a term of two years and shall be eligible for
reappointment.
---------------------------------------------------------------------------
\18\ 16 U.S.C. 3639.
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(b) Members of the advisory committee may attend all public
meetings of the Commission and Panels and all nonexecutive
sessions of the United States Section and United States Panel
sections. At nonexecutive meetings of the United States Section
and United States Panel sections, members of the advisory
committee shall be given the opportunity to examine and to be
heard on any nonadministrative matter under consideration.
(c) The members of the advisory committee shall receive no
compensation for their services as such members.
(d) The Chairman of the United States Section shall call a
meeting of the advisory committee at least one time each year.
SEC. 11.\19\ ADMINISTRATIVE MATTERS.
(a) Commissioners and Alternate Commissioners who are not
State or Federal employees shall receive compensation at the
daily rate of GS-18 of the General Schedule when engaged in the
actual performance of duties for the United States Section or
for the Commission.
---------------------------------------------------------------------------
\19\ 16 U.S.C. 3640.
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(b) Panel Members and Alternate Panel Members who are not
State or Federal employees shall receive compensation at the
daily rate of GS-16 of the General Schedule when engaged in the
actual performance of duties for the United States Section or
for the Commission.
(c) Travel and other necessary expenses shall be paid for
all United States Commissioners, Alternate Commissioners, Panel
Members, Alternate Panel Members, members of the Joint
Technical Committee, and members of the Advisory Committee when
engaged in the actual performance of duties for the United
States Section or for the Commission.
(d) Except for officials of the United States Government,
such individuals shall not be considered to be Federal
employees while engaged in the actual performance of duties for
the United States Section or for the Commission, except for the
purposes of injury compensation or tort claims liability as
provided in chapter 81 of title 5, United States Code, and
chapter 71 of title 28, United States Code,
SEC. 12.\20\ AUTHORIZATION OF APPROPRIATIONS
There are authorized to be appropriated from time to time
such sums as may be necessary for carrying out the purposes and
provisions of the Treaty and this title including--
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\20\ 16 U.S.C. 3641.
---------------------------------------------------------------------------
(a) necessary travel expenses of the Commissioners,
Panel members, alternate Commissioners, alternate Panel
members, United States members of joint technical
committees established under article IV of the Treaty,
and advisory committee members in accordance with the
Federal Travel Regulations and sections 5701, 5702,
5704 through 5708, and 5731 of title 5, United States
Code;
(b) the United States share of the joint expenses of
the Commission. Provided, That the United States
Commissioners and Panel members and alternates shall
not, with respect to commitments concerning the United
States share of the joint expenses of the Organization,
be subject to section 262b of title 22, United States
Code, insofar as it limits the authority of United
States representatives to international organizations
with respect to such commitments;
(c) amounts for research, enhancement, and other
activities necessary to carry out the purposes of the
Treaty and this title; and
(d) such amounts as may be due to settle accounts
upon termination of the International Pacific Salmon
Fisheries Commission.
SEC. 13. REPEALER.
The Sockeye Salmon or Pink Salmon Fishing Act of July 29,
1947 (16 U.S.C. 776-776f), as amended by the Act of July 11,
1957, sections 1-3, is repealed, effective December 31, 1985.
The Secretary of State \21\ shall dispose of any United States
property held by the International Pacific Salmon Fisheries
Commission on the date of its termination in a manner which
would further the purposes of this title.
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\21\ 16 U.S.C. 3642, beginning at ``The Secretary of State''.
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SEC. 14.\22\ SAVINGS.
This title shall not be interpreted or applied so as to
affect or modify rights established in existing Indian treaties
and other existing Federal laws, including the Order entered in
Confederated Tribes and Bands of the Yakima Indian Nation v.
Baldrige, Civil No. 80-342 (WD WASH.). This section shall not
be interpreted or applied so as to affect or modify any rights
or obligations of the United States pursuant to the Treaty.
---------------------------------------------------------------------------
\22\ 16 U.S.C. 3643.
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SEC. 15.\23\ RESTRICTION ON SPENDING AUTHORITY.
New spending authority or authority to enter into contracts
provided in this Act shall be effective only to such extent, or
in such amounts, as are provided in advance in appropriation
Acts.
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\23\ 16 U.S.C. 3644.
b. Atlantic Salmon Convention Act of 1982
Title III of Public Law 97-389 [H.R. 3942], 96 Stat. 1949 at 1951,
approved December 29, 1982; as amended by Public Law 98-44 [S. 625], 97
Stat. 216, approved July 12, 1983
AN ACT To amend the Commercial Fisheries Research and Development Act
of 1964.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Fisheries Amendments of 1982''.
* * * * * * *
TITLE III--NORTH ATLANTIC SALMON TREATY
Sec. 301.\1\ This title may be cited as the ``Atlantic
Salmon Convention Act of 1982''.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 3601 note.
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Sec. 302.\2\ As used in this title, the term--
---------------------------------------------------------------------------
\2\ 16 U.S.C. 3601.
---------------------------------------------------------------------------
(1) ``Act of 1976'' means the Act entitled ``An Act
to provide for the conservation and management of the
fisheries, and for other purposes'', approved April 13,
1976 (16 U.S.C. 1801 et seq.);
(2) ``Commission'' means any of the Commissions of
the Organization that are established by the
Convention;
(3) ``Commissioner'' means a United States
Commissioner appointed under section 403 of this title;
(4) ``Convention'' means the Convention for the
Conservation of Salmon in the North Atlantic Ocean,
signed at Reykjavik, Iceland, on March 2, 1982;
(5) ``Council'' means the Council established by the
Convention;
(6) ``fishing'' has the same meaning as such term has
in section 3(10) of the Act of 1976 (16 U.S.C.
1802(10));
(7) ``Organization'' means the North Atlantic Salmon
Conservation Organization established under the
Convention;
(8) ``person'' has the same meaning as such term has
in section 3(19) of the Act of 1976 (16 U.S.C.
1802(19)); and
(9) ``salmon'' means all species of salmon which
migrate in or into the waters of the Atlantic Ocean
north of 36 degrees north latitude.
Sec. 303.\3\ (a) The United States shall be represented on
the Council and Commissions by three United States
Commissioners to be appointed by the President to serve at his
pleasure. Of such Commissioners, one shall be an official of
the United States Government, and two shall be individuals (not
officials of the United States Government) who are
knowledgeable or experienced concerning the conservation and
management of salmon of United States origin.
---------------------------------------------------------------------------
\3\ 16 U.S.C. 3602.
---------------------------------------------------------------------------
(b) The Secretary of State, in consultation with the
Secretary of Commerce and the Secretary of the Interior, may
designate alternate United States Commissioners. In the absence
of a Commissioner appointed under subsection (a) of this
section, an alternate Commissioner may exercise at any meeting
of the Organization, the Council, or any Commission all
functions of such Commissioner.
(c) Individuals who serve as Commissioners and alternate
Commissioners shall not receive any compensation for such
service. Such individuals shall not \4\ be considered to be
Federal employees while performing such service, except for
purposes of injury compensation or tort claims liability as
provided in chapter 81 of title 5, United States Code, and
chapter 171 of title 28, United States Code.
---------------------------------------------------------------------------
\4\ Sec. 102(1) of Public Law 98-44 (97 Stat. 216) added the word
``not''.
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(d) In carrying out their functions under the Convention,
the Commissioners may consult with the appropriate Regional
Fishery Management Councils established by section 302 of the
Act of 1976 (16 U.S.C. 1852), and may consult with such other
interested parties as they consider appropriate. The Federal
Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not
apply to consultations described in this subsection.
Sec. 304.\5\ (a) The Secretary of State may--
---------------------------------------------------------------------------
\5\ 16 U.S.C. 3603.
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(1) receive, on behalf of the United States, reports,
requests, recommendations, proposals, and other
communications of the Organization and its subsidiary
organs;
(2) with the concurrence of the Secretary of Commerce
and the Secretary of the Interior, approve, object to,
or withdraw objections to regulatory measures proposed
in accordance with the Convention; and
(3) act upon, or refer to other appropriate
authority, any communication referred to in paragraph
(1) of this sub