[House Report 104-109]
[From the U.S. Government Publishing Office]
104th Congress Rept. 104-109
HOUSE OF REPRESENTATIVES
1st Session Part 2
_______________________________________________________________________
ATLANTIC TUNAS CONVENTION ACT OF 1995
_______________________________________________________________________
June 27, 1995.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Archer, from the Committee on Ways and Means, submitted the
following
R E P O R T
[To accompany H.R. 541]
[Including cost estimate of the Congressional Budget Office]
The Committee on Ways and Means, to whom was referred the
bill (H.R. 541) to reauthorize the Atlantic Tunas Convention
Act of 1975, and for other purposes, having considered the
same, report favorably thereon with amendments and recommend
that the bill as amended do pass.
The amendments (to the bill as reported by the Committee on
Resources) are as follows:
In section 4, strike paragraph (2) and insert the following:
(2) by inserting the following after paragraph (5):
``(6) Identification and Notification.--Not later than
January 1, 1996, and annually thereafter, the Secretary shall--
``(A) identify those nations whose fishing vessels
are fishing, or have fished during the preceding
calendar year, within the Convention area in a manner
that is inconsistent with the objectives of a
conservation or management recommendation of the
Commission;
``(B) notify the President and the nation so
identified, including an explanation of the reasons
therefor; and
``(C) publish a list of those nations identified
under subparagraph (A).
In identifying such nations, the Secretary shall consider,
based on the best available information, whether such nations
have measures in place for reporting, monitoring, and
enforcement that are adequate and effective to meet the
obligations of the Convention.
``(7) 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 by fishing vessels of
that nation within the Convention area that is
inconsistent with the objectives of a conservation or
management recommendation of the Commission; and
``(B) when practicable, require the government or
fishing vessels of that nation to mitigate the negative
impacts of that fishing on the effectiveness of a
conservation or management recommendation of the
Commission including, but not limited to, by imposing
deductions for quota overages in subsequent years.''.
In the matter proposed to be inserted by section 7--
(1) in section 12 of the Atlantic Tunas Convention
Act of 1975--
(A) in paragraph (2), strike ``comparable to
those in effect for the United States pursuant
to'' and insert ``adequate and effective to
meet the obligations of''; and
(B) in paragraph (4), strike ``sections 6 and
13'' and insert ``section 6''; and
(2) strike sections 13, 14, and 15 of the Atlantic
Tunas Convention Act of 1975 and insert the following:
``savings clauses
``Sec. 13. (a) Nothing in this Act shall have the effect of
diminishing the rights and obligations of any nation under
Article VIII(3) of the Convention.
``(b) Nothing in this Act shall have the effect of
diminishing the rights of the United States, or of requiring
the United States to take any action that is inconsistent with
United States obligations, under the Convention or under the
Agreement Establishing the World Trade Organization entered
into on April 15, 1994, and the agreements annexed to that
Agreement that are set forth in section 101(d) of the Uruguay
Round Agreements Act.''.
I. INTRODUCTION
A. Purposes and Summary
H.R. 541, as amended by the Committee, revises the Atlantic
Tunas Convention Act of 1975 (ATCA), legislation which
authorizes U.S. participation in the International Convention
for the Conservation of Atlantic Tunas (ICCAT). The
legislation, as amended by the Committee, makes certain changes
to the ATCA concerning identification and notification of
countries violating the terms of an ICCAT recommendation.
B. Background and Need for Legislation
H.R. 541, as amended by the Committee, revises the Atlantic
Tunas Convention Act of 1975. In 1966, the International
Convention for the Conservation of Atlantic Tunas (ICCAT) was
established, and the United States Senate ratified ICCAT in
1967. The Atlantic Tunas Convention Act (ATCA), which
authorizes U.S. involvement in ICCAT, was enacted in 1975. ATCA
authorizes the Secretary of Commerce to administer and enforce
ICCAT and ATCA, including the promulgation of regulations to
establish open and closed seasons, fish size requirements and
catch limitations, incidental catch restrictions, and observer
coverage. In addition, the Secretary is authorized to prohibit
the entry into the United States of any fish subject to
regulations recommended by ICCAT and taken in a manner which
would diminish the effectiveness of ICCAT's conservation
efforts.
H.R. 541, as amended by the Committee, makes certain
changes to the ATCA concerning the identification and
notification of countries violating the terms of ICCAT
recommendation. Specifically, the legislation would make no
change to current law's authorities to restrict imports of fish
if fished in a manner that tends to diminish the effectiveness
of a recommendation by the ICCAT, instead of imposing
additional, and in some cases mandatory, standards. The
legislation would add provisions requiring Commerce to
identify, notify, and publish a list of countries whose fishing
vessels are fishing or have fished during the previous year in
the Convention area in a manner inconsistent with the
objectives of an ICCAT recommendation. In addition, it provides
that the President may enter into consultations with identified
nations. The purpose of these amendments is to lead to the
development of an international consensus concerning
multilateral management of Atlantic tunas, instead of expanding
the circumstances under which unilateral sanctions are
authorized.
C. Legislative History
H.R. 541 was introduced on January 17, 1995, by Congressman
Jim Saxton. The bill was referred to the Committee on
Resources. On April 5, 1995, the Committee on Resources
reported H.R. 541 favorably, with amendments. See H. Rep. 104-
109 (Part 1) for a detailed description of action by the
Committee on Resources.
On May 1, 1995, H.R. 541, as amended by the Committee on
Resources, was referred to the Committee on Ways and Means
sequentially, for a period ending not later than June 30, 1995.
On June 14, 1995, the Subcommittee on Trade of the
Committee on Ways and Means met to consider H.R. 541. At that
time, Chairman Crane offered an amendment concerning those
provisions of H.R. 541 within the jurisdiction of the
Committee. No other amendments were offered, and the bill, as
amended, was ordered favorably reported to the Full Committee
by voice vote, in the presence of a quorum.
On June 20, 1995, the Committee on Ways and Means met to
consider H.R. 541, as amended by the Subcommittee. The
Committee ordered the bill to be favorably reported without
further amendment by voice vote, in the presence of a quorum.
II. SECTION-BY-SECTION SUMMARY OF THE PROVISIONS IN THE JURISDICTION OF
THE COMMITTEE ON WAYS AND MEANS, JUSTIFICATION, AND COMPARISON WITH
PRESENT LAW
section 4. regulations and enforcement of convention
Present law
Section 4 of the Atlantic Tunas Convention Act of 1975 (19
U.S.C. Sec. 971d(c)(4)) provides that the Secretary of Commerce
shall prohibit imports of fish of species subject to an
International Convention for the Conservation of Atlantic Tunas
(ICCAT) recommendation under two circumstances: first, they
have been taken from the Convention area in a manner that tends
to diminish the effectiveness of the ICCAT recommendation; or,
second, a country's vessels are used in fishing operations in
the Convention area in a manner that tends to diminish the
effectiveness of the ICCAT recommendation. Section 5 (19 U.S.C.
Sec. 971d(c)(5)) provides that in the case of repeated and
flagrant fishing operations that seriously threaten achievement
of the objectives of an ICCAT recommendation, Commerce may
prohibit imports of fish from other species covered by ICCAT.
Present law contains no provisions for identification or
notification of, or consultation with, countries potentially in
violation of an ICCAT recommendation.
Explanation of provision
H.R. 541, as amended by the Committee, does not modify
sections 4 and 5 of the Atlantic Tunas Convention Act. However,
section 4(2) of the legislation amends the Atlantic Tunas
Convention Act by adding section 6, to require the Secretary of
Commerce, beginning January 1, 1996 and annually thereafter, to
identify, notify, and publish a list of those nations whose
fishing vessels are fishing, or have fished during the previous
year, in the Convention area in a manner that is inconsistent
with the objectives of an ICCAT recommendation. In addition,
the legislation would add a provision requiring consideration,
during the identification process, of whether nations have
measures for reporting, monitoring, and enforcement that are
adequate and effective to meet the obligations of the
Convention. Finally, section 4(2) would add a section 7 to the
Act, to provide that, not later than thirty days after a
country is notified under the previous section, the President
may enter into consultations with that country. The purpose of
the consultations is to effect the immediate termination and
prevent the resumption of fishing that is inconsistent with an
ICCAT recommendation and, where practicable, to require the
government of fishing vessels of that country to mitigate the
negative impacts of that fishing.
Reason for change
H.R. 541, as reported by the Committee on Resources, would
have deleted provisions permitting sanctions under current law
and instead provided for some mandatory sanctions and would
have required the President to undertake consultations with
countries identified under the Act. However, it is the view of
the Committee that current law provides ample authority for the
President to take action against countries violating ICCAT
principles and objectives, and it is unnecessary to expand this
authority further. The Committee recognizes that enforcement
actions are often the most effective when they are based on
international consensus, and that such consensus would be more
constructive to effective management of Atlantic tunas by all
countries concerned. The Committee thus expects the Secretary
to use this authority, wherever possible in accordance with
multilaterally agreed decisions taken by ICCAT and to work
within ICCAT and other institutions to achieve multilateral
consensus on appropriate enforcement mechanisms. The Committee
anticipates that eventually, the United States could move away
from unilateral enforcement entirely.
To assist in the furtherance of multilateral efforts, the
amendments require the Secretary to identify nations whose
fishing vessels are fishing or have fished during the previous
year in a manner inconsistent with the objectives of an ICCAT
recommendation. These amendments do not affect the current
sanction authority of the President but are intended to
authorize the Secretary to gather information primarily for the
purpose of assisting the ICCAT Commission in its
determinations.
Finally, the Committee believes that oversight concerning
the reporting, monitoring, and enforcement measures of other
countries will be more effective if those countries are held to
an international standard rather than the standard of whether
they are comparable to the U.S. measures.
section 7. report and certification
Present law
The Atlantic Tunas Convention Act of 1975 contains no
provisions concerning countries that do not report, monitor, or
enforce an ICCAT determination. In addition, present law does
not contain a savings clause relating the Act to rights and
obligations under the Convention or other international
agreements.
Explanation of provision
Section 7 of H.R. 541, as amended by the Committee, amends
ATCA by adding section 12, to require the Secretary of Commerce
to submit a report to the Committee on Resources of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate that, among other things,
describes the results of efforts by the United States to
negotiate with other nations to establish reporting,
monitoring, and enforcement measures that are adequate and
effective to meet the obligations of ICCAT.
In addition, section 7 of H.R. 541, as amended, revises
ATCA by adding section 13, to provide that no ATCA provision
shall have the effect of diminishing the rights and obligations
of any nation under ICCAT. In addition, section 7 provides that
no ATCA provision shall have the effect of diminishing the
rights of the United States, or of requiring the United States
to take any action that is inconsistent with U.S. obligations
under ICCAT or the Agreement Establishing the World Trade
Organization and the agreements annexed to that Agreement.
Reason for change
H.R. 541 as reported by the Committee on Resources requires
the Secretary of Commerce to certify to the President whether
any countries have not established or are not likely to
establish reporting, monitoring, and enforcement measures
comparable to those in effect for the United States. In
addition, H.R. 541 as reported by that Committee requires the
President, within sixty days of such a certification, to limit
the importation of fish to levels consistent with the quota
levels established by the Commission. H.R. 541, as amended by
the Committee, strikes those provisions and instead includes as
a condition for certification under the new section 6 of the
Act whether a signatory has measures that are adequate and
effective to meet the obligations of the Convention. It is the
view of the Committee that it is not appropriate to hold ICCAT
signatories to a standard in which their measures must be
comparable to those of the United States. Instead, it is
appropriate to consider only whether those signatories are
complying with international standards developed through the
ICCAT. The change made by section 7 of H.R. 541, as amended, to
section 12 of the Act is a conforming change concerning this
international standard.
Concerning the savings clause, it is the view of the
Committee that the United States should not be required to take
action under the Act in a manner that is inconsistent with its
international obligations under either the Convention or trade
agreements.
III. VOTE ON THE COMMITTEE IN REPORTING THE BILL
In compliance with clause 2(l)(2)(B) of rule XI of the
Rules of the House of Representatives, the following statement
is made relative to the vote of the Committee in reporting the
bill: On June 20, 1995, H.R. 541, as amended, was ordered
reported with amendments by voice vote, with a quorum present.
IV. BUDGETARY AUTHORITY AND COST ESTIMATES, INCLUDING ESTIMATES OF THE
CONGRESSIONAL BUDGET OFFICE
A. Committee Estimate of Budgetary Effect
In compliance with clause 7(a) of rule XIII of the Rules of
the House of Representatives, the following statement is made:
The Committee agrees with the estimate prepared by the
Congressional Budget Office (CBO) which is included below.
B. Statement Regarding New Budget Authority and Tax Expenditures
In compliance with clause 2(l)(3)(B) of rule XI of the
Rules of the House of Representatives, the Committee states
that the bill does not provide new budget, spending, or credit
authority or an increase or decrease in revenues or tax
authority.
C. Cost Estimate Prepared by the Congressional Budget Office
In compliance with clause 2(l)(3)(C) of rule XI of the
Rules of the House of Representatives requiring a cost estimate
prepared by the Congressional Budget Office, the following
report prepared by CBO is provided.
U.S. Congress,
Congressional Budget Office,
Washington DC, June 23, 1995.
Hon. Bill Archer,
Chairman, Committee on Ways and Means,
House of Representatives, Washington DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 541, the Atlantic
Tunas Convention Act of 1995.
Enactment of H.R. 541 would affect direct spending and
receipts. Therefore, pay-as-you-go procedures would apply to
the bill.
If you wish further details on this estimate, we will be
pleased to provide them.
Sincerely,
James L. Blum
(For June E. O'Neill, Director).
Enclosure.
congressional budget office cost estimate
1. Bill number: H.R. 541.
2. Bill title: The Atlantic Tunas Convention Act of 1995.
3. Bill status: As ordered by the House Committee on Ways
and Means on June 20, 1995.
4. Bill purpose: H.R. 541 would amend the Atlantic Tunas
Convention Act (Public Law 94-70) to require the Secretary of
Commerce to develop and implement a research and monitoring
program to support the conservation and management of Atlantic
bluefin tuna and other highly migratory species. The bill also
would require the Secretary of Commerce to submit a report to
the Congress explaining any current research that is being done
on these species, as well as budgetary resources and personnel
committed to this effort. The bill would authorize
appropriations of $2.75 million in fiscal year 1996 and $4
million each year for fiscal years 1997 and 1998 to carry out
these activities.
H.R. 541 also would require the Secretary of Commerce to
publish annually a list of nations whose fishing vessels have
fished within an area designated by the International
Convention for the Conservation of Atlantic Tunas (ICCAT) in
ways that are inconsistent with recommendations of the
Commission for the Conservation of Atlantic Tunas. The
President would be directed to enter into consultations with
those nations in order to end this behavior by their vessels,
and if practicable, to mitigate any negative impacts that have
taken place by imposing deductions for quota averages in
subsequent years or by other means.
Finally, H.R. 541 would amend Public Law 94-70 to establish
civil and criminal penalties under the Magnuson Fishery
Conservation and Management Act.
5. Estimated cost to the Federal Government: H.R. 541 would
authorize appropriations of $2.75 million for 1996 and $4
million each year for fiscal years 1997 and 1998. This estimate
assumes that the full amounts authorized would be appropriated.
The National Oceanic and Atmospheric Administration (NOAA) did
not receive an appropriation to carry out these activities in
1995. Because some of the bill's requirements are similar to
functions already being carried out by NOAA within its
Operations, Research and Facilities account, CBO used that
account's outlay rate for estimating outlays of the amounts
authorized.
------------------------------------------------------------------------
1996 1997 1998 1999 2000
------------------------------------------------------------------------
Spending subject
to
appropriations
action:
Authorization
s of
appropriatio
ns.......... 2.8 4.0 4.0 ......... .........
Estimated
outlays..... 1.7 3.1 3.7 1.5 0.5
Direct spending:
Estimated
budget
authority... (\1\) (\1\) (\1\) (\1\) (\1\)
Estimated
outlays..... (\1\) (\1\) (\1\) (\1\) (\1\)
Revenues......... (\1\) (\1\) (\1\) (\1\) (\1\)
------------------------------------------------------------------------
\1\ CBO cannot estimate this amount precisely, but expects that it would
be less than $500,000.
The costs of this bill fall within budget function 300.
Any civil and criminal fines levied under the Magnuson Act
would increase receipts to the federal government. Criminal
fines would be deposited in the Crime Victims Fund and would be
spent in the following year. Receipts from civil penalties
would be used to pay for enforcement costs incurred by the
Department of Commerce. CBO does not expect this additional
revenue or direct spending to be significant.
6. Pay-as-you-go considerations: Section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985 sets
up pay-as-you-go procedures for legislation affecting direct
spending or receipts through 1998. CBO estimates that enactment
of H.R. 541 would affect direct spending and receipts through
the imposition of criminal fines and resulting spending from
the Crime Victims Fund. CBO estimates that the amounts involved
would be less than $500,000 per year. The following table
summarizes the estimated pay-as-you-go impact of this bill.
------------------------------------------------------------------------
1996 1997 1998
------------------------------------------------------------------------
Change in outlays...................... 0 0 0
Change in receipts..................... 0 0 0
------------------------------------------------------------------------
7. Estimated cost to State and local governments: None.
8. Estimate comparison: None.
9. Previous CBO estimate: On April 12, 1995, CBO prepared a
cost estimate for S. 267, the Fisheries Act of 1995, as ordered
reported by the Senate Committee on Commerce, Science, and
Transportation on March 28, 1995. H.R. 541 corresponds closely
to Title III of S. 267, with the addition of identification,
notification, and consultation language regarding nations whose
fishing vessels have fished in ICCAT-designated areas.
On April 13, 1995, CBO prepared a cost estimate for H.R.
541, as ordered reported by the House Committee on Resources.
Although similar to S. 267, H.R. 541 included import
prohibition and limitation provisions on bluefin tuna and other
species that would not have increased costs significantly to
the federal government.
10. Estimate prepared by: Rachel Robertson and Melissa
Sampson.
11. Estimate approved by: Paul N. Van de Water, Assistant
Director for Budget Analysis.
V. OTHER MATTERS REQUIRED TO BE DISCUSSED UNDER THE RULES OF THE HOUSE
A. Committee Oversight Findings and Recommendations
With respect to subdivision (A) of clause 2(l)(3) of rule
XI of the Rules of the House of Representatives (relating to
oversight findings), the Committee advises that it was as a
result of the Committee's oversight activities concerning
customs and tariff matters, import trade matters, and specific
trade-related problems that the Committee concluded that it was
appropriate to enact the provisions contained in the bill.
B. Summary of Findings and Recommendations of the Committee on
Government Reform and Oversight
With respect to subdivision (D) of clause 2(l)(3) of rule
XI of the Rules of the House of Representatives (relating to
oversight findings), the Committee advises that no oversight
findings or recommendations have been submitted to this
Committee by the Committee on Government Reform and Oversight
with respect to the provisions contained in this bill.
C. Inflationary Impact Statement
In compliance with clause 2(l)(4) of rule XI of the Rules
of the House of Representatives, the Committee states that the
provisions of the bill are not expected to have an overall
inflationary impact on prices and costs in the operation of the
national economy.
VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman):
SECTION 3 OF THE ACT OF SEPTEMBER 4, 1980
AN ACT To authorize appropriations for fiscal years 1981, 1982, and
1983 for the Atlantic Tunas Convention Act of 1975, and for other
purposes
[SEC. 3. REPORTS REGARDING BLUEFIN TUNA.]
SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.
(a) 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--
(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. There are authorized to be
appropriated such sums as may be necessary to carry out this
section.
(b) Highly Migratory Species Research and Monitoring.--
(1) Within 6 months after the date of enactment of
the Atlantic Tunas Convention 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 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 routes;
(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) The Secretary of Commerce shall ensure that
personnel and resources of each regional research
center shall have substantial participation in the
stock assessments, research, and monitoring of highly
migratory species that occur in that region.
(4) In developing a program under this section, the
Secretary shall provide for comparable monitoring of
all United States fishermen to which this Act applies
with respect to effort and species composition of catch
and discards. The Secretary through the Secretary of
State shall encourage other member nations to adopt a
similar program.
----------
ATLANTIC TUNAS CONVENTION ACT OF 1975
* * * * * * *
advisory committee
Sec. 4. (a) There is established an advisory committee which
shall be composed of--
(1) * * *
* * * * * * *
(b)(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.
(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 Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), and the Convention.
The advisory committee shall publish and make available to the
public a statement of its organization, practices, and
procedures.
(6) The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the advisory committee.
* * * * * * *
administration
Sec. 6. (a) * * *
* * * * * * *
(c)(1) * * *
* * * * * * *
(3) The regulations required to be promulgated under
paragraph (1) of this subsection may--
(A) * * *
* * * * * * *
(K) 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 fishery mortality level to the United States
agreed to pursuant to a recommendation of the Commission.
* * * * * * *
(6) Identification and Notification.--Not later than January
1, 1996, and annually thereafter, the Secretary shall--
(A) identify those nations whose fishing vessels are
fishing, or have fished during the preceding calendar
year, within the Convention area in a manner that is
inconsistent with the objectives of a conservation or
management recommendation of the Commission;
(B) notify the President and the nation so
identified, including an explanation of the reasons
therefor; and
(C) publish a list of those nations identified under
subparagraph (A).
In identifying such nations, the Secretary shall consider,
based on the best available information, whether such nations
have measures in place for reporting, monitoring, and
enforcement that are adequate and effective to meet the
obligations of the Convention.
(7) 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 by fishing vessels of that
nation within the Convention area that is inconsistent
with the objectives of a conservation or management
recommendation of the Commission; and
(B) when practicable, require the government or
fishing vessels of that nation to mitigate the negative
impacts of that fishing on the effectiveness of a
conservation or management recommendation of the
Commission including, but not limited to, by imposing
deductions for quota overages in subsequent years.
* * * * * * *
violations; fines and forfeitures; application of related laws
Sec. 7. (a) * * *
* * * * * * *
[(e)(1) Any person who--
[(A) violates any provision of subsection (a) of this
section shall be assessed a civil penalty of not more
than $25,000, and for any subsequent violation of such
subsection (a) shall be assessed a civil penalty of not
more than $50,000;
[(B) violates any provision of subsection (b) or (c)
of this section shall be assessed a civil penalty of
not more than $1,000, and for any subsequent violation
of such subsection (b) or (c) shall be assessed a civil
penalty of not more than $5,000; or
[(C) violates any provision of subsection (d) of this
section shall be assessed a civil penalty of not more
than $100,000.
[(2) The Secretary is responsible for the assessment of the
civil penalties provided for in paragraph (1). The Secretary
may remit or mitigate any civil penalty assessed by him under
this subsection for good cause shown.
[(3) No penalty shall be assessed under this subsection
unless the person accused of committing any violation is given
notice and opportunity for a hearing with respect to such
violation.
[(4) Upon any failure of any person to pay a penalty assessed
under this subsection, the Secretary may request the Attorney
General to institute a civil action in a district court of the
United States for any district in which such person is found,
resides, or transacts business to collect the penalty and such
court shall have jurisdiction to hear and decide any such
action.]
(e) The civil penalty and permit sanctions of section 308 of
the Magnuson Fishery Conservation and Management Act (16 U.S.C.
1858) are hereby made applicable to violations of this section
as if they were violations of section 307 of that Act.
* * * * * * *
[authorization of appropriations
[Sec. 10. 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, not more than $2,000,000 for each
of the fiscal years 1989, 1990, 1991, 1992, and 1993.]
authorization of appropriations
Sec. 10. 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:
(1) For fiscal year 1996, $2,750,000, of which
$50,000 are authorized in the aggregate for the
advisory committee established under section 4 and the
species working groups established under section 4A,
and $1,500,000 are authorized for research activities
under this Act.
(2) For fiscal year 1997, $4,000,000 of which $62,000
are authorized in the aggregate for such advisory
committee and such working groups, and $2,500,000 are
authorized for such research activities.
(3) For fiscal year 1998, $4,000,000, of which
$75,000 are authorized in the aggregate for such
advisory committee and such working groups, and
$2,500,000 are authorized for such research activities.
* * * * * * *
annual report
Sec. 12. Not later than April 1, 1996, and annually
thereafter, the Secretary, in consultation with the Secretary
of State and the advisory committee established under section
4, 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--
(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) describes the results of efforts by the United
States to negotiate with other nations whose fishing
vessels are fishing or have fished in the previous year
within the Convention area to establish reporting,
monitoring, and enforcement measures that are adequate
and effective to meet the obligations of the
Convention;
(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 clauses
Sec. 13. (a) Nothing in this Act shall have the effect of
diminishing the rights and obligations of any nation under
Article VIII(3) of the Convention.
(b) Nothing in this Act shall have the effect of diminishing
the rights of the United States, or of requiring the United
States to take any action that is inconsistent with United
States obligations, under the Convention or under the Agreement
Establishing the World Trade Organization entered into on April
15, 1994, and the agreements annexed to that Agreement that are
set forth in section 101(d) of the Uruguay Round Agreements
Act.