16 U.S.C. § 1822 — International fishery agreements

Page 2012 TITLE 16—CONSERVATION § 1822 U.S.C. 1821, 1824, and 1857(2)), foreign fishing may be conducted pursuant to the Treaty between the Govern- ment of the United States of America and the Govern- ment of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges, signed at Washington May 26, 1981, including its Annexes and any amendments thereto. ‘‘(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 its Annexes; and ‘‘(2) provide for the application of any such regula- tion to any person or vessel subject to the jurisdic- tion 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 pro- vision of that Act. Any reference in the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) to ‘this Act’ or to any provi- sion 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 Mag- nuson-Stevens Fishery Conservation and Manage- ment Act (16 U.S.C. 1801 et seq.); and ‘‘(B) the regulations were promulgated under that Act.’’ FOREIGN FISHING FOR ATLANTIC HERRING AND MACKEREL Pub. L. 104–43, title VIII, § 802, Nov. 3, 1995, 109 Stat. 396, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that: ‘‘Notwithstanding any other pro- vision of law— ‘‘(1) no allocation may be made to any foreign na- tion or vessel under section 201 of the Magnuson-Ste- vens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) [16 U.S.C. 1821] in any fishery for which there is not a fishery management plan imple- mented in accordance with that Act [16 U.S.C. 1801 et seq.]; and ‘‘(2) the Secretary of Commerce may not approve the portion of any permit application submitted under section 204(b) of the Act [16 U.S.C. 1824(b)] which proposes fishing by a foreign vessel for Atlan- tic mackerel or Atlantic herring unless— ‘‘(A) the appropriate regional fishery manage- ment 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.’’ USE OF VESSEL IDENTIFICATION EQUIPMENT Pub. L. 100–629, § 6, Nov. 7, 1988, 102 Stat. 3287, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, pro- vided that: ‘‘(a) The Secretary of State, the Secretary of Com- merce, and the Secretary of the department in which the Coast Guard is operating, as appropriate, shall ex- ercise their authority under section 201(c)(2)(C) of the Magnuson-Stevens Fishery Conservation and Manage- ment Act (16 U.S.C. 1821) to require the use of tran- sponders 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. ‘‘(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 of the House of Rep- resentatives and the Committee on Commerce, Science and Transportation of the Senate within 180 days after the date of enactment of this Act [Nov. 7, 1988] on the results of their compliance with subsection (a).’’ § 1822. International fishery agreements (a) Negotiations The Secretary of State— (1) shall renegotiate treaties as provided for in subsection (b); (2) shall negotiate governing international fishery agreements described in section 1821(c) of this title; (3) may negotiate boundary agreements as provided for in subsection (d); (4) shall, upon the request of and in coopera- tion 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 fish- ery 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 pur- poses, policy, and provisions of this chapter. (b) Treaty renegotiation The Secretary of State, in cooperation with the Secretary, shall initiate, promptly after April 13, 1976, the renegotiation of any treaty which pertains to fishing within the exclusive economic zone (or within the area that will con- stitute such zone after February 28, 1977), or for anadromous species or Continental Shelf fishery resources beyond such zone or area, and which is in any manner inconsistent with the purposes, policy, or provisions of this chapter, 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 April 13, 1976. (c) International fishery agreements No international fishery agreement (other than a treaty) which pertains to foreign fishing within the exclusive economic zone (or within the area that will constitute such zone after February 28, 1977), or for anadromous species or Continental Shelf fishery resources beyond such zone or area— (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 1821(c) of this title or section 1824(e) of this title. (d) Boundary negotiations The Secretary of State, in cooperation with the Secretary, may initiate and conduct nego- tiations with any adjacent or opposite foreign Page 2013 TITLE 16—CONSERVATION § 1822 1 So in original. nation to establish the boundaries of the exclu- sive economic zone of the United States in rela- tion to any such nation. (e) Highly migratory species agreements (1) Evaluation The Secretary of State, in cooperation with the Secretary, shall evaluate the effectiveness of each existing international fishery agree- ment which pertains to fishing for highly mi- gratory species. Such evaluation shall con- sider whether the agreement provides for— (A) the collection and analysis of nec- essary information for effectively managing the fishery, including but not limited to in- formation about the number of vessels in- volved, 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 applica- ble to the fishery which are necessary and appropriate for the conservation and man- agement 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 ar- rangements throughout the area of jurisdic- tion; and (E) sufficient and dependable funding to implement the provisions of the agreement, based on reasonable assessments of the bene- fits 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 November 28, 1990, on the results of the evaluation re- quired under paragraph (1), together with recommendations for addressing any inad- equacies identified; and (B) within six months after November 28, 1990, on the results of the access negotia- tions required under paragraph (2). (4) Negotiation The Secretary of State, in consultation with the Secretary, shall undertake such negotia- tions 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 ear- liest 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 1 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. (f) 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 eco- nomic zone (or the equivalent) beyond such na- tion’s territorial sea, to the extent that such sea is recognized by the United States, if such na- tion— (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 appli- cable 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) Fishery agreement with Russia (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— (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 Agree- ment 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 ves- sels of Russia the opportunity to conduct tra- ditional 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 bound- ary, including the eastern special areas de- scribed 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 waters 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 agree- ment 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 Page 2014 TITLE 16—CONSERVATION § 1822 extent such regulations and permit require- ments are specified in that agreement. (3) The Secretary of Commerce may promul- gate such regulations, in accordance with sec- tion 553 of title 5, as may be necessary to carry out the provisions of any fishery agreement ne- gotiated and concluded pursuant to paragraph (1). (h) Bycatch reduction agreements (1) The Secretary of State, in cooperation with the Secretary, shall seek to secure an inter- national agreement to establish standards and measures for bycatch reduction that are com- parable to the standards and measures applica- ble to United States fishermen for such purposes in any fishery regulated pursuant to this chap- ter 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 chapter; and (B) subject to approval by Congress under section 1823 of this title. (Pub. L. 94–265, title II, § 202, Apr. 13, 1976, 90 Stat. 339; Pub. L. 99–659, title I, § 101(c)(2), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101–627, title I, §§ 105(a), 120(a), Nov. 28, 1990, 104 Stat. 4439, 4459; Pub. L. 102–251, title III, § 301(e), Mar. 9, 1992, 106 Stat. 63; Pub. L. 104–297, title I, § 105(b), Oct. 11, 1996, 110 Stat. 3564; Pub. L. 117–328, div. S, title II, § 205(b)(1)(A), Dec. 29, 2022, 136 Stat. 5270.) AMENDMENT OF SECTION Pub. L. 102–251, title III, §§ 301(e)(1), (2), 308, Mar. 9, 1992, 106 Stat. 63, 66, provided that, ef- fective on the date on which the Agreement be- tween the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, with authority to prescribe imple- menting regulations effective Mar. 9, 1992, but with no such regulation to be effective until the date on which the Agreement enters into force for the United States, this section is amended: (1) in subsection (b), (A) by inserting ‘‘or spe- cial areas’’ immediately after ‘‘February 28, 1977)’’ and (B) by striking ‘‘such zone or area’’ and inserting in lieu thereof ‘‘such zone or areas’’; and (2) in subsection (c), (A) by inserting ‘‘or spe- cial areas’’ immediately after ‘‘February 28, 1977)’’ and (B) by striking ‘‘such zone or area’’ and inserting in lieu thereof ‘‘such zone or areas’’. Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(5), (b), and (h)(1), (2)(A), was in the original ‘‘this Act’’, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Manage- ment Act, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. AMENDMENTS 2022—Subsec. (h)(3). Pub. L. 117–328 struck out par. (3) which read as follows: ‘‘Not later than January 1, 1997, and annually thereafter, the Secretary, in consultation with the Secretary of State, shall submit to the Com- mittee 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.’’ 1996—Subsec. (c). Pub. L. 104–297, § 105(b)(1), inserted before period at end ‘‘or section 1824(e) of this title’’. Subsec. (h). Pub. L. 104–297, § 105(b)(2), added subsec. (h). 1992—Subsec. (g). Pub. L. 102–251, § 301(e)(3), added subsec. (g). 1990—Subsec. (e). Pub. L. 101–627, § 105(a), added sub- sec. (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 101–627, § 120(a), substituted ‘‘an exclusive economic’’ for ‘‘a exclusive economic’’. Pub. L. 101–627, § 105(a), redesignated former subsec. (e) as (f). 1986—Subsecs. (b) to (e). Pub. L. 99–659 substituted ‘‘exclusive economic zone’’ for ‘‘fishery conservation zone’’ wherever appearing. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by section 301(e)(3) of Pub. L. 102–251 ef- fective Mar. 9, 1992, and amendment by section 301(e)(1), (2), of Pub. L. 102–251 effective on date on which Agree- ment between United States and Union of Soviet So- cialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, with authority to prescribe implementing regulations effec- tive Mar. 9, 1992, but with no such regulation to be ef- fective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102–251, set out as a note under section 773 of this title. SHARK FINNING PROHIBITION Pub. L. 106–557, Dec. 21, 2000, 114 Stat. 2772, as amend- ed by Pub. L. 109–479, title III, § 302(c), Jan. 12, 2007, 120 Stat. 3623, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Shark Finning Prohi- bition Act’. ‘‘SEC. 2. PURPOSE. ‘‘The purpose of this Act is to eliminate shark-fin- ning by addressing the problem comprehensively at both the national and international levels. ‘‘SEC. 3. PROHIBITION ON REMOVING SHARK FIN AND DISCARDING SHARK CARCASS AT SEA ‘‘[Amended section 1857 of this title.] ‘‘SEC. 4. REGULATIONS. ‘‘No later than 180 days after the date of the enact- ment of this Act [Dec. 21, 2000], the Secretary of Com- merce shall promulgate regulations implementing the provisions of section 3076(1)(P) [307(1)(P)] of the Magnu- son-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(P)), as added by section 3 of this Act. ‘‘SEC. 5. 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 agree- ments with other nations for the prohibition on shark-finning; Page 2015 TITLE 16—CONSERVATION § 1822 ‘‘(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 ex- tent of shark-finning by such persons and the land- ing or transshipment of shark fins through foreign ports; and ‘‘(B) entering into bilateral and multilateral trea- ties with such countries to protect such species; ‘‘(3) seek agreements calling for an international ban on shark-finning and other fishing practices ad- versely 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 inter- national 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 Resolu- tion on Cooperation with FAO with Regard to study on the Status of Sharks and By-Catch of Shark Spe- cies; and ‘‘(6) urge other governments to prepare and submit their respective National Plan of Action for the Con- servation and Management of Sharks to the 2001 ses- sion of the FAO Committee on Fisheries, as set forth in the International Plan of Action for the Conserva- tion and Management of Sharks. ‘‘SEC. 6. 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 [Dec. 21, 2000], and every year thereafter, a re- port 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 es- timates 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 inter- national measures for the conservation of sharks; and ‘‘(4) includes recommendations for measures to en- sure that United States actions are consistent with national, international, and regional obligations re- lating to shark populations, including those listed under the Convention on International Trade in En- dangered Species of Wild Flora and Fauna. ‘‘SEC. 7. RESEARCH. ‘‘The Secretary of Commerce, subject to the avail- ability 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 assess- ments 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 utiliza- tion 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 Man- agement Act (16 U.S.C. 1853, 1857(1)(P)). ‘‘(6) Research on the nature and extent of the har- vest of sharks and shark fins by foreign fleets and the international trade in shark fins and other shark products. ‘‘SEC. 8. WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH PROGRAM. ‘‘The National Marine Fisheries Service, in consulta- tion 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 [Service] may initiate such shark cooperative research programs upon the request of any other fishery management council. ‘‘SEC. 9. SHARK-FINNING DEFINED. ‘‘In this Act, the term ‘shark-finning’ means the tak- ing of a shark, removing the fin or fins (whether or not including the tail) of a shark, and returning the re- mainder of the shark to the sea. ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated to the Sec- retary of Commerce for fiscal years 2007 through 2011 such sums as are necessary to carry out this Act.’’ CERTIFICATE OF LEGAL ORIGIN FOR ANADROMOUS FISH PRODUCTS Pub. L. 101–627, title VIII, § 801, Nov. 28, 1990, 104 Stat. 4464, provided that: ‘‘(a) NEGOTIATIONS.—Within 60 days after the date of enactment of this Act [Nov. 28, 1990], the Secretary of State 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 prod- ucts are accompanied by a valid certificate of legal ori- gin attesting that the fish or fish product was lawfully harvested— ‘‘(1) within the jurisdiction of a nation having natu- rally occurring or artificially established anad- romous fish populations of the same species as the imported or exported 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 ves- sel 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.—Ef- forts undertaken by the Secretary of State pursuant to subsection (a) may, at the discretion of the Secretary, be directed toward achieving either bilateral or multi- lateral agreements, including trade agreements, which- ever the Secretary determines to be most likely to re- sult 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 [Nov. 28, 1990], promulgate regulations pro- viding for— ‘‘(1) the issuance of certificates of legal origin pur- suant to agreements under subsection (a) for anad- romous fish and anadromous fish products legally harvested by vessels of the United States; Page 2016 TITLE 16—CONSERVATION § 1822 ‘‘(2) the delegation of the authority to issue certifi- cates of legal origin to States, territories, or posses- sions of the United States which the Secretary of Commerce determines to have implemented a pro- gram which is sufficient to accomplish the purposes of subsection (a); and ‘‘(3) an orderly transition to such regulations, suffi- cient to ensure that United States commerce in anad- romous fish and anadromous fish products is not un- duly 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 [Nov. 28, 1990], submit to the Congress a re- port— ‘‘(1) making recommendations as to the need for the adoption of United States import and export re- strictions on anadromous fish and anadromous fish products consistent with subsection (a); and ‘‘(2) identifying, evaluating, and making rec- ommendations 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 pro- mulgation of the regulations required by subsection (d), the Secretary of Commerce finds that any nation is en- gaging 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)).’’ DRIFTNET IMPACT MONITORING, ASSESSMENT, AND CONTROL Pub. L. 100–220, title IV, Dec. 29, 1987, 101 Stat. 1477, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that: ‘‘SEC. 4001. SHORT TITLE. ‘‘This title may be cited as the ‘Driftnet Impact Mon- itoring, Assessment, and Control Act of 1987’. ‘‘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 reli- able 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, as- sess, 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) [now 3(11)] of the Magnuson-Stevens Fishery Con- servation and Management Act (16 U.S.C. 1802(b) [1802(11)]). ‘‘(4) MARINE RESOURCES.—The term ‘marine re- sources’ 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 Sec- retary of State and in consultation with the Secretary of the Interior, shall immediately initiate, negotiations with each foreign government that conducts, or author- izes its nationals to conduct, driftnet fishing that re- sults 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 as- sessment 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 statistically re- liable information; and ‘‘(2) appropriate methods for 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 [Dec. 29, 1987] a full report on the results of ne- gotiations 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 [Dec. 29, 1987], and at such other times thereafter as the Secretary considers appropriate, a re- port 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 popu- lations; 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 pro- vide the information described in subsection (a), and ‘‘(2) include in a report under this section the infor- mation 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 con- sultation 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 exclu- sive economic zone and territorial sea of any nation, for the purpose of entering into agreements for effec- tive 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 meas- ures for— ‘‘(1) the effective monitoring and detection of viola- tions; ‘‘(2) the collection and presentation of such evi- dence of violations as may be necessary for the suc- Page 2017 TITLE 16—CONSERVATION § 1823 cessful prosecution of such violations by the respon- sible authorities; ‘‘(3) reporting to the United States of penalties im- posed 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 consulta- tion with the Secretary of State, determines that a for- eign government has failed, within 18 months after the date of the enactment of this Act [Dec. 29, 1987], to enter into and implement an agreement under sub- section (a) or section 4004(a) that is adequate, the Sec- retary 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 Protec- tive Act of 1967 (22 U.S.C. 1978(a)). ‘‘SEC. 4007. EVALUATIONS AND RECOMMENDA- TIONS. ‘‘(a) MARKING, REGISTRY, AND IDENTIFICATION SYS- TEM.—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 Sec- retary, in consultation with such other persons as may be appropriate, shall evaluate the feasibility of, and de- velop appropriate recommendations for, the use of al- ternative materials in driftnets for the purpose of in- creasing 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 appro- priate, shall evaluate the feasibility of and develop ap- propriate 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 es- tablishment of a cooperative driftnet fishing vessel tracking system to facilitate efforts to monitor the lo- cation 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 [Dec. 29, 1987] a report setting forth— ‘‘(1) the evaluations and recommendations devel- oped 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 [this note] 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 [16 U.S.C. 1453 note], and reflected in existing law on the date of the enactment of this Act [Dec. 29, 1987]. ‘‘SEC. 4009. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated to the De- partment of Commerce and the Department of State, such sums as may be necessary to carry out the pur- poses of this title.’’ [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] § 1823. Congressional oversight of international fishery agreements (a) In general No governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement 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) 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 agree- ment, bycatch reduction agreement, or Pacific Insular Area fishery agreement. 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. (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, and in the Senate to the Committees on Commerce, Science, and Trans- portation and on Foreign Relations. (c) Congressional procedures (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 Sen- ate, respectively, and they are deemed a part of the rules of each House, respectively, but applicable only with respect to the proce- dure 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 constitu- tional 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) ‘‘Fishery agreement resolution’’ defined 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 gov- erning international fishery agreement, by- catch reduction agreement, or Pacific Insu- lar Area fishery agreement the text of which is transmitted to the Congress pursuant to subsection (a); and