16 U.S.C. § 1826d — Prohibition

Page 2033 TITLE 16—CONSERVATION § 1826f 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 en- tangling 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 Min- isters of the Community. (3) Large-scale driftnet fishing vessel The term ‘‘large-scale driftnet fishing ves- sel’’ 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, transpor- tation, or processing. (Pub. L. 102–582, title I, § 104, Nov. 2, 1992, 106 Stat. 4903.) Editorial Notes REFERENCES IN TEXT Sections 1826a to 1826c of this title, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 102–582, Nov. 2, 1992, 106 Stat. 4901, which en- acted sections 1826a to 1826c of this title and amended section 1371 of this title. For complete classification of title I to the Code, see Tables. CODIFICATION Section was enacted as part of the High Seas Driftnet Fisheries Enforcement Act, and not as part of the Mag- nuson-Stevens Fishery Conservation and Management Act which comprises this chapter. § 1826d. Prohibition The United States, or any agency or official acting on behalf of the United States, may not enter into any international agreement with re- spect 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. (Pub. L. 104–43, title VI, § 603, Nov. 3, 1995, 109 Stat. 392.) Editorial Notes CODIFICATION Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnu- son-Stevens Fishery Conservation and Management Act which comprises this chapter. Statutory Notes and Related Subsidiaries CONGRESSIONAL FINDINGS Pub. L. 104–43, title VI, § 602, Nov. 3, 1995, 109 Stat. 391, provided that: ‘‘The Congress finds that— ‘‘(1) Congress has enacted and the President has signed into law numerous Acts to control or prohibit large-scale driftnet fishing both within the jurisdic- tion 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) [16 U.S.C. 1822 note], the Driftnet Act Amendments of 1990 (Public Law 101–627) [16 U.S.C. 1826], and the High Seas Driftnet Fisheries Enforcement Act (title I, Public Law 102–582) [see Short Title of 1992 Amendment note set out under section 1801 of this title]; ‘‘(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 Con- vention; ‘‘(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, begin- ning 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 re- quest of the United States and other concerned na- tions; ‘‘(5) the best scientific information demonstrates the wastefulness and potentially destructive impacts of large-scale driftnet fishing on living marine re- sources 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.’’ § 1826e. Negotiations The Secretary of State, on behalf of the United States, shall seek to enhance the imple- mentation and effectiveness of the United Na- tions General Assembly resolutions and deci- sions regarding the moratorium on large-scale driftnet fishing on the high seas through appro- priate international agreements and organiza- tions. (Pub. L. 104–43, title VI, § 604, Nov. 3, 1995, 109 Stat. 392.) Editorial Notes CODIFICATION Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnu- son-Stevens Fishery Conservation and Management Act which comprises this chapter. § 1826f. Certification The Secretary of State shall determine in writing prior to the signing or provisional appli- cation 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 1826d of this title will not be violated if such agreement is signed or provisionally applied. (Pub. L. 104–43, title VI, § 605, Nov. 3, 1995, 109 Stat. 392.)