(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 Ievaluate 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. or not each is essential to the continued existence of an endangered species or a threatened species. ENDANGERED PLANTS Sec. 12.46 The Secretary of the Smithsonian Institution, in conjunction with other affected agencies, is authorized and directed to review (1) species of plants which are now or may become endangered or the threatened and (2) methods of adequately conserving such species, and to report to Congress, within one year after the date of the enactment of this Act, the results of such review including recommendations for new legislation or the amendment of existing legislation. 46 16 U.S.C. 1541. 19. Marine Mammal Proieciet of 1972, as amended Stat. 1027, approved OctoEndangered Species Act er 23, 1973; Public Law 95181977: Public Law 95-316 dublic Law 97-58 [H.R. Partial text of Public Law 92-522 HP ber 21, 1972, as amended by Public of 1973; S. 1983), 87 Stat. 884, approved 136 [S. 1522], 91 Stat. 1167, approved [H.R. 10730], 92 Stat. 380, approved 40841], 95 Stat. 979, approved be eries Amendments Act of 1982; H December 29, 1982; Public Law e July 17, 1984; Public Law 96-65-j ber 14, 1986; Public Law 100-71 ments of 1988; H.R. 4189], 10 b Public Law 101-627 [Fishery Convension Protection Consumer Informat November 28, 1990; Public Law Marine Sanctuary; H.R. 3866, lic Law 102-523 [Internationa 5419], 106 Stat. 3425, approve [High Seas Driftnet Fisheries Li approved November 2, 1992; Fut 5617], 106 Stat. 5039, approved 238 [Marine Mammal Protectio Stat. 532, approved April 30, 196 AN ACT To protect marine mamma and fo Be it enacted by the Senate United States of America in with the following table of co Mammal Protection Act of 197 hile Law 97-389 [Fish- Art of 392 2 FINDINGS AND DE Sec. 2.2 The Congress finds. 1 Sec. 602 of the Foreign Relations Author tained the following sense of the Congress exp of marine mammals: "Sec. 602. It is the sense of the Congress having an interest in cetacean sea life the tinuing destruction of these marine mammal in the Sea of Japan by Japanese fishermen) and "(1) to join in international discussions eral understanding of cetacean life and the rine resources of the world which does not vironment; "(2) to participate in an exchange of infor ice of the United States Department of Con "(A) the impact of cetaceans on ecol "(B) alternative methods of dealing "(3) to cooperate in establishing an int standing of cetacean life and to insure the on a global scale; and "(4) to adopt comprehensive marine ma 216 U.S.C. 1361. ne at ed od the ich (in nia, rine 's of 58 (95 y sec. pacity (14) as the enforcement of the Convention, this title, or any regulations promulgated under this title; (5) to assault, resist, oppose, impede, intimidate, or interfere with any authorized officer or employee of the United States in the conduct of any search or inspection described in paragraph (4); (6) to resist a lawful arrest or detention for any act prohibited by this section; or (7) to interfere with, delay, or prevent by any means, the apprehension, arrest, or detention of another person, knowing that such other person has committed any act prohibited by this section. SEC. 307.8 REGULATIONS. The Secretary of Commerce, after consultation with the Secretary of State, the Secretary of the department in which the Coast Guard is operating, and the heads of other appropriate departments or agencies of the United States, shall promulgate such regulations as are necessary and appropriate to implement the provisions of this title. SEC. 308. CIVIL PENALTIES. (a) ASSESSMENT OF PENALTIES. (1) Any person who is found by the Secretary of Commerce, after notice and opportunity for a hearing in accordance with subsection (b), to have committed any act prohibited by section 306 shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $5,000 for each violation unless the prohibited act was knowingly committed, in which case the amount of the civil penalty shall not exceed $10,000 for each violation. Each day of a continuing violation shall constitute a separate violation for purposes of this subsection. The amount of any civil penalty shall be assessed by the Secretary of Commerce 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 person committing the violation, the degree of culpability, and history of prior offenses, ability to pay, and such other matters as justice may require, to the extent that such information is reasonably available to the Secretary. (2) The Secretary of Commerce 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, until such time as the matter is referred to the Attorney General under subsection (c) of this section. (b) HEARINGS.-Hearings for the assessment of civilian penalties under subsection (a) shall be conducted in accordance with section 554 of title 5, United States Code. For the purposes of conducting any such hearing, 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 mile 816 U.S.C. 2436. 16 U.S.C. 2437. |