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) 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 of the House of Representatives a report (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) 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; (5) 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 (6) 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)(6), 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)). (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 (a) The Act of October 14, 1966 (16 U.S.C. 1091-1094), is repealed as of March 1, 1977. (b) The Act of May 20, 1964 (16 U.S.C. 1081-1086), is repealed as of March 1, 1977. SEC. 403.76 FISHERMEN'S PROTECTIVE ACT AMENDMENTS. SEC. 404.77 MARINE MAMMAL PROTECTION ACT AMENDMENT. * SEC. 405.78 ATLANTIC TUNAS CONVENTION ACT AMENDMENT. * SEC. 406.79 AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary, for purposes of carrying out the provisions of this Act, not to exceed the following sums: (1) $5,000,000 for the fiscal year ending June 30, 1976. (2) $5,000,000 for transitional fiscal quarter ending September 30, 1976. (3) $25,000,000 for the fiscal year ending September 30, 1977. (4) $30,000,000 for the fiscal year ending September 30, 1978. (5) 80 $30,000,000 for the fiscal year ending September 30, 1979. (6) 81 $33,000,000 for the fiscal year ending September 30, 1980. (7) $40,000,000 for the fiscal year ending September 30, 1981. (8) $47,000,000 for the fiscal year ending September 30, 1982. (9) 82 $59,000,000 for the fiscal year ending September 30, 1983. (10) 82 $64,000,000 for the fiscal year ending September 30, 1984. (11) 82 $69,000,000 for the fiscal year ending September 30, 1985. (12) 83 $69,000,000 for fiscal year 1986. (14) 83 $72,900,000 for fiscal year 1988. (15) 83 $75,000,000 for fiscal year 1989. (16) 84 $77,200,000 for the fiscal year ending September 30, 1990. 75 Sec. 401 was repealed by sec. 110 of Public Law 99-659 (100 Stat. 3715). 76 Sec. 403 amended sec. 2 and 3(a) of the Fishermen's Protective Act of 1967, subsec. (a)(1) effective March 1, 1977; subsec. (a)(2) effective relating to seizure of U.S. vessels on or after December 31, 1974. For text, see beginning at page 230. 77 Sec. 404 amended sec. 3(15)(B) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(15)(B)), effective March 1, 1977. 78 Sec. 405 amended sec. 2(4) of the Atlantic Tunas Convention Act, effective March 1, 1977. For text, see page 142. 79 16 U.S.C. 1882. 80 Par. (5) was added by sec. 1 of Public Law 95-354 (92 Stat. 519). 81 The authorization figures for fiscal years 1980, 1981, and 1982 were added by sec. 1 of Public Law 96-61 (93 Stat. 407). 82 The authorization figures for fiscal years 1983, 1984, and 1985 were added by sec. 14(a) of Public Law 97-453 (96 Stat. 2492). 83 Pars. (12) through (15) were added by sec. 111(a) of Public Law 99-659 (100 Stat. 3715). 84 Pars. (16) through (19) were added by sec. 119 of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4459). (17) 84 $94,000,000 for the fiscal year ending September 30, 1991, of which $6,500,000 shall be used for enforcement and $5,000,000 shall be used to increase research and assessment efforts. (18) 84 $98,000,000 for the fiscal year ending September 30, 1992. (19) 84 $102,000,000 for the fiscal year ending September 30, 1993. b. Fishery Conservation Amendments of 1990 Partial text of Public Law 101-627 [H.R. 2061], 104 Stat. 4436, approved November 28, 1990 AN ACT To authorize appropriations to carry out the Magnuson Fishery Conservation and Management Act 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 Fishery Conservation and Management Act, 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 156. SHORT TITLE; TABLE OF CONTENTS SECTION 1.1 (a) SHORT TITLE.-The Act may be cited as the "Fishery Conservation Amendments of 1990". (b) TABLE OF CONTENTS. TITLE VIII-MISCELLANEOUS CERTIFICATE OF LEGAL ORIGIN FOR ANADROMOUS FISH PRODUCTS SEC. 801.2 (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 16 U.S.C. 1801 note. 2 16 U.S.C. 1822 note. |