[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1611 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1611

To authorize appropriations to carry out the Atlantic Tunas Convention 
                  Act of 1975, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 2, 1993

   Mr. Kerry introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To authorize appropriations to carry out the Atlantic Tunas Convention 
                  Act of 1975, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Atlantic Tunas Convention 
Authorization Act of 1993''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    Section 10 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971h) is amended to read as follows:
    ``Sec. 10. There are authorized to be appropriated to carry out 
this Act, including use for payment of 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 1994, $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 1995, $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 1996, $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.''.

SEC. 3. ADVISORY COMMITTEE PROCEDURES.

    Section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971b) is amended--
            (1) by designating the existing text as subsection (a); and
            (2) by adding at the end the following new subsection:
    ``(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. All decisions of the 
advisory committee shall be by a three-fifths majority vote of the 
members present and voting.
    ``(2) The advisory committee shall elect a Chairman 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 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.''.

SEC. 4. RESEARCH ACTIVITIES.

    (a) Report to Congress.--The Secretary of Commerce shall, within 90 
days after the date of enactment of this Act, report to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives--
            (1) identifying current governmental and nongovernmental 
        research activities on Atlantic bluefin tuna and other highly 
        migratory species;
            (2) describing the personnel and budgetary resources 
        allocated to such activities; and
            (3) explaining how each activity contributes to the 
        conservation and management of Atlantic bluefin tuna and other 
        highly migratory species.
    (b) Research Program.--Section 3 of the Act of September 4, 1980 
(16 U.S.C. 971i) is amended--
            (1) by amending the section heading to read as follows:

``SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.'';

            (2) by striking the last sentence;
            (3) by inserting ``(a) Biennial Report on Bluefin Tuna.--'' 
        immediately before ``The Secretary of Commerce shall''; and
            (4) by adding at the end the following new subsection:
    ``(b) Highly Migratory Species Research.--(1) Within 6 months after 
the date of enactment of this subsection, 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 and the Secretary of 
State, shall develop and implement a comprehensive research 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 program participation by 
        nations participating in the Commission.
    ``(2) The program shall provide for, but not be limited to--
            ``(A) statistically designed tagging studies;
            ``(B) genetic and biochemical stock analyses;
            ``(C) population censuses carried out through aerial 
        surveys of fishing grounds;
            ``(D) adequate observer coverage of commercial and 
        recreational fishing activity;
            ``(E) collection of real-time data on commercial and 
        recreational catches and landings, including charter 
        operations, fishing tournaments, and private anglers;
            ``(F) studies of the life history parameters of Atlantic 
        bluefin tuna and other highly migratory species; and
            ``(G) integration of data from all sources and the 
        preparation of data bases to support management decisions.''.

SEC. 5. ACTIONS TO IMPROVE CONSERVATION.

    (a) Findings.--The Congress makes the following findings:
            (1) Atlantic bluefin tuna and other highly migratory 
        species are valuable commercial and recreational fisheries of 
        the United States.
            (2) The vessels of many countries, including the United 
        States, fish for Atlantic bluefin tuna and other highly 
        migratory species in the Atlantic Ocean and the Mediterranean 
        Sea.
            (3) The International Commission for the Conservation of 
        Atlantic Tunas (hereinafter referred to as the ``Commission'') 
        is the international entity established to adopt 
        recommendations and develop international agreements for the 
        conservation and management of Atlantic bluefin tuna and other 
        highly migratory species in the Atlantic Ocean and the 
        Mediterranean Sea.
            (4) In the last 25 years Atlantic bluefin tuna stocks and 
        other stocks of highly migratory species have declined from 
        historic levels.
            (5) Countries that are not members of the Commission are 
        having a detrimental impact on the recovery of Atlantic bluefin 
        tuna stocks and other stocks of highly migratory species by 
        fishing throughout the Atlantic Ocean and the Mediterranean Sea 
        without regard for conservation and management recommendations 
        and agreements adopted by the Commission.
            (6) For management purposes, the Commission has adopted a 
        working hypothesis of two stocks of Atlantic bluefin tuna: a 
        western stock found in the Atlantic Ocean west of 45 degrees 
        west longitude (hereinafter referred to as the ``45 degree 
        line''), and an eastern stock found in the Atlantic Ocean east 
        of the 45 degree line and in the Mediterranean Sea.
            (7) The existing scientific evidence is inconclusive with 
        respect to the working hypothesis of two stocks, and the extent 
        to which each of the hypothesized stocks migrates across the 45 
        degree line is unknown.
            (8) The Commission adopted conservation and management 
        recommendations and agreements in 1974 to ensure the recovery 
        and sustainability of all Atlantic bluefin tuna throughout the 
        Atlantic Ocean and the Mediterranean Sea.
            (9) In recent years, the Commission has adopted additional, 
        more restrictive conservation and management recommendations 
        and agreements for Atlantic bluefin tuna, for countries that 
        fish for Atlantic bluefin tuna west of the 45 degree line.
            (10) The United States and other countries that are members 
        of the Commission and that fish west of the 45 degree line have 
        implemented all conservation and management recommendations and 
        agreements for Atlantic bluefin tuna adopted by the Commission 
        that apply west of the 45 degree line. The implementing 
        regulations have been vigorously enforced by the Secretary of 
        Commerce and the Coast Guard.
            (11) Many other countries that are members of the 
        Commission do not comply with conservation and management 
        recommendations and agreements for Atlantic bluefin tuna 
        adopted by the Commission that apply east of the 45 degree line 
        and in the Mediterranean Sea. This noncompliance undermines the 
        recovery of Atlantic bluefin tuna stocks.
            (12) Recent large increases in the catch of Atlantic 
        bluefin tuna within 100 miles east of the 45 degree line by 
        countries that are members of the Commission may be having a 
        detrimenal impact on the recovery of Atlantic bluefin tuna and 
        probably do not comply with recommendations and agreements of 
        the Commission.
    (b) Objectives.--It is the sense of the Congress that--
            (1) the United States and the Commission should continue to 
        promote the conservation and management of Atlantic bluefin 
        tuna and other highly migratory species throughout the Atlantic 
        Ocean and the Mediterranean Sea;
            (2) the United States should obtain commitments through the 
        Commission, from all countries that are signatories to the 
        International Convention for the Conservation of Atlantic Tunas 
        and that are not in compliance with all of the conservation and 
        management recommendations and agreements for Atlantic bluefin 
        tuna and all other highly migratory species that have been 
        adopted by the Commission, that those countries will 
        immediately comply with those recommendations and agreements;
            (3) the United States should continue to encourage all 
        other countries whose vessels fish for Atlantic bluefin tuna 
        and other highly migratory species in the Atlantic Ocean or the 
        Mediterranean Sea to comply with the conservation and 
        management recommendations and agreements adopted for those 
        species by the Commission;
            (4) if vessels of a country fish in the Atlantic Ocean or 
        the Mediterranean Sea for Atlantic bluefin tuna or another 
        highly migratory species without complying with conservation 
        and management recommendations and agreements of the 
        Commission, such fishing will be considered by the Congress to 
        diminish the effectiveness of an international fishery 
        conservation program, and as such will be considered by the 
        Congress to be certifiable under section 8(a)(1) of the 
        Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)(1));
            (5) the United States should encourage countries that have 
        significant markets for Atlantic bluefin tuna and other highly 
        migratory species to prohibit the importation of those species 
        from countries whose vessels fish for such species without 
        regard for the conservation and management recommendations and 
        agreements adopted by the Commission;
            (6) the United States should continue to explore, through 
        the Commission, the appropriateness of working hypotheses of 
        the Commission that Atlantic stocks of highly migratory species 
        can be delineated by lines of latitude or longitude and, 
        specifically, that there are two stocks of Atlantic bluefin 
        tuna delineated by the 45 degree line; and
            (7) the United States should seek through the Commission an 
        agreement to ensure that if the Commission uses any line to 
        divide stocks of Atlantic bluefin tuna for management purposes 
        and adopts for that stock conservation and management 
        recommendations and agreements for one side of the line that 
        are more restrictive than the conservation and management 
        recommendations and agreements adopted by the Commission for 
        the other side of the line, then any fishing for Atlantic 
        bluefin tuna within 10 degrees of the line shall be conducted 
        in compliance with those more restrictive recommendations and 
        agreements.

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