[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 541 Reported in House (RH)]





                                                  Union Calendar No. 76

104th CONGRESS

  1st Session

                               H. R. 541

                  [Report No. 104-109, Parts I and II]

_______________________________________________________________________

                                 A BILL

To reauthorize the Atlantic Tunas Convention Act of 1975, and for other 
                               purposes.

_______________________________________________________________________

                             June 27, 1995

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed





                                                  Union Calendar No. 76
104th CONGRESS
  1st Session
                                H. R. 541

                  [Report No. 104-109, Parts I and II]

To reauthorize the Atlantic Tunas Convention Act of 1975, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 17, 1995

  Mr. Saxton introduced the following bill; which was referred to the 
                         Committee on Resources

                              May 1, 1995

 Reported with an amendment, and referred to the Committee on Ways and 
      Means for a period ending not later than June 30, 1995, for 
  consideration of such provisions of the bill and amendment as fall 
within the jurisdiction of that committee pursuant to clause 1(s), rule 
                                   X
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             June 27, 1995

    Reported from the Committee on Ways and Means with amendments, 
   committed to the Committee of the Whole House on the State of the 
                    Union, and ordered to be printed
[Omit the part struck through in italic and insert the part printed in 
                            boldface roman]
  [For text of introduced bill, see copy as introduced on January 17, 
                                 1995]

_______________________________________________________________________

                                 A BILL


 
To reauthorize 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 Act of 
1995''.

SEC. 2. RESEARCH AND MONITORING ACTIVITIES.

    (a) Report to Congress.--The Secretary of Commerce shall, within 90 
days after the date of enactment of this Act, submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Resources of the House of Representatives--
            (1) identifying current governmental and non-governmental 
        research and monitoring 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 and Monitoring 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 inserting ``(a) Biennial Report on Bluefin Tuna.--'' 
        before ``The Secretary of Commerce shall''; and
            (3) by adding at the end the following:
    ``(b) Highly Migratory Species Research and Monitoring.--
            ``(1) Within 6 months after the date of enactment of the 
        Atlantic Tunas Convention Act of 1995, 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 (referred to in this section 
        as the `Commission') and the Secretary of State, shall develop 
        and implement a comprehensive research and monitoring 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 participation by 
                nations which are members of the Commission.
            ``(2) The program shall provide for, but not be limited 
        to--
                    ``(A) statistically designed cooperative tagging 
                studies;
                    ``(B) genetic and biochemical stock analyses;
                    ``(C) population censuses carried out through 
                aerial surveys of fishing grounds and known migration 
                routes;
                    ``(D) adequate observer coverage and port sampling 
                of commercial and recreational fishing activity;
                    ``(E) collection of comparable real-time data on 
                commercial and recreational catches and landings 
                through the use of permits, logbooks, landing reports 
                for charter operations and fishing tournaments, and 
                programs to provide reliable reporting of the catch by 
                private anglers;
                    ``(F) studies of the life history parameters of 
                Atlantic bluefin tuna and other highly migratory 
                species;
                    ``(G) integration of data from all sources and the 
                preparation of data bases to support management 
                decisions; and
                    ``(H) other research as necessary.
            ``(3) The Secretary of Commerce shall ensure that personnel 
        and resources of each regional research center shall have 
        substantial participation in the stock assessments, research, 
        and monitoring of highly migratory species that occur in that 
        region.
            ``(4) In developing a program under this section, the 
        Secretary shall provide for comparable monitoring of all United 
        States fishermen to which this Act applies with respect to 
        effort and species composition of catch and discards. The 
        Secretary through the Secretary of State shall encourage other 
        member nations to adopt a similar program.''.

SEC. 3. ADVISORY COMMITTEE PROCEDURES.

    Section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971b) is amended--
            (1) by inserting ``(a)'' before ``There''; and
            (2) by adding at the end the following:
    ``(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.
    ``(2) The advisory committee shall elect a Chairman for a 2-year 
term 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 in a 
timely manner 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.
    ``(6) The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the advisory committee.''.

SEC. 4. REGULATIONS AND ENFORCEMENT OF CONVENTION.

    Section 6(c) of the Atlantic Tunas Convention Act of 1975 (16 
U.S.C. 971d(c)) is amended--
            (1) in paragraph (3) in the matter following subparagraph 
        (K), by inserting ``or fishery mortality level'' after ``quota 
        of fish''; and
        <DELETED>    (2) by striking paragraphs (4) and (5) and 
        inserting the following:</DELETED>
        <DELETED>    ``(4) Publication of list.--Not later than January 
        1, 1996, and annually thereafter, the Secretary, in 
        consultation with the Secretary of State, shall publish a list 
        of nations whose fishing vessels are fishing, or have fished 
        during the previous year, within the Convention area in a 
        manner that is inconsistent with the objectives of a 
        conservation or management recommendation of the 
        Commission.</DELETED>
        <DELETED>    ``(5) Identification and notification.--As soon as 
        practicable after the date of the enactment of the Atlantic 
        Tunas Convention Act of 1995 and as appropriate thereafter, the 
        Secretary shall--</DELETED>
                <DELETED>    ``(A) identify those nations whose fishing 
                vessels are fishing within the Convention area in a 
                manner that is inconsistent with the objectives of a 
                conservation or management recommendation of the 
                Commission; and</DELETED>
                <DELETED>    ``(B) notify the President and the nation 
                so identified, including an explanation of the reasons 
                therefor.</DELETED>
        <DELETED>    ``(6) Consultations.--Not later than 30 days after 
        a nation is notified under paragraph (5), the President shall 
        enter into consultations with the government of that nation for 
        the purpose of obtaining an agreement that will--</DELETED>
                <DELETED>    ``(A) effect the immediate termination and 
                prevent the resumption of any fishing by fishing 
                vessels of that nation within the Convention area that 
                is inconsistent with the objectives of a conservation 
                or management recommendation of the Commission; 
                and</DELETED>
                <DELETED>    ``(B) when practicable, require the 
                government or fishing vessels of that nation to 
                mitigate the negative impacts of that fishing on the 
                effectiveness of a conservation or management 
                recommendation of the Commission including, but not 
                limited to, by imposing deductions for quota overages 
                in subsequent years.</DELETED>
        <DELETED>    ``(7) Prohibition of imports of fish and fish 
        products.--</DELETED>
                <DELETED>    ``(A) If, within 90 days after entering 
                into consultations under paragraph (6), the President 
                finds that such consultations have not concluded 
                satisfactorily or are not likely to conclude 
                satisfactorily, the President shall--</DELETED>
                        <DELETED>    ``(i) direct the Secretary of the 
                        Treasury to prohibit the importation into the 
                        United States from the nation concerned of fish 
                        and fish products of those species which are 
                        subject to regulation pursuant to a 
                        recommendation of the Commission and which were 
                        harvested within the Convention area; 
                        and</DELETED>
                        <DELETED>    ``(ii) upon the recommendation of 
                        the Secretary, direct the Secretary of the 
                        Treasury to prohibit the importation from the 
                        nation concerned of such other fish and fish 
                        products as may be necessary to carry out the 
                        purposes of this subsection.</DELETED>
                <DELETED>    ``(B) In making a recommendation under 
                subparagraph (A)(ii), the Secretary shall take into 
                consideration the severity of the impacts of fishing by 
                fishing vessels of the nation concerned on the 
                effectiveness of a conservation or management 
                recommendation of the Commission.''.</DELETED>
            (2) by inserting the following after paragraph (5):
    ``(6) Identification and Notification.--Not later than January 1, 
1996, and annually thereafter, the Secretary shall--
            ``(A) identify those nations whose fishing vessels are 
        fishing, or have fished during the preceding calendar year, 
        within the Convention area in a manner that is inconsistent 
        with the objectives of a conservation or management 
        recommendation of the Commission;
            ``(B) notify the President and the nation so identified, 
        including an explanation of the reasons therefor; and
            ``(C) publish a list of those nations identified under 
        subparagraph (A).
In identifying such nations, the Secretary shall consider, based on the 
best available information, whether such nations have measures in place 
for reporting, monitoring, and enforcement that are adequate and 
effective to meet the obligations of the Convention.
    ``(7) Consultation.--Not later than 30 days after a nation is 
notified under paragraph (6), the President may enter into 
consultations with the government of that nation for the purpose of 
obtaining an agreement that will--
            ``(A) effect the immediate termination and prevent the 
        resumption of any fishing by fishing vessels of that nation 
        within the Convention area that is inconsistent with the 
        objectives of a conservation or management recommendation of 
        the Commission; and
            ``(B) when practicable, require the government or fishing 
        vessels of that nation to mitigate the negative impacts of that 
        fishing on the effectiveness of a conservation or management 
        recommendation of the Commission including, but not limited to, 
        by imposing deductions for quota overages in subsequent 
        years.''.
SEC. 5. FINES AND PERMIT SANCTIONS.

    Section 7(e) of the Atlantic Tunas Convention Act of 1975 (16 
U.S.C. 971(e)) is amended to read as follows:
    ``(e) The civil penalty and permit sanctions of section 308 of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1858) are 
hereby made applicable to violations of this section as if they were 
violations of section 307 of that Act.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    Section 10 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971h) is amended to read as follows:

                   ``authorization of appropriations

    ``Sec. 10. There are authorized to be appropriated to carry out 
this Act, including use for payment of the 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 1996, $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 1997, $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 1998, $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. 7. REPORT AND CERTIFICATION.

    The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.) 
is amended by adding at the end thereof the following:

                            ``annual report

    ``Sec. 12. Not later than April 1, 1996, and annually thereafter, 
the Secretary, in consultation with the Secretary of State and the 
advisory committee established under section 4, shall prepare and 
transmit to the Committee on Resources of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate a report, that--
            ``(1) details for the previous 10-year period the catches 
        and exports to the United States of highly migratory species 
        (including tunas, swordfish, marlin, and sharks) from nations 
        fishing on Atlantic stocks of such species that are subject to 
        management by the Commission;
            ``(2) describes the results of efforts by the United States 
        to negotiate with other nations whose fishing vessels are 
        fishing or have fished in the previous year within the 
        Convention area to establish reporting, monitoring, and 
        enforcement measures that are <DELETED>comparable to those in 
        effect for the United States pursuant to</DELETED> adequate and 
        effective to meet the obligations of the Convention;
            ``(3) describes reporting requirements established by the 
        Secretary to ensure that imported fish products are in 
        compliance with all international management measures, 
        including minimum size requirements, established by the 
        Commission and other international fishery organizations to 
        which the United States is a party; and
            ``(4) describes actions taken by the Secretary under 
        <DELETED>sections 6 and 13 </DELETED>section 6.
                   <DELETED>``certification</DELETED>

<DELETED>    ``Sec. 13. (a) After January 1, 1997, if the Secretary 
determines that any nation with which negotiations were held pursuant 
to section 12(2) has not established or is not likely to establish 
reporting, monitoring, and enforcement measures that are comparable to 
those in effect for the United States pursuant to the Convention, the 
Secretary shall certify that fact to the President and notify the 
nation of the certification.</DELETED>
<DELETED>    ``(b) Within 60 days after the date of receiving a 
certification under subsection (a) regarding a nation, the President 
shall direct the Secretary of the Treasury to limit the importation 
from the nation of fish and fish products of those species which are 
subject to a regulation pursuant to a recommendation of the Commission, 
to levels that are consistent with the applicable harvest or fishing 
mortality levels recommended by the Commission.</DELETED>

              <DELETED>``removal of prohibitions</DELETED>

<DELETED>    ``Sec. 14. If the President finds that the reasons for the 
imposition of any prohibition under section 6 or any limitation on 
importation under section 13 no longer prevail, the President shall 
direct the Secretary of the Treasury to promptly terminate such 
prohibition or limitation.</DELETED>

                  <DELETED>``savings clauses</DELETED>

<DELETED>    ``Sec. 15. (a) Nothing in this Act shall have the effect 
of diminishing the rights and obligations of any nation under Article 
VIII(3) of the Convention.</DELETED>
<DELETED>    ``(b) Nothing in this Act shall have the effect of 
diminishing the rights and obligations of the United States as set 
forth in the General Agreement on Tariffs and Trade.''.</DELETED>
                           ``savings clauses

    ``Sec. 13. (a) Nothing in this Act shall have the effect of 
diminishing the rights and obligations of any nation under Article 
VIII(3) of the Convention.
    ``(b) Nothing in this Act shall have the effect of diminishing the 
rights of the United States, or of requiring the United States to take 
any action that is inconsistent with United States obligations, under 
the Convention or under the Agreement Establishing the World Trade 
Organization entered into on April 15, 1994, and the agreements annexed 
to that Agreement that are set forth in section 101(d) of the Uruguay 
Round Agreements Act.''.
SEC. 8. SENSE OF THE CONGRESS WITH RESPECT TO ICCAT NEGOTIATIONS.

    (a) Sharing of Conservation Burden.--It is the sense of the 
Congress that in future ICCAT negotiations, the Secretary of Commerce 
shall ensure that the conservation actions recommended by international 
commissions and implemented by the Secretary for United States 
commercial and recreational fishermen provide fair and equitable 
sharing of the conservation burden among all contracting harvesters in 
negotiations with those commissions.
    (b) Enforcement Provisions.--It is further the sense of the 
Congress that, during 1995 ICCAT negotiations on swordfish and other 
Highly Migratory Species managed by ICCAT, the Congress encourages the 
United States Commissioners to add enforcement provisions similar to 
the bluefin tuna sanctions.
    (c) Enhanced Monitoring.--It is further the sense of the Congress 
that the National Oceanic and Atmospheric Administration and United 
States Customs Service should enhance monitoring activities to 
ascertain what specific stocks are being imported into the United 
States and the country of origin.