[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3460 Engrossed in House (EH)]


  2d Session

                               H. R. 3460

_______________________________________________________________________

                                 AN ACT

  To approve a governing international fishery agreement between the 
   United States and the Republic of Latvia, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                H. R. 3460

_______________________________________________________________________

                                 AN ACT


 
  To approve a governing international fishery agreement between the 
   United States and the Republic of Latvia, 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. GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH LATVIA.

    Notwithstanding section 203 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1823), the governing 
international fishery agreement between the Government of the United 
States of America and the Government of the Republic of Latvia, as 
contained in the message to Congress from the President of the United 
States dated February 3, 1998, is approved as a governing international 
fishery agreement for the purposes of such Act and shall enter into 
force and effect with respect to the United States on the date of 
enactment of this Act.

SEC. 2. REAUTHORIZATION OF THE NORTHWEST ATLANTIC FISHERIES CONVENTION 
              ACT OF 1995.

    (a) Reauthorization.--Section 211 of the Northwest Atlantic 
Fisheries Convention Act of 1995 (16 U.S.C. 5610) is amended by 
striking ``for each of'' and all that follows through the end of the 
sentence and inserting ``for each fiscal year through fiscal year 
2001.''.
    (b) Miscellaneous Technical Amendments.--The Northwest Atlantic 
Fisheries Convention Act of 1995 is further amended--
            (1) in section 207(e) (16 U.S.C. 5606(e)), by striking 
        ``sections'' and inserting ``section'';
            (2) in section 209(c) (16 U.S.C. 5608(c)), by striking 
        ``chapter 17'' and inserting ``chapter 171''; and
            (3) in section 210(6) (16 U.S.C. 5609(6)), by striking 
        ``the Magnuson Fishery'' and inserting ``the Magnuson-Stevens 
        Fishery''.
    (c) Report Requirement.--The Northwest Atlantic Fisheries 
Convention Act of 1995 (16 U.S.C. 201 et seq.) is further amended by 
adding at the end the following:

``SEC. 212. ANNUAL REPORT.

    ``The Secretary shall annually report to the Congress on the 
activities of the Fisheries Commission, the General Council, the 
Scientific Council, and the consultative committee established under 
section 208.''.
    (d) North Atlantic Fisheries Organization Quota Allocation 
Practice.--The Northwest Atlantic Fisheries Convention Act of 1995 (16 
U.S.C. 201 et seq.) is further amended by adding at the end the 
following:

``SEC. 213. QUOTA ALLOCATION PRACTICE.

    ``(a) In General.--The Secretary of Commerce, acting through the 
Secretary of State, shall promptly seek to establish a new practice for 
allocating quotas under the Convention that--
            ``(1) is predictable and transparent;
            ``(2) provides fishing opportunities for all members of the 
        Organization; and
            ``(3) is consistent with the Straddling Fish Stocks 
        Agreement.
    ``(b) Report.--The Secretary of Commerce shall include in annual 
reports under section 212--
            ``(1) a description of the results of negotiations held 
        pursuant to subsection (a);
            ``(2) an identification of barriers to achieving such a new 
        allocation practice; and
            ``(3) recommendations for any further legislation that is 
        necessary to achieve such a new practice.
    ``(c) Definition.--In this section the term `Straddling Fish Stocks 
Agreement' means the United Nations Agreement for the Implementation of 
the Provisions of the United Nations Convention on the Law of the Sea 
of 10 December 1982 Relating to the Conservation and Management of 
Straddling Fish Stocks and Highly Migratory Fish Stocks.''.

SEC. 3. REAUTHORIZATION OF THE ATLANTIC TUNAS CONVENTION ACT OF 1975.

    (a) Reauthorization.--Section 10(4) of the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971h(4)) is amended by striking ``For 
fiscal year 1998,'' and inserting ``For each of fiscal years 1998, 
1999, 2000, and 2001,''.
    (b) Miscellaneous Technical Amendments.--(1) The Atlantic Tunas 
Convention Act of 1975 is further amended--
            (A) in section 2 (16 U.S.C. 971), by redesignating the 
        second paragraph (4) as paragraph (5);
            (B) in section 5(b) (16 U.S.C. 971c(b)), by striking 
        ``fisheries zone'' and inserting ``exclusive economic zone'';
            (C) in section 6(c)(6) (16 U.S.C. 971d(c)(6))--
                    (i) by designating the last sentence as 
                subparagraph (B), and by indenting the first line 
                thereof; and
                    (ii) in subparagraph (A)(iii), by striking 
                ``subparagraph (A)'' and inserting ``clause (i)'';
            (D) by redesignating the first section 11 (16 U.S.C. 971 
        note) as section 13, and moving that section so as to appear 
        after section 12 of that Act;
            (E) by amending the style of the heading and designation 
        for each of sections 11 and 12 so as to conform to the style of 
        the headings and designations of the other sections of that 
        Act; and
            (F) by striking ``Magnuson Fishery'' each place it appears 
        and inserting ``Magnuson-Stevens Fishery''.
    (2) Section 3(b)(3)(B) of the Act of September 4, 1980 (Public Law 
96-339; 16 U.S.C. 971i(b)(3)(B)), is amended by inserting ``of 1975'' 
after ``Act''.

SEC. 4. AUTHORITY OF STATES OF WASHINGTON, OREGON, AND CALIFORNIA TO 
              MANAGE DUNGENESS CRAB FISHERY.

    (a) In General.--Subject to the provisions of this section and 
notwithstanding section 306(a) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1856(a)), each of the States 
of Washington, Oregon, and California may adopt and enforce State laws 
and regulations governing fishing and processing in the exclusive 
economic zone adjacent to that State in any Dungeness crab (Cancer 
magister) fishery for which there is no fishery management plan in 
effect under that Act.
    (b) Requirements for State Management.--Any law or regulation 
adopted by a State under this section for a Dungeness crab fishery--
            (1) except as provided in paragraph (2), shall apply 
        equally to vessels engaged in the fishery in the exclusive 
        economic zone and vessels engaged in the fishery in the waters 
        of the State, and without regard to the State that issued the 
        permit under which a vessel is operating;
            (2) shall not apply to any fishing by a vessel in exercise 
        of tribal treaty rights; and
            (3) shall include any provisions necessary to implement 
        tribal treaty rights pursuant to the decision in United States 
        v. Washington, D.C. No. CV-70-09213.
    (c) Limitation on Enforcement of State Limited Access Systems.--Any 
law of the State of Washington, Oregon, or California that establishes 
or implements a limited access system for a Dungeness crab fishery may 
not be enforced against a vessel that is otherwise legally fishing in 
the exclusive economic zone adjacent to that State and that is not 
registered under the laws of that State, except a law regulating 
landings.
    (d) State Permit or Treaty Right Required.--No vessel may harvest 
or process Dungeness crab in the exclusive economic zone adjacent to 
the State of Washington, Oregon, or California, except as authorized by 
a permit issued by any of those States or pursuant to any tribal treaty 
rights to Dungeness crab pursuant to the decision in United States v. 
Washington, D.C. No. CV-70-09213.
    (e) State Authority Otherwise Preserved.--Except as expressly 
provided in this section, nothing in this section reduces the authority 
of any State under the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) to regulate fishing, fish 
processing, or landing of fish.
    (f) Termination of Authority.--The authority of the States of 
Washington, Oregon, and California under this section with respect to a 
Dungeness crab fishery shall expire on the effective date of a fishery 
management plan for the fishery under the Magnuson-Stevens Fishery 
Conservation and Management Act.
    (g) Repeal.--Section 112(d) of Public Law 104-297 (16 U.S.C. 1856 
note) is repealed.
    (h) Definitions.--The definitions set forth in section 3 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1802) shall apply to this section.

            Passed the House of Representatives August 3, 1998.

            Attest:

                                                                 Clerk.