[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 268 Engrossed in House (EH)]


  1st Session

                            H. CON. RES. 268

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                         CONCURRENT RESOLUTION

   Expressing the sense of the Congress regarding the imposition of 
    sanctions on nations that are undermining the effectiveness of 
  conservation and management measures for Atlantic highly migratory 
species, including marlin, adopted by the International Commission for 
    the Conservation of Atlantic Tunas and that are threatening the 
   continued viability of United States commercial and recreational 
                               fisheries.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
H. CON. RES. 268

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Whereas some fishing vessels of members and nonmembers of the International 
        Commission for the Conservation of Atlantic Tunas (hereinafter referred 
        to as the ``Commission'') that fish in the Commission regulatory area 
        have not conformed with Commission recommendations for some stocks, 
        including those promoting the live release of Atlantic marlin;
Whereas repeated nonconformance with Commission recommendations by fishing 
        vessels of Commission members and nonmembers undermines the 
        effectiveness of the Commission to establish, maintain, and enforce 
        conservation measures, including rebuilding plans for overfished species 
        of fish that are under the Commission's management authority;
Whereas failure of Commission members to enforce Commission conservation and 
        management measures, including reductions in Atlantic marlin landings, 
        threatens the continued viability of United States commercial and 
        recreational fishing industries and undermines conservation goals;
Whereas the Commission has adopted a resolution that further defines the scope 
        of illegal, unregulated, and unreported fishing activities by large-
        scale longline vessels in the Commission regulatory area; and
Whereas such resolution includes provisions directing Commission members and 
        cooperating nonmembers to take every possible action, consistent with 
        relevant laws, to prevent the engagement in transaction and 
        transshipment of tunas and tuna-like species from vessels that engage in 
        illegal, unregulated, and unreported fishing activities, including 
        vessels that engage in any fishing that is not in compliance with 
        relevant Commission conservation and management measures: Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that--
            (1) the President should, consistent with statutory 
        authorities and international obligations--
                    (A) direct the United States Commissioners to the 
                International Commission for the Conservation of 
                Atlantic Tunas (in this resolution referred to as the 
                ``Commission'') to seek the establishment of effective 
                conservation, management, and enforcement measures for 
                the species under consideration at the 2003 Commission 
                meeting, including for Atlantic marlin;
                    (B) continue to encourage members and nonmembers 
                that fish in the Commission regulatory area to make 
                every effort to end illegal, unregulated, and 
                unreported fishing, including any fishing that is not 
                in conformance with relevant conservation 
                recommendations adopted by the Commission, including 
                those concerning Atlantic marlin landing reductions;
                    (C) make full use of all appropriate diplomatic 
                mechanisms, relevant international laws and agreements, 
                and other appropriate mechanisms to ensure conformance 
                with conservation recommendations for all species under 
                the Commission's management authority, including 
                Atlantic marlin; and
                    (D) continue to encourage the Commission to adopt 
                conservation recommendations authorizing the use of 
                enforceable measures to prevent those who fish in the 
                Commission regulatory area from taking actions that 
                would undermine the effectiveness of conservation and 
                management recommendations of the Commission;
            (2) when the vessels of a country are being used in the 
        conduct of fishing operations in the Convention area in a 
        manner or in such circumstances as would tend to diminish the 
        effectiveness of the conservation recommendations of the 
        Commission, the President and the Secretary of Commerce, 
        consistent with their statutory authorities and international 
        obligations, should--
                    (A) exercise their authorities under the Atlantic 
                Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.); 
                and
                    (B) exercise their authorities under the provisions 
                of the Commission's rules that ensure conformance with 
                Commission recommendations by member and nonmembers; 
                and
            (3) if nationals of a Commission member or nonmember, 
        directly or indirectly, are conducting fishing operations in a 
        manner or under circumstances which diminish the effectiveness 
        of the Commission's fishery conservation programs, then the 
        Secretary of Commerce, consistent with international 
        obligations, should certify that fact under section 8(a)(1) of 
        the Fishermen's Protective Act of 1967 (22 U.S.C. 1978 (a)(1)).

            Passed the House of Representatives October 28, 2003.

            Attest:

                                                                 Clerk.