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







108th CONGRESS
  1st Session
H. CON. RES. 268

   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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2003

  Mr. Saxton (for himself and Mr. Gilchrest) submitted the following 
concurrent resolution; which was referred to the Committee on Resources

_______________________________________________________________________

                         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.

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--
                    (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) if any vessel of a Commission member or nonmember 
        fishes in the Convention area without conforming with the 
        conservation, management, and enforcement recommendations 
        adopted by the Commission in such a manner or in such 
        circumstances as would tend to diminish the effectiveness of 
        Commission fishery conservation recommendations, then such 
        member or nonmember should be considered to be--
                    (A) subject to the regulations under sections 
                6(c)(4) and (5) of the Atlantic Tunas Convention Act of 
                1975 (16 U.S.C. 971d(c)(4) and (5)); and
                    (B) subject to the provisions of the Commission's 
                rules that ensure conformance with Commission 
                recommendations by member and nonmembers; and
            (3) if any vessel fishes in such a manner or in such 
        circumstances as would tend to diminish the effectiveness of 
        international fishery conservation programs, then such action 
        should be considered to be a fact that is certifiable under 
        section 8(a)(1) of the Fishermen's Protective Act of 1967 (22 
        U.S.C. 1978 (a)(1)).
                                 <all>