[Congressional Record Volume 144, Number 107 (Monday, August 3, 1998)]
[House]
[Pages H6915-H6918]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   APPROVING A GOVERNING INTERNATIONAL FISHERY AGREEMENT BETWEEN THE 
                UNITED STATES AND THE REPUBLIC OF LATVIA

  Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3460) to approve a governing international fishery agreement 
between the United States and the Republic of Latvia, and for other 
purposes, as amended.
  The Clerk read as follows:

                               H.R. 3460

       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

[[Page H6916]]

       ``(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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Saxton) and the gentleman from California (Mr. Farr) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Saxton).
  Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. SAXTON asked and was given permission to revise and extend his 
remarks.)
  Mr. SAXTON. Mr. Speaker, first let me say a word of thanks to the 
gentleman from New York (Mr. Gilman) and the gentleman from Indiana 
(Mr. Hamilton), who permitted us to take this bill out of order, and we 
will move through this quickly. It is noncontroversial, and we 
appreciate very much their consideration.
  First, let me say to my friend the gentleman from California (Mr. 
Farr), the ranking member of the subcommittee, a strong ``thank you'' 
for helping on a bipartisan basis to bring this bill to the floor. We 
find that most of the good progressive, supportive, forward-looking 
things that we do out of our subcommittee are done because of the great 
relationship between the majority and the minority both on the Member 
and staff level.
  Mr. Speaker, I rise in strong support of H.R. 3460 to approve a 
governing international fisheries agreement between the United States 
and the Republic of Latvia to reauthorize the Atlantic Tuna Convention 
Act of 1975, to extend the Northwest Atlantic Fisheries Conservation 
Act of 1995 and extend the current regulatory scheme for the Dungeness 
crab in the Pacific Ocean.
  Governing International Fishery Agreements, GIFAs, are currently 
authorized under Title II of the Magnuson-Stevens Fishery Conservation 
and Management Act. Foreign fishing vessels may not operate in the U.S. 
Exclusive Economic Zone unless they are registered in the country, has 
agreed and has signed a GIFA with the United States.
  The Northwestern Atlantic Fisheries Convention Act is the 
implementing legislation for the convention on the future multilateral 
cooperation in the Northwest Atlantic fisheries. The Northwest Atlantic 
Fisheries Organization, NAFO, was established in 1979 under the terms 
of the convention. While the U.S. has participated in fishery 
negotiations in the past, the U.S. did not agree to the convention 
until 1996. The implementing legislation delineates our involvement in 
the NAFO, which is responsible for managing and conserving fishery 
resources from North Carolina to Baffin Bay, Canada, and it establishes 
the procedures for the delegate selection and includes a reporting 
requirement.
  The Atlantic Tunas Convention Act is the implementing legislation for 
the International Convention for the Conservation of Atlantic Tuna and 
for other species. This bill also speaks strongly to that issue.
  The final title of the bill extends the current regulatory scheme of 
the Dungeness crab fisheries in the Pacific Ocean. The Pacific Ocean 
fisheries for Dungeness crab is found in the State waters off 
California, Oregon, Washington and in the EEZ adjacent to those States.
  In order to assure continued conservation of the Dungeness crab as 
well as accommodate tribal treaty rights, some regulatory authority is 
necessary in the EEZ. The Pacific Fisheries Management Council 
unanimously recommended that Congress make the in term State authority 
permanent. This bill would establish that purpose.
  Mr. Speaker, for all of the appropriate reasons I strongly support 
this important bill and urge an aye vote on it, and I ask that my 
entire statement be placed in the Record.
  The statement referred to is as follows:
  Mr. Speaker, I rise in strong support for H.R. 3460, to approve a 
Governing International Fishery Agreement between the United States and 
the Republic of Latvia, to reauthorize the Atlantic Tunas Convention 
Act of 1975, to extend the Northwest Atlantic Fisheries Convention Act 
of 1995 and extend the current regulatory scheme for Dungeness crab in 
the Pacific Ocean.
  Governing International Fishery Agreements (GIFAs) are currently 
authorized under Title II of the Magnuson-Stevens Fishery Conservation 
and Management Act. Foreign fishing vessels may not operate in the U.S. 
Exclusive Economic Zone (EEZ) unless they are registered in a country 
that has signed a GIFA with the United States. These agreements require 
the foreign nations and vessels to comply with all U.S. laws governing 
the conservation and management of living marine resources. In return, 
foreign fishermen may receive an allocation of any excess fish that our

[[Page H6917]]

government determines is available in the fishery.
  The Northwest Atlantic Fisheries Convention Act is the implementing 
legislation for the Convention on Future Multilateral Cooperation in 
the Northwest Atlantic Fisheries. The Northwest Atlantic Fisheries 
Organization (NAFO) was established in 1979 under the terms of the 
Convention. While the U.S. has participated in fishery negotiations in 
the past, the U.S. did not agree to the Convention until 1996. The 
implementing legislation delineates our involvement in NAFO, which is 
responsible for managing and conserving fishery resources from North 
Carolina to Baffin Bay, Canada, and it establishes the procedures for 
delegate selection and includes a reporting requirement.
  The Atlantic Tunas Convention Act (ATCA) is the implementing 
legislation for the International Convention for the Conservation of 
Atlantic Tunas (ICCAT), an international treaty for the conservation 
and management of highly migratory tuna and tuna-like species of the 
Atlantic Ocean, Gulf of Mexico, and Mediterranean. The Act delineates 
the involvement of the United States in ICCAT. It establishes such 
necessary procedures as the selection of the U.S. delegates to the 
ICCAT Commission, the U.S. Advisory Committee, and Species Working 
Groups.
  The final title of the bill extends the current regulatory scheme for 
the Dungeness crab fishery in the Pacific Ocean. The Pacific Ocean 
fishery for Dungeness crab is found in the State waters of California, 
Oregon, and Washington and in the EEZ adjacent to those States. A 
related tribal fishery is conducted under the provisions of court order 
(United States v. Washington) in ocean areas designated by regulation 
as tribal ``usual and accustomed'' areas. Conservation and management 
regulations are implemented and enforced by the three States and the 
tribal governments.
  In order to ensure continued conservation of Dungeness crab, as well 
as accommodate tribal treaty rights, some regulatory authority is 
necessary in the EEZ. The Pacific Fishery Management Council (Council) 
unanimously recommended that Congress make the interim State authority 
permanent. This bill would accomplish that purpose. While the Council 
could develop a fishery management plan, such a step could impose a 
fiscal burden on taxpayers, an unnecessary regulatory burden on 
harvesters and processors, and it would detract from efforts to 
conserve other species under the Council's jurisdiction.
  I strongly support this important bill and urge an AYE vote on it.
  Mr. SAXTON. Mr. Speaker, I reserve the balance of my time.
  Mr. FARR of California. Mr. Speaker, I yield myself such time as I 
may consume.
  (Mr. FARR of California asked and was given permission to revise and 
extend his remarks.)
  Mr. FARR of California. Mr. Speaker, I rise in support of H.R. 3460.
  I would also like to say before beginning the statement here, point 
out how much I have enjoyed working with the gentleman from New Jersey 
(Mr. Saxton). I think that our committee is a committee that deals an 
awful lot with public domain and the oceans and the resources in the 
oceans, and we work in a wonderful bipartisan effort to make sure that 
those resources are protected for the citizens of this country and, 
frankly, the world, and this legislation in a small way plays a part in 
that.
  What this legislation does, Mr. Speaker, is reauthorize several 
important fishery conventions, including the governing international 
fishery agreement between the United States and the Republic of Latvia. 
While the international agreement is unlikely to result in a foreign 
allocation of fish from U.S. waters, we have in several instances 
permitted foreign vessels to process fish caught by U.S. fishermen in 
the United States waters. As such, the GIFA, which is the Governing 
International Fisheries Agreement, renewal is an important building 
block in our long-term bilateral relationships with the Republic of 
Latvia and was requested by this administration to potentially allow 
both countries to expand their business opportunities.
  Section 2 of the bill reauthorizes the Northwest Fisheries Atlantic 
Fisheries Convention Act of 1995. Unfortunately, this organization has 
not been successful in preventing overfishing in many of the fisheries 
managed by treaty nations, and as a result, many of these stocks have 
been severely depleted. As the U.S. joined the organization only 
recently, we did not participate in the overexploitation of these 
resources, and ironically we therefore do not have the catch history to 
justify a quota for U.S. fishermen. Improving both conservation efforts 
and equity within these organizations should be a primary goal of the 
United States as we continue to play a large role in the international 
fisheries conventions and agreements.
  Section 3 of the bill delineates the U.S. role in the International 
Convention for the Conservation of Atlantic Tunas. As we know, many of 
the highly migratory species managed by the International Convention 
for the Conservation of Atlantic Tunas are overfished and desperately 
in need of strong conservation measures. The convention must work 
harder to protect these stocks not only from overfishing but also from 
nontreaty nations whose activities diminish the effectiveness of the 
ICCAT recommendations. This act delineates the involvement of the 
United States in this organization, and it authorizes the Secretary of 
Commerce to adopt the regulations which are necessary to manage these 
valuable stocks consistent with international conservation efforts.
  Section 4 of the bill allows the States of California, Oregon and 
Washington to continue to cooperatively adopt and enforce State laws to 
manage the Dungeness crab fishery in the Exclusive Economic Zone along 
the West Coast of the United States. As my colleagues know, that 
Exclusive Economic Zone goes out to 200 miles.

                              {time}  1430

  In the Sustainable Fisheries Act of 1996, Congress granted these 
States interim authority to manage the Dungeness crab fishery in the 
exclusive economic zone while future options for the fishery were 
explored. The primary reason for this was to accommodate the rights of 
the Northwest Indian tribes to harvest a share of the crab resources 
off the Washington coast.
  The Pacific Fisheries Management Council was then asked to report to 
Congress on progress towards the development of a Federal fishery 
management plan. The Council examined the management options for the 
fishery, and, after careful evaluation, voted unanimously to request 
Congress to allow the existing management structure to be extended.
  This legislation does not override the Council's authority in any 
way. It is supported by all the States, the tribes, the processors and 
the fishermen. The legislation is limited solely to the fishery for 
Dungeness crab, and, more importantly, the authority granted to the 
States under this bill expires when the Secretary of Commerce approves 
a Council fishery management plan for crab.
  Mr. YOUNG of Alaska. Mr. Speaker, I am pleased that we are 
considering H.R. 3460, a noncontroversial bill that will renew the 
Governing International Fishery Agreement with the Republic of Latvia, 
and reauthorize the Northwest Atlantic Fisheries Convention Act of 1995 
and the Atlantic Tunas Convention Act of 1975 until September 30, 2001.
  H.R. 3460 was introduced by Jim Saxton, the chairman of the 
Subcommittee on Fisheries Conservation, Wildlife, and Oceans on March 
12, 1998.
  The Northwest Atlantic Fisheries Convention Act delineates the 
involvement of the United States in NAFO, which is responsible for 
managing and conserving fishing resources from North Carolina to Baffin 
Bay, Canada. The Atlantic Tunas Convention Act is the implementing 
legislation for the International Convention for the Conservation of 
Atlantic Tunas, and international treaty for the conservation and 
management of highly migratory tuna and tuna-like species of the 
Atlantic Ocean, Gulf of Mexico, and Mediterranean.
  In addition, language from H.R. 3498, the Dungeness Crab Conservation 
and Management Act, has been incorporated within this bill. The 
Dungeness crab language will allow the States of Washington, Oregon, 
and California to continue to jointly manage the Dungness crab fishery 
in the Exclusive Economic Zone adjacent to their States.
  The Pacific Fishery Management Council has unanimously voted to urge 
Congress to extend the interim management authority that was granted to 
the States by the Sustainable Fisheries Act of 1996. This bill 
specifically states that if the Pacific Council, at any time, 
determines there is a need for and approves a Federal fishery 
management plan for this fishery, then the authority given to the 
States would be terminated.
  This legislation is time-sensitive because the temporary authority 
given to the States will soon expire and Members should vote for this 
innovative conservation and management measure.

[[Page H6918]]

  I urge an ``aye'' vote on H.R. 3460.
  Mr. FARR of California. Mr. Speaker, I yield back the balance of my 
time.
  Mr. SAXTON. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Barrett of Nebraska). The question is on 
the motion offered by the gentleman from New Jersey (Mr. Saxton) that 
the House suspend the rules and pass the bill, H.R. 3460, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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