[Congressional Record Volume 149, Number 153 (Tuesday, October 28, 2003)]
[House]
[Pages H9843-H9846]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 EXPRESSING SENSE OF CONGRESS REGARDING SANCTIONS ON NATIONS THAT ARE 
UNDERMINING EFFECTIVENESS OF CONSERVATION MEASURES FOR ATLANTIC HIGHLY 
                           MIGRATORY SPECIES

  Mr. SAXTON. Madam Speaker, I move to suspend the rules and agree to 
the concurrent resolution (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, as amended.
  The Clerk read as follows:

                            H. Con. Res. 268

       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)).


[[Page H9844]]


  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Saxton) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Saxton).


                             General Leave

  Mr. SAXTON. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and to 
include extraneous material on the concurrent resolution under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. SAXTON. Madam Speaker, I yield myself such time as I may consume.
  H. Con. Res. 268 is a resolution expressing the sense of Congress 
regarding the imposition of sanctions on nations that are undermining 
the effectiveness of conservation and management members for Atlantic 
highly migratory species.
  Madam Speaker, the annual meeting of the International Commission for 
the Conservation of Atlantic Tunas, known as ICCAT, will take place in 
a few weeks. The United States delegation must go into this meeting 
with a strong position that noncompliance by nations that are members 
of ICCAT is unacceptable. The U.S. has been a world leader in pushing 
for conservation measures at ICCAT. In addition, we have put 
restrictions on our fishermen, both recreational and commercial, to 
implement these international conservation measures.

                              {time}  1630

  Again and again, the U.S. has restricted our fishermen and then had 
to watch as foreign nations allowed their fishermen to break the 
internationally agreed upon rules.
  Not only have our fishermen suffered as a result of noncompliance by 
other nations, but the fish themselves have suffered. Atlantic white 
marlin populations, in particular, are at approximately 12 percent of 
their historic levels. Blue marlin are at about 40 percent of their 
historic levels. This is totally unacceptable, and, I might add, 
unnecessary.
  Despite playing by the rules and pushing for conservation, the U.S. 
fishermen were faced with a petition last year to list white marlin 
under the Endangered Species Act. Rebuilding plans for both white 
marlin and blue marlin have been put in place, but international fleets 
do not comply.
  It is clear that U.S. conservation efforts are not enough. Our 
fishermen, both recreational and commercial, played by the rules and 
were still almost shut down because of international indifference.
  We need to make sure that all nations that fish for Atlantic highly-
migratory species play by the rules, or face the consequences. The U.S. 
is one of the biggest markets for these nations, and we should send a 
strong signal that we will not tolerate continued noncompliance.
  This resolution urges the President to continue to work with our 
trading partners through the international fisheries management bodies 
to achieve conservation goals. In addition, the resolution calls on the 
President, when those international efforts do not work, to use all 
methods available, including trade sanctions against those countries 
which choose not to play by the internationally agreed upon rules.
  This resolution sends the message to those nations that do not 
consider conservation to be important that there must be consequences 
to their actions. In addition, it sends the message to U.S. fishermen 
that their conservation efforts are consequential, and not for nothing.
  I urge Members to support this resolution and to send the U.S. 
delegation to ICCAT with the task of warning other nations that they 
need to take conservation seriously.
  Madam Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Madam Speaker, I yield myself such time as I may 
consume.
  (Mrs. CHRISTENSEN asked and was given permission to revise and extend 
her remarks.)
  Mrs. CHRISTENSEN. Madam Speaker, I join my colleague in support of H. 
Con. Res. 268.
  Madam Speaker, the United States has long been a leader in promoting 
the sustainable harvest of our ocean resources. Unfortunately, not all 
other countries have been as diligent. We must continue to press for 
effective conservation and management of our world's fisheries, not 
only at the International Commission for the Conservation of Atlantic 
Tunas, or ICCAT, but at all international fisheries organizations.
  This concurrent resolution, H. Con. Res. 268, gives much-needed 
support to our U.S. commissioners as they enter into yet another round 
of difficult international negotiations. Ending illegal, unregulated 
and unreported fishing, not only of white marlin but all the species 
managed by ICCAT, is necessary to ensure the long-term sustainability 
of these fisheries and the United States commercial and recreational 
industries that depend on them.
  I commend my colleague, the gentleman from New Jersey (Mr. Saxton), 
for this timely resolution, and I urge the House to adopt it.
  Madam Speaker, I reserve the balance of my time.
  Mr. SAXTON. Madam Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Madam Speaker, I yield such time as he may consume 
to the ranking member of the subcommittee, the gentleman from New 
Jersey (Mr. Pallone).
  Mr. PALLONE. Madam Speaker, I thank the gentlewoman for yielding me 
time.
  Madam Speaker, I am pleased to offer my support for H. Con. Res. 268. 
International fisheries agreements, including the International 
Commission for the Conservation of Atlantic Tunas, ICCAT, are critical 
for healthy oceanic food webs, as well as a healthy economy. When fish 
stocks remain at severely depleted levels, ecosystem structure is 
altered, and millions of dollars in revenue are lost every year.
  We learned in multiple hearings in the Subcommittee on Fisheries 
Conservation, Wildlife and Oceans, over the last several years, that 
the Atlantic white marlin stock is in the worst shape of all the 
species managed by ICCAT. Illegal, unregulated and unreported fishing 
further aggravates this problem by undermining market prices to a point 
that our law-abiding commercial fishermen can no longer afford to fish 
and by forcing noncommercial fishermen to be stringently regulated.
  After 40 years of ICCAT management, the Commission has achieved the 
dubious distinction of allowing two-thirds of the highly-migratory 
species it oversees to become overfished. The lack of compliance by 
ICCAT contracting members with ICCAT's own recommendations considerably 
limits this Commission.
  If United States fishermen are expected to adhere to national and 
international laws while maintaining an economically viable industry, 
our administration must be willing to take a strong position in support 
of internationally enforceable recommendations. I have high hopes that 
this resolution will provide a thorough debate at next month's ICCAT 
meeting.
  I just want to commend my colleague, the gentleman from New Jersey 
(Mr. Saxton), for this timely resolution. I am proud to be a cosponsor. 
I urge that the House adopt this resolution.
  Mrs. CHRISTENSEN. Madam Speaker, I yield such time as he may consume 
to the gentleman from American Samoa (Mr. Faleomavaega).
  Mr. FALEOMAVAEGA. Madam Speaker, I thank the gentlewoman for yielding 
me time.
  Madam Speaker, certainly I would like to express my appreciation for 
the outstanding leadership of our colleague, the gentleman from New 
Jersey (Mr. Saxton), as the chief sponsor of this legislation, not only 
as the former chairman of our Subcommittee on Fisheries Conservation, 
Wildlife and Oceans, but always a chief spokesman for the needs of the 
fisheries programs of our Nation.
  Madam Speaker, I rise today in strong support of House Resolution 
268, a resolution expressing the sense of congress regarding the 
imposition of trade sanctions against countries who undermine the 
effectiveness of the International Convention on the Conservation of 
Atlantic Tunas. The International Commission was established

[[Page H9845]]

in 1969 and is responsible for the conservation of some 30 species of 
tuna, swordfish and many other times of highly-migratory fish.
  Thirty-six years ago, the United States demonstrated its leadership 
in marine conservation by being the first to sign the international 
convention. Later that year, we were joined by two other countries, 
Japan and South Africa. Today, the number of contracting and 
cooperating parties has grown to 39 nations from across the world, 
signifying a global recognition of the importance of a large-scale 
collective effort to protect and carefully manage our international 
fisheries.
  Madam Speaker, the ICCAT Commission is charged with the lofty 
responsibility of undertaking scientific research, compiling statistics 
and monitoring a large number of highly-migratory species that inhabit 
the vast Atlantic Ocean. The types of species under the Commission's 
purview of diverse, having varying biological characteristics, 
migration patterns and exploitation pressures from different countries, 
which makes effective management very complicated.
  The Commission directs much effort in devising plans and providing 
recommendations that establish acceptable fishing levels aimed at 
ensuring maximum sustainable catches for all. Since their establishment 
some 33 years ago, the Commission has been working hard to provide 
accurate information and management advice to fishing countries of the 
world, with the number of recommendations growing exponentially each 
year.
  Despite the Commission's considerable efforts, however, several 
Atlantic highly-migratory species are still in jeopardy. The Atlantic 
white marlin, a major sport fishery for the United States, is nearly at 
an endangered status, and not from U.S. sports fishermen. An estimated 
95 percent of the Atlantic marlin catches come from other nations, both 
from targeted fishing, and, sadly, as bycatch.
  I have always had very strong feelings about the issue of bycatch. It 
is inconceivable, Madam Speaker, to me, that some find it acceptable to 
simply throw out these fish, just because there is no perceived market 
value for them. Perhaps my point of view on this stems from my heritage 
as an islander, whose way of life, means of nourishment and culture 
centers almost exclusively on the resources from the ocean, considers 
the discard of any fish as a despicable waste.
  Madam Speaker, illegal, unreported and unregulated, which is known as 
IUU, fishing, is also of great concern to me. Countries who engage in 
such fishing significantly compromise the ability to monitor fish 
stocks accurately, making it very difficult for the Commission to 
advise on setting catch limits. IUU fishing is a serious concern to the 
Atlantic species, as well as to the fisheries of the great Pacific 
Ocean.
  The most unfortunate fact, in my opinion, Madam Speaker, is that even 
some of the contracting member countries have continually violated the 
convention to which they themselves have signed. Brazil, China, Cote 
D'Ivore and Spain continue to overfish Atlantic white marlin, and even 
the European Union refuses to accept the recommendations by the 
Commission for Atlantic blue tuna catch limits. These practices are 
unfair to the rest of the participating nations who fully cooperate and 
value the Convention and actively support international conservation 
efforts. They are unfair to and disrespectful to the internationally-
recognized ICCAT Commission, and they are unfair to our future 
generations that will continue to rely on our ocean resources for food.
  Madam Speaker, I fully support the imposition of trade sanctions on 
these countries that violate and undermine the convention. Repeatedly, 
we have seen laws, rules, and regulations ignored because there is no 
means to effectively enforce them. Perhaps sanctions are the ``teeth'' 
the U.S. can give the convention so that violating countries will begin 
to take marine conservation seriously.
  I am a proud cosponsor of this resolution and may even propose a 
similar resolution for the Pacific fisheries at the appropriate time, 
as we have many similar issues there as well.
  I thank my good friends and colleagues on the Committee on Resources, 
the gentleman from New Jersey (Mr. Saxton), the gentleman from New 
Jersey (Mr. Pallone), and the chairman of our subcommittee, the 
gentleman from Maryland (Mr. Gilchrest) for their leadership on this 
issue, and I urge Members to support this resolution.
  I even suggested, Madam Speaker, that we ought to extend our EE zone 
from 200 to 1,000 miles, to make a point of the fact that our country 
is the only country that is sincerely making every effort to see that 
when we say conservation, we mean it sincerely, and not just a lot of 
rhetoric.
  Madam Speaker, I do want to thank my staff, Dr. Malia Rivera, a Sea 
Grant fellow in my office, for the outstanding job she has done in 
advising me on issues pertaining to fisheries, and again I thank my 
good friend from New Jersey, and I urge my colleagues to support this 
resolution.
  Mrs. CHRISTENSEN. Madam Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. SAXTON. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I would just conclude by saying this, that in our 
country, many years ago when our country was young, our forefathers 
enjoyed a huge herd of buffalo in the Midwest States, and because we 
did not understand that they would not always just be there, we carried 
out practices that simply eliminated them.
  Unfortunately, because of the international pressure that is being 
placed on these species by the international pelagic longline fleet and 
the lack of enforcement of agreed upon ICCAT regulations, the same 
process is currently under way with white marlin, blue marlin, 
swordfish, Atlantic tuna and other species.
  This is a crime which, in my view, must stop, and I do not use the 
term ``crime'' unadvisedly.
  Mr. FALEOMAVAEGA. Madam Speaker, will the gentleman yield?
  Mr. SAXTON. I yield to the gentleman from American Samoa.
  Mr. FALEOMAVAEGA. Madam Speaker, again, to make the point in the 
course of our hearings, with due respect to the members of the 
administration that testified before our hearing that was held, they 
are making every sincere effort to get other countries and members of 
the convention to comply, but how long have we been doing this? This is 
for the past 10 years, from previous administrations. We are still 
making every sincere effort, but it seems with no real substantive 
results.
  I ask my good friend, the gentleman from New Jersey, what else can we 
do? As I suggested earlier, we need to put teeth on the substance of 
this convention, or else we are just going to be spinning our wheels 
for another 10-year period, and still with no results.
  Here is the problem: We now have fishing vessels from the Atlantic 
fishing in the Pacific. Why? Because some of these fish have been 
overfished. There are moratoriums placed on them.
  We have serious problems, even in the Pacific. Fifty-four percent of 
the tuna now caught in the world is from the Pacific Ocean, and this is 
just tuna. The fact is that if we are not taking seriously the 
substantial of the problems of conservation of various species of fish, 
we definitely are going to have some very serious problems.
  I thank the gentleman for his expressing the concerns about the 
fishing, but I ask my good friend, we have been spinning our wheels for 
the last 10 years, are we going to be doing the same thing for the next 
10 years?
  Mr. SAXTON. Madam Speaker, reclaiming my time, I thank the gentleman 
for making the eloquent point that he has.

                              {time}  1645

  The question is a very good one. That is what this piece of 
legislation, this resolution is about. It says that, in effect, if the 
parties who go to ICCAT and make an agreement on the amount, the 
number, or the amount of tonnage of fish to be taken do not comply with 
those agreements, then the President is urged to use trade sanctions 
with regard to fish or other commodities to enforce those agreements, 
or to provide a penalty against those who do not comply with the 
agreements that their countries make. It is a huge problem and one that 
I hope that this resolution will give the administration the necessary 
muscle that it needs to solve this problem.

[[Page H9846]]

  Mr. FALEOMAVAEGA. Madam Speaker, if the gentleman would again yield, 
and I thank him for yielding, and I sincerely hope that perhaps, even 
after expressing the sense of the Congress in our resolution, that 
maybe the next phase is to put in teeth by saying by statute that we do 
this. Because again, despite all of the good efforts that perhaps the 
administration may be making on this issue, it is not just from this 
administration, but even from previous administrations, I think we are 
tired of the rhetoric. It is time to now put teeth in this issue and 
make sure that if we are going to be the only Nation complying with the 
substance of the convention while the others can still do what they 
want, I think there is a tremendous inequity in this effort.
  Again, I thank the gentleman for bringing this point to the attention 
of our colleagues.
  Mr. SAXTON. Madam Speaker, I thank the gentleman from American Samoa 
for making the point so clearly.
  Madam Speaker, I have no further speakers at this time, and I yield 
back the balance of my time.
  The SPEAKER pro tempore (Mrs. Capito). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Saxton) that the House 
suspend the rules and agree to the concurrent resolution, H. Con. Res. 
268, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the concurrent resolution, as 
amended, was agreed to.
  A motion to reconsider was laid on the table.

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