[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.
____________________