[House Report 104-109]
[From the U.S. Government Publishing Office]



H.L.C.

                                                                       
104th Congress                                            Rept. 104-109
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     Part 1
_______________________________________________________________________


 
                 ATLANTIC TUNAS CONVENTION ACT OF 1995

_______________________________________________________________________


                  May 1, 1995.--Ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 541]

      [Including cost estimate of the Congressional Budget Office]
  The Committee on Resources, to whom was referred the bill 
(H.R. 541) to reauthorize the Atlantic Tunas Convention Act of 
1975, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:
SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Atlantic Tunas Convention Act of 
1995''.

SEC. 2. RESEARCH AND MONITORING ACTIVITIES.

  (a) Report to Congress.--The Secretary of Commerce shall, within 90 
days after the date of enactment of this Act, submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Resources of the House of Representatives--
          (1) identifying current governmental and non-governmental 
        research and monitoring activities on Atlantic bluefin tuna and 
        other highly migratory species;
          (2) describing the personnel and budgetary resources 
        allocated to such activities; and
          (3) explaining how each activity contributes to the 
        conservation and management of Atlantic bluefin tuna and other 
        highly migratory species.
  (b) Research and Monitoring Program.--Section 3 of the Act of 
September 4, 1980 (16 U.S.C. 971i) is amended--
          (1) by amending the section heading to read as follows:

``SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.'';

          (2) by inserting ``(a) Biennial Report on Bluefin Tuna.--'' 
        before ``The Secretary of Commerce shall''; and
          (3) by adding at the end the following:
  ``(b) Highly Migratory Species Research and Monitoring.--
          ``(1) Within 6 months after the date of enactment of the 
        Atlantic Tunas Convention Act of 1995, the Secretary of 
        Commerce, in cooperation with the advisory committee 
        established under section 4 of the Atlantic Tunas Convention 
        Act of 1975 (16 U.S.C. 971b) and in consultation with the 
        United States Commissioners on the International Commission for 
        the Conservation of Atlantic Tunas (referred to in this section 
        as the `Commission') and the Secretary of State, shall develop 
        and implement a comprehensive research and monitoring program 
        to support the conservation and management of Atlantic bluefin 
        tuna and other highly migratory species, that shall--
                  ``(A) identify and define the range of stocks of 
                highly migratory species in the Atlantic Ocean, 
                including Atlantic bluefin tuna; and
                  ``(B) provide for appropriate participation by 
                nations which are members of the Commission.
          ``(2) The program shall provide for, but not be limited to--
                  ``(A) statistically designed cooperative tagging 
                studies;
                  ``(B) genetic and biochemical stock analyses;
                  ``(C) population censuses carried out through aerial 
                surveys of fishing grounds and known migration routes;
                  ``(D) adequate observer coverage and port sampling of 
                commercial and recreational fishing activity;
                  ``(E) collection of comparable real-time data on 
                commercial and recreational catches and landings 
                through the use of permits, logbooks, landing reports 
                for charter operations and fishing tournaments, and 
                programs to provide reliable reporting of the catch by 
                private anglers;
                  ``(F) studies of the life history parameters of 
                Atlantic bluefin tuna and other highly migratory 
                species;
                  ``(G) integration of data from all sources and the 
                preparation of data bases to support management 
                decisions; and
                  ``(H) other research as necessary.
          ``(3) The Secretary of Commerce shall ensure that personnel 
        and resources of each regional research center shall have 
        substantial participation in the stock assessments, research, 
        and monitoring of highly migratory species that occur in that 
        region.
          ``(4) In developing a program under this section, the 
        Secretary shall provide for comparable monitoring of all United 
        States fishermen to which this Act applies with respect to 
        effort and species composition of catch and discards. The 
        Secretary through the Secretary of State shall encourage other 
        member nations to adopt a similar program.''.

SEC. 3. ADVISORY COMMITTEE PROCEDURES.

  Section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971b) is amended--
          (1) by inserting ``(a)'' before ``There''; and
          (2) by adding at the end the following:
  ``(b)(1) A majority of the members of the advisory committee shall 
constitute a quorum, but one or more such members designated by the 
advisory committee may hold meetings to provide for public 
participation and to discuss measures relating to the United States 
implementation of Commission recommendations.
  ``(2) The advisory committee shall elect a Chairman for a 2-year term 
from among its members.
  ``(3) The advisory committee shall meet at appropriate times and 
places at least twice a year, at the call of the Chairman or upon the 
request of the majority of its voting members, the United States 
Commissioners, the Secretary, or the Secretary of State.
  ``(4)(A) The Secretary shall provide to the advisory committee in a 
timely manner such administrative and technical support services as are 
necessary for the effective functioning of the committee.
  ``(B) The Secretary and the Secretary of State shall furnish the 
advisory committee with relevant information concerning fisheries and 
international fishery agreements.
  ``(5) The advisory committee shall determine its organization, and 
prescribe its practices and procedures for carrying out its functions 
under this Act, the Magnuson Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.), and the Convention. The advisory committee 
shall publish and make available to the public a statement of its 
organization, practices, and procedures.
  ``(6) The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the advisory committee.''.

SEC. 4. REGULATIONS AND ENFORCEMENT OF CONVENTION.

  Section 6(c) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971d(c)) is amended--
          (1) in paragraph (3) in the matter following subparagraph 
        (K), by inserting ``or fishery mortality level'' after ``quota 
        of fish''; and
          (2) by striking paragraphs (4) and (5) and inserting the 
        following:
          ``(4) Publication of list.--Not later than January 1, 1996, 
        and annually thereafter, the Secretary, in consultation with 
        the Secretary of State, shall publish a list of nations whose 
        fishing vessels are fishing, or have fished during the previous 
        year, within the Convention area in a manner that is 
        inconsistent with the objectives of a conservation or 
        management recommendation of the Commission.
          ``(5) Identification and notification.--As soon as 
        practicable after the date of the enactment of the Atlantic 
        Tunas Convention Act of 1995 and as appropriate thereafter, the 
        Secretary shall--
                  ``(A) identify those nations whose fishing vessels 
                are fishing within the Convention area in a manner that 
                is inconsistent with the objectives of a conservation 
                or management recommendation of the Commission; and
                  ``(B) notify the President and the nation so 
                identified, including an explanation of the reasons 
                therefor.
          ``(6) Consultations.--Not later than 30 days after a nation 
        is notified under paragraph (5), the President shall enter into 
        consultations with the government of that nation for the 
        purpose of obtaining an agreement that will--
                  ``(A) effect the immediate termination and prevent 
                the resumption of any fishing by fishing vessels of 
                that nation within the Convention area that is 
                inconsistent with the objectives of a conservation or 
                management recommendation of the Commission; and
                  ``(B) when practicable, require the government or 
                fishing vessels of that nation to mitigate the negative 
                impacts of that fishing on the effectiveness of a 
                conservation or management recommendation of the 
                Commission including, but not limited to, by imposing 
                deductions for quota overages in subsequent years.
          ``(7) Prohibition of imports of fish and fish products.--
                  ``(A) If, within 90 days after entering into 
                consultations under paragraph (6), the President finds 
                that such consultations have not concluded 
                satisfactorily or are not likely to conclude 
                satisfactorily, the President shall--
                          ``(i) direct the Secretary of the Treasury to 
                        prohibit the importation into the United States 
                        from the nation concerned of fish and fish 
                        products of those species which are subject to 
                        regulation pursuant to a recommendation of the 
                        Commission and which were harvested within the 
                        Convention area; and
                          ``(ii) upon the recommendation of the 
                        Secretary, direct the Secretary of the Treasury 
                        to prohibit the importation from the nation 
                        concerned of such other fish and fish products 
                        as may be necessary to carry out the purposes 
                        of this subsection.
                  ``(B) In making a recommendation under subparagraph 
                (A)(ii), the Secretary shall take into consideration 
                the severity of the impacts of fishing by fishing 
                vessels of the nation concerned on the effectiveness of 
                a conservation or management recommendation of the 
                Commission.''.

SEC. 5. FINES AND PERMIT SANCTIONS.

  Section 7(e) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971(e)) is amended to read as follows:
  ``(e) The civil penalty and permit sanctions of section 308 of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1858) are 
hereby made applicable to violations of this section as if they were 
violations of section 307 of that Act.''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

  Section 10 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971h) is amended to read as follows:
                   ``authorization of appropriations
  ``Sec. 10. There are authorized to be appropriated to carry out this 
Act, including use for payment of the United States share of the joint 
expenses of the Commission as provided in article X of the Convention, 
the following sums:
          ``(1) For fiscal year 1996, $2,750,000, of which $50,000 are 
        authorized in the aggregate for the advisory committee 
        established under section 4 and the species working groups 
        established under section 4A, and $1,500,000 are authorized for 
        research activities under this Act.
          ``(2) For fiscal year 1997, $4,000,000 of which $62,000 are 
        authorized in the aggregate for such advisory committee and 
        such working groups, and $2,500,000 are authorized for such 
        research activities.
          ``(3) For fiscal year 1998, $4,000,000, of which $75,000 are 
        authorized in the aggregate for such advisory committee and 
        such working groups, and $2,500,000 are authorized for such 
        research activities.''.

SEC. 7. REPORT AND CERTIFICATION.

  The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.) is 
amended by adding at the end thereof the following:
                            ``annual report
  ``Sec. 12. Not later than April 1, 1996, and annually thereafter, the 
Secretary, in consultation with the Secretary of State and the advisory 
committee established under section 4, shall prepare and transmit to 
the Committee on Resources of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report, that--
          ``(1) details for the previous 10-year period the catches and 
        exports to the United States of highly migratory species 
        (including tunas, swordfish, marlin, and sharks) from nations 
        fishing on Atlantic stocks of such species that are subject to 
        management by the Commission;
          ``(2) describes the results of efforts by the United States 
        to negotiate with other nations whose fishing vessels are 
        fishing or have fished in the previous year within the 
        Convention area to establish reporting, monitoring, and 
        enforcement measures that are comparable to those in effect for 
        the United States pursuant to the Convention;
          ``(3) describes reporting requirements established by the 
        Secretary to ensure that imported fish products are in 
        compliance with all international management measures, 
        including minimum size requirements, established by the 
        Commission and other international fishery organizations to 
        which the United States is a party; and
          ``(4) describes actions taken by the Secretary under sections 
        6 and 13.
                            ``certification
  ``Sec. 13. (a) After January 1, 1997, if the Secretary determines 
that any nation with which negotiations were held pursuant to section 
12(2) has not established or is not likely to establish reporting, 
monitoring, and enforcement measures that are comparable to those in 
effect for the United States pursuant to the Convention, the Secretary 
shall certify that fact to the President and notify the nation of the 
certification.
  ``(b) Within 60 days after the date of receiving a certification 
under subsection (a) regarding a nation, the President shall direct the 
Secretary of the Treasury to limit the importation from the nation of 
fish and fish products of those species which are subject to a 
regulation pursuant to a recommendation of the Commission, to levels 
that are consistent with the applicable harvest or fishing mortality 
levels recommended by the Commission.
                       ``removal of prohibitions
  ``Sec. 14. If the President finds that the reasons for the imposition 
of any prohibition under section 6 or any limitation on importation 
under section 13 no longer prevail, the President shall direct the 
Secretary of the Treasury to promptly terminate such prohibition or 
limitation.
                           ``savings clauses
  ``Sec. 15. (a) Nothing in this Act shall have the effect of 
diminishing the rights and obligations of any nation under Article 
VIII(3) of the Convention.
  ``(b) Nothing in this Act shall have the effect of diminishing the 
rights and obligations of the United States as set forth in the General 
Agreement on Tariffs and Trade.''.

SEC. 8. SENSE OF THE CONGRESS WITH RESPECT TO ICCAT NEGOTIATIONS.

  (a) Sharing of Conservation Burden.--It is the sense of the Congress 
that in future ICCAT negotiations, the Secretary of Commerce shall 
ensure that the conservation actions recommended by international 
commissions and implemented by the Secretary for United States 
commercial and recreational fishermen provide fair and equitable 
sharing of the conservation burden among all contracting harvesters in 
negotiations with those commissions.
  (b) Enforcement Provisions.--It is further the sense of the Congress 
that, during 1995 ICCAT negotiations on swordfish and other Highly 
Migratory Species managed by ICCAT, the Congress encourages the United 
States Commissioners to add enforcement provisions similar to the 
bluefin tuna sanctions.
  (c) Enhanced Monitoring.--It is further the sense of the Congress 
that the National Oceanic and Atmospheric Administration and United 
States Customs Service should enhance monitoring activities to 
ascertain what specific stocks are being imported into the United 
States and the country of origin.
                          Purpose of the Bill

    The purpose of H.R. 541 is to authorize the Atlantic Tunas 
Convention Act, which provides the legal authority for the 
United States to participate in the International Convention 
for the Conservation of Atlantic Tunas.

                  Background and Need for Legislation

    In 1966, the International Convention for the Conservation 
of Atlantic Tunas (ICCAT) was established for the conservation 
of highly migratory tuna and tuna-like species of the Atlantic 
Ocean, Mediterranean Sea, and Gulf of Mexico. These species 
include bluefin, yellowfin, albacore, and bigeye tunas as well 
as swordfish, marlin, and spearfish. These fish travel between 
high seas areas and the Exclusive Economic Zones of countries 
bordering the Atlantic Ocean and, thus, may be subject to a 
wide range of regulations. Due to the immense distances covered 
by these types of fish and the large number of countries that 
fish for them, ICCAT sought to establish uniform, international 
regulations for these commercially valuable, but quickly 
declining living marine resources.
    To date, 22 countries, including the United States, Japan, 
Canada, and Spain, are signatories to ICCAT. Although the U.S. 
Senate ratified ICCAT in 1967, nine years passed before 
enactment of the Atlantic Tunas Convention Act (ATCA) of 1975. 
ATCA has been amended several times, most recently in 1990.
    ATCA (16 U.S.C. 971-971i, Public Law 94-70) authorizes the 
involvement of the United States in ICCAT. It establishes such 
necessary procedures for the selection of the U.S. delegates to 
the ICCAT Commission, the U.S. Advisory Committee, and Species 
Working Groups. The Secretary of Commerce is authorized to 
administer and enforce all provisions of ICCAT and ATCA and may 
propose necessary and appropriate regulations for this mandate. 
The regulations may establish open and closed seasons, fish 
size requirements and catch limitations, incidental catch 
restrictions, and observer coverage. ATCA also includes 
provisions on civil penalties, enforcement, and an 
authorization of appropriations.
    Furthermore, the Act authorizes the Secretary of Commerce 
to prohibit the entry into the United States of any fish 
subject to regulations recommended by ICCAT and taken in a 
manner which would diminish the effectiveness of ICCAT's 
conservation efforts. The Secretary of Commerce is also 
required to prepare and submit to Congress biennial reports 
summarizing bluefin tuna harvest by U.S. fishermen and the 
status of bluefin tuna stocks under ICCAT's jurisdiction.
    In November of 1994, ICCAT held its annual meeting in 
Madrid, Spain, and spent a considerable amount of time debating 
the findings contained in the U.S. National Research Council 
(NRC) study on western bluefin biology and stock assessments. 
In its report, the NRC questioned the theory on which all stock 
assessments and allocations were made. After reassessing the 
revised data for Atlantic bluefin stocks, ICCAT recommended a 
modest increase in the western Atlantic bluefin harvest quota.
    It is clear to the Committee that greater participation by 
all nations will be necessary if ICCAT recommendations are to 
be effective in conserving highly migratory species (HMS).

                            Committee Action

    H.R. 541 was introduced on January 17, 1995, by Congressman 
Jim Saxton. The bill was referred to the Committee on 
Resources, and within the Committee was referred to the 
Subcommittee on Fisheries, Wildlife and Oceans.
    On January 25, 1995, the Subcommittee on Fisheries, 
Wildlife and Oceans held a hearing on H.R. 541, and other 
issues. Ambassador David A. Colson, Deputy Assistant Secretary 
of State for Oceans, and Mr. Rolland A. Schmitten, Assistant 
Administrator for Fisheries, National Marine Fisheries Service, 
testified for the Administration. Both witnesses supported the 
reauthorization of ATCA and Ambassador Colson noted that ``we 
believe [ICCAT] is now on the right track for effective 
conservation of Atlantic bluefin tuna and swordfish stocks, the 
species of primary interest to the United States''.
    On February 1, 1995, the Subcommittee on Fisheries, 
Wildlife and Oceans met to mark up H.R. 541. At that time, 
Congressman Torkildsen offered two amendments. The first 
amendment clarified that aerial surveys of bluefin population 
censuses would include known migration routes. The second 
amendment required regional fisheries centers with the greatest 
proximity to a fishery should have substantial participation in 
stock assessments, research, and monitoring of that fishery. 
These amendments were adopted by voice vote. The bill was 
ordered favorably reported to the Full Committee.
    On April 5, 1995, the Full Committee met to consider H.R. 
541. At that time, Subcommittee Chairman Jim Saxton offered two 
amendments. The first amendment expressed a ``Sense of 
Congress'' that in future ICCAT negotiations the Secretary of 
Commerce shall ensure that the conservation burden be shared 
fairly and equitably with all harvesters; that U.S. 
Commissioners to the next ICCAT meeting seek the adoption of 
enforcement provisions on swordfish and other highly migratory 
species that are comparable to the bluefin tuna sanctions 
adopted in 1994; and that steps be taken to carefully monitor 
the stocks and country of origin of fish being imported into 
the United States. The second amendment established new 
enforcement provisions against those countries that violate 
ICCAT-approved conservation measures by mandating a limitation 
on the import of fish caught in violation of these measures. 
These amendments were both adopted by voice vote. No other 
amendments were offered and the bill as amended was ordered 
favorably reported to the House of Representatives by voice 
vote, in the presence of a quorum.

                      Section-by-Section Analysis

Section 1. Short title

    This section states that the bill may be cited as the 
``Atlantic Tunas Convention Act of 1995''.
Section 2. Research and monitoring activities

    This section requires a report within 90 days of enactment 
from the Secretary of Commerce to Congress which includes: (1) 
identifying all research and monitoring activities on Atlantic 
bluefin tuna and other HMS; (2) describing personnel and 
budgetary resources allocated to these activities; and (3) 
explaining how each activity contributes to the conservation 
and management of these species.
    This section also requires the Secretary of Commerce to 
develop and implement a research program to support the 
conservation and management of HMS. The program will include 
cooperative tagging studies; genetic and biochemical stock 
analyses; population censuses; aerial surveys; adequate 
observer coverage; port sampling of fishing activity; 
collection of real-time data on commercial and recreational 
catches through the use of permits, logbooks, landing reports 
for charter operations and fishing tournaments; studies of the 
life history of Atlantic bluefin tuna and other HMS integration 
of data from all sources; and other relevant research. The 
Secretary must also ensure that each regional fisheries center 
with proximity to a fishery shall have substantial 
participation in stock assessments, research, and monitoring of 
that fishery.

Section 3. Advisory committee procedures

    This section amends section 4 of ATCA by adding advisory 
committee meeting requirements (including quorum, times, and 
public meeting requirements), providing for the selection of a 
committee chairman, requiring the Secretary of Commerce to 
provide administrative support, directing the Secretaries of 
Commerce and State to furnish the advisory committee with 
relevant information concerning fisheries and international 
fisheries agreements, and directing the committee to make 
public a statement of its organization, practices, and 
procedures.

Section 4. Regulations

    This section amends ATCA by requiring that no regulation 
issued under the Act can have the effect of increasing or 
decreasing any allocation or quota of fish or fishing mortality 
level to the United States agreed to by recommendation of the 
ICCAT Commission.
    This section requires the Secretary of Commerce to annually 
publish a list of those nations whose fishing vessels are 
undermining the goals of a conservation or management plan and 
it directs the President to prohibit, under certain 
circumstances, fish and fish products from any nation whose 
vessels are violating the objectives of ICCAT.

Section 5. Fines and permit sanctions

    This section provides that violations under ATCA will be 
treated as violations under section 307 of the Magnuson Fishery 
Conservation and Management Act.

Section 6. Authorization of appropriations
    This section provides continued authorizations of 
appropriations for ATCA for Fiscal Years 1996, 1997, and 1998, 
divided between the advisory committee and species working 
groups, and research activities.

Section 7. Report and certification

    This section amends ATCA to require an annual report that: 
(1) details for the previous 10-year period the catches and 
exports to the United States of HMS (including tunas, 
swordfish, marlin, and sharks) from nations fishing on Atlantic 
stocks of such species that are subject to management by the 
Commission; (2) describes the results of negotiations with 
other countries to establish reporting, monitoring and 
enforcement measures comparable to those of the United States; 
(3) describes reporting requirements established by the 
Secretary to ensure that imported fish products are in 
compliance with all international management measures, 
including minimum size requirements, established by the 
Commission and other international fishery organizations to 
which the United States is a party; and (4) describes 
certification actions taken by the Secretary and actions taken 
under section 6 of ATCA.
    Also under this section, if the Secretary of Commerce 
determines that a nation is not likely to establish ICCAT 
reporting, monitoring and enforcement requirements comparable 
to those of the United States, the Secretary must certify this 
fact to the President. The President must then limit the 
importation of fish and fish products of those species subject 
to ICCAT recommendations from that nation to levels consistent 
with the harvest or morality levels recommended by the ICCAT 
Commission. The President may terminate this limitation.
    Finally, this section states that nothing in ATCA 
diminishes the rights and obligations of the United States 
under the General Agreement on Tariffs and Trade.

Section 8. Sense of Congress

    This section expresses the ``Sense of Congress'' that in 
future ICCAT negotiations, the Secretary of Commerce shall take 
the necessary actions to ensure that the conservation burden 
would be shared fairly and equitably with all fish harvesters; 
that at the next convention meeting, U.S. Commissioners to 
ICCAT support enforcement provisions on swordfish and other HMS 
that are comparable to those implemented for bluefin tuna; and 
that steps should be taken to carefully monitor the stocks and 
country of origin of the fish being imported into the United 
States.

            Committee Oversight Findings and Recommendations

    Pursuant to clause 2(l)(3) of rule XI of the Rules of the 
House of Representatives and clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, the Committee's 
oversight findings and recommendations are reflected in the 
body of this report.
                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 541 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 541. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House rule XI

    1. With respect to the requirements of clause 2(l)(3)(B) of 
rule XI of the rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
541 does not contain any new budget authority, credit 
authority, or a decrease in revenues or tax expenditures. The 
bill may result in insignificant increased revenue (less than 
$500,000) to the United States through the collection of 
criminal fines for violations of the Atlantic Tunas Convention 
Act, and direct spending of these fines after deposit into the 
Crime Victims Fund.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 541.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 541 
from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 13, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 541, the Atlantic 
Tunas Convention Act of 1995.
    Enactment of S. 541 would affect direct spending and 
receipts. Therefore, pay-as-you-go procedures would apply to 
the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
                      congressional budget office

                             cost estimate

    1. Bill number: H.R. 541.
    2. Bill title: The Atlantic Tunas Convention Act of 1995.
    3. Bill status: As ordered reported by the House Committee 
on Resources on April 5, 1995.
    4. Bill Purpose: H.R. 541 would amend the Atlantic Tunas 
Convention Act (Public Law 94-70) to require the Secretary of 
Commerce to develop and implement a research and monitoring 
program to support the conservation and management of Atlantic 
bluefin tuna and other highly migratory species. The bill also 
would require the Secretary of Commerce to submit a report to 
the Congress explaining any current research that is being done 
on these species, as well as budgetary resources and personnel 
committed to this effort. The bill would authorize 
appropriations of $2.75 million in fiscal year 1995 and $4 
million each year for fiscal years 1996 through 1998 to carry 
out these activities.
    H.R. 541 also would require the Secretary of Commerce to 
publish annually a list of nations whose fishing vessels have 
fished within an area designated by the International 
Convention for the Conservation of Atlantic Tunas in ways that 
are inconsistent with recommendations of the Commission for the 
Conservation of Atlantic Tunas. The President would be directed 
to enter into consultations with those nations in order to end 
this behavior by their vessels, and if practicable, to mitigate 
any negative impacts that have taken place. If these 
negotiations are not successful, the President would direct the 
Secretary of the Treasury to prohibit imports from the 
offending nation(s) of fish and fish products that are subject 
to regulation by the commission.
    The bill also would require the President to direct the 
Secretary of the Treasury to limit the importation of fish or 
fish products subject to regulation by the commission from 
nations that have not established reporting and enforcement 
measures that are comparable to those in effect for the United 
States pursuant to the Convention.
    Finally, H.R. 541 would amend Public Law 94-70 to establish 
civil and criminal penalties under the Magnuson Fishery 
Conservation and Management Act.
    5. Estimated cost to the Federal Government: H.R. 541 would 
authorize appropriations of $2.75 million for 1995 and $4 
million each year for 1996 through 1998. This estimate assumes 
that the full amounts authorized would be appropriated. The 
National Oceanic and Atmospheric Administration (NOAA) did not 
receive an appropriation to carry out these activities in 1995. 
Because some of the bill's requirements are similar to 
functions already being carried out by NOAA within its 
Operations, Research and Facilities account, CBO used that 
account's outlay rate for estimating outlays of the amounts 
authorized.

------------------------------------------------------------------------
                      1995     1996     1997     1998     1999     2000 
------------------------------------------------------------------------
Spending subject                                                        
 to appropriations                                                      
 action:                                                                
    Authorizations                                                      
     of                                                                 
     appropriation                                                      
     s............      2.8      4.0      4.0      4.0  .......  .......
    Estimated                                                           
     outlays......        0      3.6      4.2      4.4      1.8      0.5
Direct spending:                                                        
    Estimated                                                           
     budget                                                             
     authority....  .......  .......    (\1\)    (\1\)    (\1\)    (\1\)
    Estimated                                                           
     outlays......  .......  .......    (\1\)    (\1\)    (\1\)    (\1\)
Revenues..........  .......    (\1\)    (\1\)    (\1\)    (\1\)    (\1\)
------------------------------------------------------------------------
\1\ CBO cannot estimate this amount precisely, but expects that it would
  be less than $500,000.                                                

    The costs of this bill fall within budget function 300.
    Based on information received from the Department of 
Commerce and the Customs Service, CBO estimates that 
enforcement of the import ban or limitation would not 
significantly increase costs to the federal government. The 
Customs Service already has similar procedures in place for 
yellowfin tuna, and has indicated that it could duplicate them 
for bluefin tuna and other species.
    Any civil and criminal fines levied under the Magnuson Act 
would increase receipts to the federal government. Criminal 
fines would be deposited in the Crime Victims Fund and would be 
spent in the following year. Receipts from civil penalties 
would be used to pay for enforcement costs incurred by the 
Department of Commerce. CBO does not expect this additional 
revenue or direct spending to be significant.
    6. Pay-as-you-go considerations: Section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts through 1998. CBO estimates that enactment 
of H.R. 541 would affect direct spending and receipts through 
the imposition of criminal fines and resulting spending from 
the Crime Victims Fund. CBO estimates that the amounts involved 
would be less than $500,000 per year. The following table 
summarizes the estimated pay-as-you-go impact of this bill.

------------------------------------------------------------------------
                                    1995      1996      1997      1998  
------------------------------------------------------------------------
Change in outlays...............         0         0         0         0
Change in receipts..............         0         0         0         0
------------------------------------------------------------------------

    7. Estimated cost to State and local governments: None.
    8. Estimate comparison: None.
    9. Previous CBO estimate: On April 12, 1995, CBO prepared a 
cost estimate for S. 267, the Fisheries Act of 1995. Title III 
of S. 267 corresponds to H.R. 541; however, it does not include 
the import prohibition and limitation provisions. The 
authorization levels in H.R. 541 are identical to those in 
Title III of S. 267, and the tuna import provisions would have 
no significant budgetary impact.
    10. Estimate prepared by: Rachel Robertson.
    11. Estimated approved by: Robert A. Sunshine (for Paul N. 
Van de Water, Assistant Director for Budget Analysis).

                          Departmental Reports

    The Committee has received no departmental reports on H.R. 
541.
         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

               SECTION 3 OF THE ACT OF SEPTEMBER 4, 1980

  AN ACT To authorize appropriations for fiscal years 1981, 1982, and 
   1983 for the Atlantic Tunas Convention Act of 1975, and for other 
                               purposes.

[SEC. 3. REPORTS REGARDING BLUEFIN TUNA.]
SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.
  (a) Biennial Report on Bluefin Tuna.--The Secretary of 
Commerce shall prepare, for each biennial period commencing 
with the period covering calendar years 1981 and 1982, and 
submit to the Congress a report setting forth, with respect to 
such biennial period--
          (1) the level of taking of bluefin tuna by United 
        States fishermen in the Convention area as defined in 
        Article I of the International Convention for the 
        Conservation of Atlantic Tunas;
          (2) the status of bluefin tuna stocks within such 
        Convention area and the trends in their population 
        level; and
          (3) related information resulting from the 
        implementation of the observer program under section 2 
        of this Act.
The report required under this section shall be submitted to 
the Congress within sixty days after the close of the biennial 
period covered by the report. There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.
  (b) Highly Migratory Species Research and Monitoring.--
          (1) Within 6 months after the date of enactment of 
        the Atlantic Tunas Convention Act of 1995, the 
        Secretary of Commerce, in cooperation with the advisory 
        committee established under section 4 of the Atlantic 
        Tunas Convention Act of 1975 (16 U.S.C. 971b) and in 
        consultation with the United States Commissioners on 
        the International Commission for the Conservation of 
        Atlantic Tunas (referred to in this section as the 
        ``Commission'') and the Secretary of State, shall 
        develop and implement a comprehensive research and 
        monitoring program to support the conservation and 
        management of Atlantic bluefin tuna and other highly 
        migratory species, that shall--
                  (A) identify and define the range of stocks 
                of highly migratory species in the Atlantic 
                Ocean, including Atlantic bluefin tuna; and
                  (B) provide for appropriate participation by 
                nations which are members of the Commission.
          (2) The program shall provide for, but not be limited 
        to--
                  (A) statistically designed cooperative 
                tagging studies;
                  (B) genetic and biochemical stock analyses;
                  (C) population censuses carried out through 
                aerial surveys of fishing grounds and known 
                migration routes;
                  (D) adequate observer coverage and port 
                sampling of commercial and recreational fishing 
                activity;
                  (E) collection of comparable real-time data 
                on commercial and recreational catches and 
                landings through the use of permits, logbooks, 
                landing reports for charter operations and 
                fishing tournaments, and programs to provide 
                reliable reporting of the catch by private 
                anglers;
                  (F) studies of the life history parameters of 
                Atlantic bluefin tuna and other highly 
                migratory species;
                  (G) integration of data from all sources and 
                the preparation of data bases to support 
                management decisions; and
                  (H) other research as necessary.
          (3) The Secretary of Commerce shall ensure that 
        personnel and resources of each regional research 
        center shall have substantial participation in the 
        stock assessments, research, and monitoring of highly 
        migratory species that occur in that region.
          (4) In developing a program under this section, the 
        Secretary shall provide for comparable monitoring of 
        all United States fishermen to which this Act applies 
        with respect to effort and species composition of catch 
        and discards. The Secretary through the Secretary of 
        State shall encourage other member nations to adopt a 
        similar program.
                              ----------                              


                 ATLANTIC TUNAS CONVENTION ACT OF 1975

          * * * * * * *

                           advisory committee

  Sec. 4. (a) There is established an advisory committee which 
shall be composed of--
          (1) * * *
          * * * * * * *
  (b)(1) A majority of the members of the advisory committee 
shall constitute a quorum, but one or more such members 
designated by the advisory committee may hold meetings to 
provide for public participation and to discuss measures 
relating to the United States implementation of Commission 
recommendations.
  (2) The advisory committee shall elect a Chairman for a 2-
year term from among its members.
  (3) The advisory committee shall meet at appropriate times 
and places at least twice a year, at the call of the Chairman 
or upon the request of the majority of its voting members, the 
United States Commissioners, the Secretary, or the Secretary of 
State.
  (4)(A) The Secretary shall provide to the advisory committee 
in a timely manner such administrative and technical support 
services as are necessary for the effective functioning of the 
committee.
  (B) The Secretary and the Secretary of State shall furnish 
the advisory committee with relevant information concerning 
fisheries and international fishery agreements.
  (5) The advisory committee shall determine its organization, 
and prescribe its practices and procedures for carrying out its 
functions under this Act, the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.), and the Convention. 
The advisory committee shall publish and make available to the 
public a statement of its organization, practices, and 
procedures.
  (6) The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the advisory committee.
          * * * * * * *

                             administration

  Sec. 6. (a) * * *
          * * * * * * *
  (c)(1) * * *
          * * * * * * *
  (3) The regulations required to be promulgated under 
paragraph (1) of this subsection may--
          (A) * * *
          * * * * * * *
          (K) impose such other requirements and provide for 
        such other measures as the Secretary may determine 
        necessary to implement any recommendation of the 
        Convention or to obtain scientific data necessary to 
        accomplish the purpose of the Convention;
except that no regulation promulgated under this section may 
have the effect of increasing or decreasing any allocation or 
quota of fish or fishery mortality level to the United States 
agreed to pursuant to a recommendation of the Commission.
  [(4) Upon the promulgation of regulations provided for in 
paragraph (3) of this subsection, the Secretary shall 
promulgate, with the concurrence of the Secretary of State and 
pursuant to the procedures prescribed in paragraph (2) of this 
subsection, additional regulations which shall become effective 
simultaneously with the application of the regulations provided 
for in paragraph (3) of this subsection, which prohibit--
          [(A) the entry into the United States of fish in any 
        form of those species which are subject to regulation 
        pursuant to a recommendation of the Commission and 
        which were taken from the Convention area in such 
        manner or in such circumstances as would tend to 
        diminish the effectiveness of the conservation 
        recommendations of the Commission; and
          [(B) the entry into the United States, from any 
        country when the vessels of such country are being used 
        in the conduct of fishing operations in the Convention 
        area in such manner or in such circumstances as would 
        tend to diminish the effectiveness of the conservation 
        recommendations of the Commission, of fish in any form 
        of those species which are subject to regulation 
        pursuant to a recommendation of the Commission and 
        which were taken from the Convention area.
  [(5) In the case of repeated and flagrant fishing operations 
in the Convention area by the vessels of any country which 
seriously threaten the achievement of the objectives of the 
Commission's recommendations, the Secretary with the 
concurrence of the Secretary of State, may by regulations 
promulgated pursuant to paragraph (2) of this subsection 
prohibit the entry in any form from such country of other 
species covered by the Convention as may be under investigation 
by the Commission and which were taken in the Convention area. 
Any such prohibition shall continue until the Secretary is 
satisfied that the condition warranting the prohibition no 
longer exists, except that all fish in any form of the species 
under regulation which were previously prohibited from entry 
shall continue to be prohibited from entry.]
          (4) Publication of list.--Not later than January 1, 
        1996, and annually thereafter, the Secretary, in 
        consultation with the Secretary of State, shall publish 
        a list of nations whose fishing vessels are fishing, or 
        have fished during the previous year, within the 
        Convention area in a manner that is inconsistent with 
        the objectives of a conservation or management 
        recommendation of the Commission.
          (5) Identification and notification.--As soon as 
        practicable after the date of the enactment of the 
        Atlantic Tunas Convention Act of 1995 and as 
        appropriate thereafter, the Secretary shall--
                  (A) identify those nations whose fishing 
                vessels are fishing within the Convention area 
                in a manner that is inconsistent with the 
                objectives of a conservation or management 
                recommendation of the Commission; and
                  (B) notify the President and the nation so 
                identified, including an explanation of the 
                reasons therefor.
          (6) Consultations.--Not later than 30 days after a 
        nation is notified under paragraph (5), the President 
        shall enter into consultations with the government of 
        that nation for the purpose of obtaining an agreement 
        that will--
                  (A) effect the immediate termination and 
                prevent the resumption of any fishing by 
                fishing vessels of that nation within the 
                Convention area that is inconsistent with the 
                objectives of a conservation or management 
                recommendation of the Commission; and
                  (B) when practicable, require the government 
                or fishing vessels of that nation to mitigate 
                the negative impacts of that fishing on the 
                effectiveness of a conservation or management 
                recommendation of the Commission including, but 
                not limited to, by imposing deductions for 
                quota overages in subsequent years.
          (7) Prohibition of imports of fish and fish 
        products.--
                  (A) If, within 90 days after entering into 
                consultations under paragraph (6), the 
                President finds that such consultations have 
                not concluded satisfactorily or are not likely 
                to conclude satisfactorily, the President 
                shall--
                          (i) direct the Secretary of the 
                        Treasury to prohibit the importation 
                        into the United States from the nation 
                        concerned of fish and fish products of 
                        those species which are subject to 
                        regulation pursuant to a recommendation 
                        of the Commission and which were 
                        harvested within the Convention area; 
                        and
                          (ii) upon the recommendation of the 
                        Secretary, direct the Secretary of the 
                        Treasury to prohibit the importation 
                        from the nation concerned of such other 
                        fish and fish products as may be 
                        necessary to carry out the purposes of 
                        this subsection.
                  (B) In making a recommendation under 
                subparagraph (A)(ii), the Secretary shall take 
                into consideration the severity of the impacts 
                of fishing by fishing vessels of the nation 
                concerned on the effectiveness of a 
                conservation or management recommendation of 
                the Commission.
          * * * * * * *

     violations; fines and forfeitures; application of related laws

  Sec. 7. (a) * * *
          * * * * * * *
  [(e)(1) Any person who--
          [(A) violates any provision of subsection (a) of this 
        section shall be assessed a civil penalty of not more 
        than $25,000, and for any subsequent violation of such 
        subsection (a) shall be assessed a civil penalty of not 
        more than $50,000;
          [(B) violates any provision of subsection (b) or (c) 
        of this section shall be assessed a civil penalty of 
        not more than $1,000, and for any subsequent violation 
        of such subsection (b) or (c) shall be assessed a civil 
        penalty of not more than $5,000; or
          [(C) violates any provision of subsection (d) of this 
        section shall be assessed a civil penalty of not more 
        than $100,000.
  [(2) The Secretary is responsible for the assessment of the 
civil penalties provided for in paragraph (1). The Secretary 
may remit or mitigate any civil penalty assessed by him under 
this subsection for good cause shown.
  [(3) No penalty shall be assessed under this subsection 
unless the person accused of committing any violation is given 
notice and opportunity for a hearing with respect to such 
violation.
  [(4) Upon any failure of any person to pay a penalty assessed 
under this subsection, the Secretary may request the Attorney 
General to institute a civil action in a district court of the 
United States for any district in which such person is found, 
resides, or transacts business to collect the penalty and such 
court shall have jurisdiction to hear and decide any such 
action.]
  (e) The civil penalty and permit sanctions of section 308 of 
the Magnuson Fishery Conservation and Management Act (16 U.S.C. 
1858) are hereby made applicable to violations of this section 
as if they were violations of section 307 of that Act.
          * * * * * * *

                    [authorization of appropriations

  [Sec. 10. There are authorized to be appropriated to carry 
out this Act, including use for payment of the United States 
share of the joint expenses of the Commission as provided in 
article X of the Convention, not more than $2,000,000 for each 
of the fiscal years 1989, 1990, 1991, 1992, and 1993.]
                    authorization of appropriations


  Sec. 10. There are authorized to be appropriated to carry out 
this Act, including use for payment of the United States share 
of the joint expenses of the Commission as provided in article 
X of the Convention, the following sums:
          (1) For fiscal year 1996, $2,750,000, of which 
        $50,000 are authorized in the aggregate for the 
        advisory committee established under section 4 and the 
        species working groups established under section 4A, 
        and $1,500,000 are authorized for research activities 
        under this Act.
          (2) For fiscal year 1997, $4,000,000 of which $62,000 
        are authorized in the aggregate for such advisory 
        committee and such working groups, and $2,500,000 are 
        authorized for such research activities.
          (3) For fiscal year 1998, $4,000,000, of which 
        $75,000 are authorized in the aggregate for such 
        advisory committee and such working groups, and 
        $2,500,000 are authorized for such research activities.
          * * * * * * *
                             annual report


  Sec. 12. Not later than April 1, 1996, and annually 
thereafter, the Secretary, in consultation with the Secretary 
of State and the advisory committee established under section 
4, shall prepare and transmit to the Committee on Resources of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report, that--
          (1) details for the previous 10-year period the 
        catches and exports to the United States of highly 
        migratory species (including tunas, swordfish, marlin, 
        and sharks) from nations fishing on Atlantic stocks of 
        such species that are subject to management by the 
        Commission;
          (2) describes the results of efforts by the United 
        States to negotiate with other nations whose fishing 
        vessels are fishing or have fished in the previous year 
        within the Convention area to establish reporting, 
        monitoring, and enforcement measures that are 
        comparable to those in effect for the United States 
        pursuant to the Convention;
          (3) describes reporting requirements established by 
        the Secretary to ensure that imported fish products are 
        in compliance with all international management 
        measures, including minimum size requirements, 
        established by the Commission and other international 
        fishery organizations to which the United States is a 
        party; and
          (4) describes actions taken by the Secretary under 
        sections 6 and 13.


                             certification


  Sec. 13. (a) After January 1, 1997, if the Secretary 
determines that any nation with which negotiations were held 
pursuant to section 12(2) has not established or is not likely 
to establish reporting, monitoring, and enforcement measures 
that are comparable to those in effect for the United States 
pursuant to the Convention, the Secretary shall certify that 
fact to the President and notify the nation of the 
certification.
  (b) Within 60 days after the date of receiving a 
certification under subsection (a) regarding a nation, the 
President shall direct the Secretary of the Treasury to limit 
the importation from the nation of fish and fish products of 
those species which are subject to a regulation pursuant to a 
recommendation of the Commission, to levels that are consistent 
with the applicable harvest or fishing mortality levels 
recommended by the Commission.


                        removal of prohibitions


  Sec. 14. If the President finds that the reasons for the 
imposition of any prohibition under section 6 or any limitation 
on importation under section 13 no longer prevail, the 
President shall direct the Secretary of the Treasury to 
promptly terminate such prohibition or limitation.


                            savings clauses


  Sec. 15. (a) Nothing in this Act shall have the effect of 
diminishing the rights and obligations of any nation under 
Article VIII(3) of the Convention.
  (b) Nothing in this Act shall have the effect of diminishing 
the rights and obligations of the United States as set forth in 
the General Agreement on Tariffs and Trade.