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



104th Congress                                            Rept. 104-109
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     Part 2
_______________________________________________________________________


 
                 ATLANTIC TUNAS CONVENTION ACT OF 1995

_______________________________________________________________________


 June 27, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


    Mr. Archer, from the Committee on Ways and Means, 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 Ways and Means, 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 amendments and recommend 
that the bill as amended do pass.
  The amendments (to the bill as reported by the Committee on 
Resources) are as follows:
  In section 4, strike paragraph (2) and insert the following:

          (2) by inserting the following after paragraph (5):
  ``(6) Identification and Notification.--Not later than 
January 1, 1996, and annually thereafter, the Secretary shall--
          ``(A) identify those nations whose fishing vessels 
        are fishing, or have fished during the preceding 
        calendar year, within the Convention area in a manner 
        that is inconsistent with the objectives of a 
        conservation or management recommendation of the 
        Commission;
          ``(B) notify the President and the nation so 
        identified, including an explanation of the reasons 
        therefor; and
          ``(C) publish a list of those nations identified 
        under subparagraph (A).
In identifying such nations, the Secretary shall consider, 
based on the best available information, whether such nations 
have measures in place for reporting, monitoring, and 
enforcement that are adequate and effective to meet the 
obligations of the Convention.
  ``(7) Consultation.--Not later than 30 days after a nation is 
notified under paragraph (6), the President may 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.''.

  In the matter proposed to be inserted by section 7--
          (1) in section 12 of the Atlantic Tunas Convention 
        Act of 1975--
                  (A) in paragraph (2), strike ``comparable to 
                those in effect for the United States pursuant 
                to'' and insert ``adequate and effective to 
                meet the obligations of''; and
                  (B) in paragraph (4), strike ``sections 6 and 
                13'' and insert ``section 6''; and
          (2) strike sections 13, 14, and 15 of the Atlantic 
        Tunas Convention Act of 1975 and insert the following:

                           ``savings clauses


  ``Sec. 13. (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 of the United States, or of requiring 
the United States to take any action that is inconsistent with 
United States obligations, under the Convention or under the 
Agreement Establishing the World Trade Organization entered 
into on April 15, 1994, and the agreements annexed to that 
Agreement that are set forth in section 101(d) of the Uruguay 
Round Agreements Act.''.
                            I. INTRODUCTION

                        A. Purposes and Summary

    H.R. 541, as amended by the Committee, revises the Atlantic 
Tunas Convention Act of 1975 (ATCA), legislation which 
authorizes U.S. participation in the International Convention 
for the Conservation of Atlantic Tunas (ICCAT). The 
legislation, as amended by the Committee, makes certain changes 
to the ATCA concerning identification and notification of 
countries violating the terms of an ICCAT recommendation.

                 B. Background and Need for Legislation

    H.R. 541, as amended by the Committee, revises the Atlantic 
Tunas Convention Act of 1975. In 1966, the International 
Convention for the Conservation of Atlantic Tunas (ICCAT) was 
established, and the United States Senate ratified ICCAT in 
1967. The Atlantic Tunas Convention Act (ATCA), which 
authorizes U.S. involvement in ICCAT, was enacted in 1975. ATCA 
authorizes the Secretary of Commerce to administer and enforce 
ICCAT and ATCA, including the promulgation of regulations to 
establish open and closed seasons, fish size requirements and 
catch limitations, incidental catch restrictions, and observer 
coverage. In addition, the Secretary is authorized 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.
    H.R. 541, as amended by the Committee, makes certain 
changes to the ATCA concerning the identification and 
notification of countries violating the terms of ICCAT 
recommendation. Specifically, the legislation would make no 
change to current law's authorities to restrict imports of fish 
if fished in a manner that tends to diminish the effectiveness 
of a recommendation by the ICCAT, instead of imposing 
additional, and in some cases mandatory, standards. The 
legislation would add provisions requiring Commerce to 
identify, notify, and publish a list of countries whose fishing 
vessels are fishing or have fished during the previous year in 
the Convention area in a manner inconsistent with the 
objectives of an ICCAT recommendation. In addition, it provides 
that the President may enter into consultations with identified 
nations. The purpose of these amendments is to lead to the 
development of an international consensus concerning 
multilateral management of Atlantic tunas, instead of expanding 
the circumstances under which unilateral sanctions are 
authorized.

                         C. Legislative History

    H.R. 541 was introduced on January 17, 1995, by Congressman 
Jim Saxton. The bill was referred to the Committee on 
Resources. On April 5, 1995, the Committee on Resources 
reported H.R. 541 favorably, with amendments. See H. Rep. 104-
109 (Part 1) for a detailed description of action by the 
Committee on Resources.
    On May 1, 1995, H.R. 541, as amended by the Committee on 
Resources, was referred to the Committee on Ways and Means 
sequentially, for a period ending not later than June 30, 1995.
    On June 14, 1995, the Subcommittee on Trade of the 
Committee on Ways and Means met to consider H.R. 541. At that 
time, Chairman Crane offered an amendment concerning those 
provisions of H.R. 541 within the jurisdiction of the 
Committee. No other amendments were offered, and the bill, as 
amended, was ordered favorably reported to the Full Committee 
by voice vote, in the presence of a quorum.
    On June 20, 1995, the Committee on Ways and Means met to 
consider H.R. 541, as amended by the Subcommittee. The 
Committee ordered the bill to be favorably reported without 
further amendment by voice vote, in the presence of a quorum.

II. SECTION-BY-SECTION SUMMARY OF THE PROVISIONS IN THE JURISDICTION OF 
  THE COMMITTEE ON WAYS AND MEANS, JUSTIFICATION, AND COMPARISON WITH 
                              PRESENT LAW

          section 4. regulations and enforcement of convention

Present law

    Section 4 of the Atlantic Tunas Convention Act of 1975 (19 
U.S.C. Sec. 971d(c)(4)) provides that the Secretary of Commerce 
shall prohibit imports of fish of species subject to an 
International Convention for the Conservation of Atlantic Tunas 
(ICCAT) recommendation under two circumstances: first, they 
have been taken from the Convention area in a manner that tends 
to diminish the effectiveness of the ICCAT recommendation; or, 
second, a country's vessels are used in fishing operations in 
the Convention area in a manner that tends to diminish the 
effectiveness of the ICCAT recommendation. Section 5 (19 U.S.C. 
Sec. 971d(c)(5)) provides that in the case of repeated and 
flagrant fishing operations that seriously threaten achievement 
of the objectives of an ICCAT recommendation, Commerce may 
prohibit imports of fish from other species covered by ICCAT. 
Present law contains no provisions for identification or 
notification of, or consultation with, countries potentially in 
violation of an ICCAT recommendation.
Explanation of provision

    H.R. 541, as amended by the Committee, does not modify 
sections 4 and 5 of the Atlantic Tunas Convention Act. However, 
section 4(2) of the legislation amends the Atlantic Tunas 
Convention Act by adding section 6, to require the Secretary of 
Commerce, beginning January 1, 1996 and annually thereafter, to 
identify, notify, and publish a list of those nations whose 
fishing vessels are fishing, or have fished during the previous 
year, in the Convention area in a manner that is inconsistent 
with the objectives of an ICCAT recommendation. In addition, 
the legislation would add a provision requiring consideration, 
during the identification process, of whether nations have 
measures for reporting, monitoring, and enforcement that are 
adequate and effective to meet the obligations of the 
Convention. Finally, section 4(2) would add a section 7 to the 
Act, to provide that, not later than thirty days after a 
country is notified under the previous section, the President 
may enter into consultations with that country. The purpose of 
the consultations is to effect the immediate termination and 
prevent the resumption of fishing that is inconsistent with an 
ICCAT recommendation and, where practicable, to require the 
government of fishing vessels of that country to mitigate the 
negative impacts of that fishing.

Reason for change

    H.R. 541, as reported by the Committee on Resources, would 
have deleted provisions permitting sanctions under current law 
and instead provided for some mandatory sanctions and would 
have required the President to undertake consultations with 
countries identified under the Act. However, it is the view of 
the Committee that current law provides ample authority for the 
President to take action against countries violating ICCAT 
principles and objectives, and it is unnecessary to expand this 
authority further. The Committee recognizes that enforcement 
actions are often the most effective when they are based on 
international consensus, and that such consensus would be more 
constructive to effective management of Atlantic tunas by all 
countries concerned. The Committee thus expects the Secretary 
to use this authority, wherever possible in accordance with 
multilaterally agreed decisions taken by ICCAT and to work 
within ICCAT and other institutions to achieve multilateral 
consensus on appropriate enforcement mechanisms. The Committee 
anticipates that eventually, the United States could move away 
from unilateral enforcement entirely.
    To assist in the furtherance of multilateral efforts, the 
amendments require the Secretary to identify nations whose 
fishing vessels are fishing or have fished during the previous 
year in a manner inconsistent with the objectives of an ICCAT 
recommendation. These amendments do not affect the current 
sanction authority of the President but are intended to 
authorize the Secretary to gather information primarily for the 
purpose of assisting the ICCAT Commission in its 
determinations.
    Finally, the Committee believes that oversight concerning 
the reporting, monitoring, and enforcement measures of other 
countries will be more effective if those countries are held to 
an international standard rather than the standard of whether 
they are comparable to the U.S. measures.

                  section 7. report and certification

Present law

    The Atlantic Tunas Convention Act of 1975 contains no 
provisions concerning countries that do not report, monitor, or 
enforce an ICCAT determination. In addition, present law does 
not contain a savings clause relating the Act to rights and 
obligations under the Convention or other international 
agreements.

Explanation of provision

    Section 7 of H.R. 541, as amended by the Committee, amends 
ATCA by adding section 12, to require the Secretary of Commerce 
to submit a report to the Committee on Resources of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate that, among other things, 
describes the results of efforts by the United States to 
negotiate with other nations to establish reporting, 
monitoring, and enforcement measures that are adequate and 
effective to meet the obligations of ICCAT.
    In addition, section 7 of H.R. 541, as amended, revises 
ATCA by adding section 13, to provide that no ATCA provision 
shall have the effect of diminishing the rights and obligations 
of any nation under ICCAT. In addition, section 7 provides that 
no ATCA provision shall have the effect of diminishing the 
rights of the United States, or of requiring the United States 
to take any action that is inconsistent with U.S. obligations 
under ICCAT or the Agreement Establishing the World Trade 
Organization and the agreements annexed to that Agreement.

Reason for change

    H.R. 541 as reported by the Committee on Resources requires 
the Secretary of Commerce to certify to the President whether 
any countries have not established or are not likely to 
establish reporting, monitoring, and enforcement measures 
comparable to those in effect for the United States. In 
addition, H.R. 541 as reported by that Committee requires the 
President, within sixty days of such a certification, to limit 
the importation of fish to levels consistent with the quota 
levels established by the Commission. H.R. 541, as amended by 
the Committee, strikes those provisions and instead includes as 
a condition for certification under the new section 6 of the 
Act whether a signatory has measures that are adequate and 
effective to meet the obligations of the Convention. It is the 
view of the Committee that it is not appropriate to hold ICCAT 
signatories to a standard in which their measures must be 
comparable to those of the United States. Instead, it is 
appropriate to consider only whether those signatories are 
complying with international standards developed through the 
ICCAT. The change made by section 7 of H.R. 541, as amended, to 
section 12 of the Act is a conforming change concerning this 
international standard.
    Concerning the savings clause, it is the view of the 
Committee that the United States should not be required to take 
action under the Act in a manner that is inconsistent with its 
international obligations under either the Convention or trade 
agreements.
            III. VOTE ON THE COMMITTEE IN REPORTING THE BILL

    In compliance with clause 2(l)(2)(B) of rule XI of the 
Rules of the House of Representatives, the following statement 
is made relative to the vote of the Committee in reporting the 
bill: On June 20, 1995, H.R. 541, as amended, was ordered 
reported with amendments by voice vote, with a quorum present.

IV. BUDGETARY AUTHORITY AND COST ESTIMATES, INCLUDING ESTIMATES OF THE 
                      CONGRESSIONAL BUDGET OFFICE

               A. Committee Estimate of Budgetary Effect

    In compliance with clause 7(a) of rule XIII of the Rules of 
the House of Representatives, the following statement is made: 
The Committee agrees with the estimate prepared by the 
Congressional Budget Office (CBO) which is included below.

    B. Statement Regarding New Budget Authority and Tax Expenditures

    In compliance with clause 2(l)(3)(B) of rule XI of the 
Rules of the House of Representatives, the Committee states 
that the bill does not provide new budget, spending, or credit 
authority or an increase or decrease in revenues or tax 
authority.

      C. Cost Estimate Prepared by the Congressional Budget Office

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives requiring a cost estimate 
prepared by the Congressional Budget Office, the following 
report prepared by CBO is provided.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington DC, June 23, 1995.
Hon. Bill Archer,
Chairman, Committee on Ways and Means,
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 H.R. 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).
    Enclosure.

               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 by the House Committee on Ways 
and Means on June 20, 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 1996 and $4 
million each year for fiscal years 1997 and 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 (ICCAT) 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 by imposing deductions for quota averages in 
subsequent years or by other means.
    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 1996 and $4 
million each year for fiscal years 1997 and 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.

------------------------------------------------------------------------
                      1996       1997       1998       1999       2000  
------------------------------------------------------------------------
Spending subject                                                        
 to                                                                     
 appropriations                                                         
 action:                                                                
    Authorization                                                       
     s of                                                               
     appropriatio                                                       
     ns..........        2.8        4.0        4.0  .........  .........
    Estimated                                                           
     outlays.....        1.7        3.1        3.7        1.5        0.5
Direct spending:                                                        
    Estimated                                                           
     budget                                                             
     authority...      (\1\)      (\1\)      (\1\)      (\1\)      (\1\)
    Estimated                                                           
     outlays.....      (\1\)      (\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.
    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.

------------------------------------------------------------------------
                                            1996       1997       1998  
------------------------------------------------------------------------
Change in outlays......................          0          0          0
Change in receipts.....................          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, as ordered 
reported by the Senate Committee on Commerce, Science, and 
Transportation on March 28, 1995. H.R. 541 corresponds closely 
to Title III of S. 267, with the addition of identification, 
notification, and consultation language regarding nations whose 
fishing vessels have fished in ICCAT-designated areas.
    On April 13, 1995, CBO prepared a cost estimate for H.R. 
541, as ordered reported by the House Committee on Resources. 
Although similar to S. 267, H.R. 541 included import 
prohibition and limitation provisions on bluefin tuna and other 
species that would not have increased costs significantly to 
the federal government.
    10. Estimate prepared by: Rachel Robertson and Melissa 
Sampson.
    11. Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

 V. OTHER MATTERS REQUIRED TO BE DISCUSSED UNDER THE RULES OF THE HOUSE

          A. Committee Oversight Findings and Recommendations

    With respect to subdivision (A) of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives (relating to 
oversight findings), the Committee advises that it was as a 
result of the Committee's oversight activities concerning 
customs and tariff matters, import trade matters, and specific 
trade-related problems that the Committee concluded that it was 
appropriate to enact the provisions contained in the bill.

    B. Summary of Findings and Recommendations of the Committee on 
                    Government Reform and Oversight

    With respect to subdivision (D) of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives (relating to 
oversight findings), the Committee advises that no oversight 
findings or recommendations have been submitted to this 
Committee by the Committee on Government Reform and Oversight 
with respect to the provisions contained in this bill.

                    C. Inflationary Impact Statement

    In compliance with clause 2(l)(4) of rule XI of the Rules 
of the House of Representatives, the Committee states that the 
provisions of the bill are not expected to have an overall 
inflationary impact on prices and costs in the operation of the 
national economy.

       VI. 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.
          * * * * * * *
  (6) Identification and Notification.--Not later than January 
1, 1996, and annually thereafter, the Secretary shall--
          (A) identify those nations whose fishing vessels are 
        fishing, or have fished during the preceding calendar 
        year, within the Convention area in a manner that is 
        inconsistent with the objectives of a conservation or 
        management recommendation of the Commission;
          (B) notify the President and the nation so 
        identified, including an explanation of the reasons 
        therefor; and
          (C) publish a list of those nations identified under 
        subparagraph (A).
In identifying such nations, the Secretary shall consider, 
based on the best available information, whether such nations 
have measures in place for reporting, monitoring, and 
enforcement that are adequate and effective to meet the 
obligations of the Convention.
  (7) Consultation.--Not later than 30 days after a nation is 
notified under paragraph (6), the President may 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.
          * * * * * * *
     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 adequate 
        and effective to meet the obligations of 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 
        section 6.


                            savings clauses


  Sec. 13. (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 of the United States, or of requiring the United 
States to take any action that is inconsistent with United 
States obligations, under the Convention or under the Agreement 
Establishing the World Trade Organization entered into on April 
15, 1994, and the agreements annexed to that Agreement that are 
set forth in section 101(d) of the Uruguay Round Agreements 
Act.