[House Report 105-613]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-613
_______________________________________________________________________


 
   GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH REPUBLIC OF LATVIA

_______________________________________________________________________


 July 14, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and 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. 3460]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3460) to approve a governing international fishery 
agreement between the United States and the Republic of Latvia, 
and for other purposes, 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. GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH LATVIA.

  Notwithstanding section 203 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1823), the governing 
international fishery agreement between the Government of the United 
States of America and the Government of the Republic of Latvia, as 
contained in the message to Congress from the President of the United 
States dated February 3, 1998, is approved as a governing international 
fishery agreement for the purposes of such Act and shall enter into 
force and effect with respect to the United States on the date of 
enactment of this Act.

SEC. 2. REAUTHORIZATION OF THE NORTHWEST ATLANTIC FISHERIES CONVENTION 
                    ACT OF 1995.

  (a) Reauthorization.--Section 211 of the Northwest Atlantic Fisheries 
Convention Act of 1995 (16 U.S.C. 5610) is amended by striking ``for 
each of '' and all that follows through the end of the sentence and 
inserting ``for each fiscal year through fiscal year 2001.''.
  (b) Miscellaneous Technical Amendments.--The Northwest Atlantic 
Fisheries Convention Act of 1995 is further amended--
          (1) in section 207(e) (16 U.S.C. 5606(e)), by striking 
        ``sections'' and inserting ``section'';
          (2) in section 209(c) (16 U.S.C. 5608(c)), by striking 
        ``chapter 17'' and inserting ``chapter 171''; and
          (3) in section 210(6) (16 U.S.C. 5609(6)), by striking ``the 
        Magnuson Fishery'' and inserting ``the Magnuson-Stevens 
        Fishery''.
  (c) Report Requirement.--The Northwest Atlantic Fisheries Convention 
Act of 1995 (16 U.S.C. 201 et seq.) is further amended by adding at the 
end the following:

``SEC. 212. ANNUAL REPORT.

  ``The Secretary shall annually report to the Congress on the 
activities of the Fisheries Commission, the General Council, the 
Scientific Council, and the consultative committee established under 
section 208.''.
  (d) North Atlantic Fisheries Organization Quota Allocation 
Practice.--The Northwest Atlantic Fisheries Convention Act of 1995 (16 
U.S.C. 201 et seq.) is further amended by adding at the end the 
following:

``SEC. 213. QUOTA ALLOCATION PRACTICE.

  ``(a) In General.--The Secretary of Commerce, acting through the 
Secretary of State, shall promptly seek to establish a new practice for 
allocating quotas under the Convention that--
          ``(1) is predictable and transparent;
          ``(2) provides fishing opportunities for all members of the 
        Organization; and
          ``(3) is consistent with the Straddling Fish Stocks 
        Agreement.
  ``(b) Report.--The Secretary of Commerce shall include in annual 
reports under section 212--
          ``(1) a description of the results of negotiations held 
        pursuant to subsection (a);
          ``(2) an identification of barriers to achieving such a new 
        allocation practice; and
          ``(3) recommendations for any further legislation that is 
        necessary to achieve such a new practice.
  ``(c) Definition.--In this section the term `Straddling Fish Stocks 
Agreement' means the United Nations Agreement for the Implementation of 
the Provisions of the United Nations Convention on the Law of the Sea 
of 10 December 1982 Relating to the Conservation and Management of 
Straddling Fish Stocks and Highly Migratory Fish Stocks.''.

SEC. 3. REAUTHORIZATION OF THE ATLANTIC TUNAS CONVENTION ACT OF 1975.

  (a) Reauthorization.--Section 10(4) of the Atlantic Tunas Convention 
Act of 1975 (16 U.S.C. 971h(4)) is amended by striking ``For fiscal 
year 1998,'' and inserting ``For each of fiscal years 1998, 1999, 2000, 
and 2001,''.
  (b) Miscellaneous Technical Amendments.--(1) The Atlantic Tunas 
Convention Act of 1975 is further amended--
          (A) in section 2 (16 U.S.C. 971), by redesignating the second 
        paragraph (4) as paragraph (5);
          (B) in section 5(b) (16 U.S.C. 971c(b)), by striking 
        ``fisheries zone'' and inserting ``exclusive economic zone'';
          (C) in section 6(c)(6) (16 U.S.C. 971d(c)(6))--
                  (i) by designating the last sentence as subparagraph 
                (B), and by indenting the first line thereof; and
                  (ii) in subparagraph (A)(iii), by striking 
                ``subparagraph (A)'' and inserting ``clause (i)'';
          (D) by redesignating the first section 11 (16 U.S.C. 971 
        note) as section 13, and moving that section so as to appear 
        after section 12 of that Act;
          (E) by amending the style of the heading and designation for 
        each of sections 11 and 12 so as to conform to the style of the 
        headings and designations of the other sections of that Act; 
        and
          (F) by striking ``Magnuson Fishery'' each place it appears 
        and inserting ``Magnuson-Stevens Fishery''.
  (2) Section 3(b)(3)(B) of the Act of September 4, 1980 (Public Law 
96-339; 16 U.S.C. 971i(b)(3)(B)), is amended by inserting ``of 1975'' 
after ``Act''.

                          Purpose of the Bill

    The purpose of H.R. 3460 is to approve a governing 
international fishery agreement between the United States and 
the Republic of Latvia, and for other purposes.

                  Background and Need for Legislation

Governing International Fishery Agreements

    In 1976, Congress enacted the Fishery Conservation and 
Management Act (Public Law 94-265) to manage and conserve the 
fisheries in the 200 mile U.S. Exclusive Economic Zone (EEZ). 
The Act was later renamed the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).
    Under title II of the Magnuson-Stevens Act, foreign fishing 
vessels may not operate in the U.S. EEZ unless they are 
registered in a country that has signed a Governing 
International Fishery Agreement (GIFA) with the United States. 
These agreements require the foreign nations and vessels to 
comply with all U.S. laws governing the conservation and 
management of living marine resources. In return, foreign 
fishermen may receive an allocation of any excess fish that the 
U.S. government determines is available in the fishery. This 
determination is made on an annual basis.
    There are a number of GIFAs in effect, including ones with 
Estonia, Lithuania, the Russian Federation, the People's 
Republic of China and South Korea.
    While there is currently no foreign fishing occurring in 
federal waters, these agreements could allow both countries to 
expand business opportunities and to improve the management of 
various fish stocks if the U.S. decides that there is a surplus 
in the fishery and U.S. harvesting capacity is inadequate to 
harvest the available quota.
    At this time, the Administration has requested that 
Congress renew the GIFA with the Republic of Latvia. This 
agreement would last until December 31, 1999, and would become 
effective upon the approval of Congress or before the close of 
the first 120 calendar days after the President transmits the 
agreement, which ever comes first (Section 203 of the Magnuson-
Stevens Act).
    For the last several years, there has been little, if any, 
excess fish available. However, these agreements remain 
important building blocks in our long-term bilateral 
relationships with other countries.

Atlantic Tunas Convention Act of 1975

    The Atlantic Tunas Convention Act (ATCA) is the 
implementing legislation for the International Convention for 
the Conservation of Atlantic Tunas (ICCAT), an international 
treaty for the conservation and management of highly migratory 
tuna and tuna-like species of the Atlantic Ocean, Gulf of 
Mexico and Mediterranean Sea. 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 EEZs 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, ICCAT sought 
to establish uniform, international regulations for these 
commercially valuable, but quickly declining living marine 
resources.
    The multilateral treaty was originally negotiated in 1966. 
To date, 22 countries, including the United States, Japan, 
Canada, and Spain, are signatories to ICCAT. Although the 
Senate ratified ICCAT in 1967, nine years passed before 
enactment of the Atlantic Tunas Convention Act. ATCA has been 
amended several times, most recently in 1995.
    ATCA delineates the involvement of the United States in 
ICCAT. It establishes such necessary procedures as the 
selection of the U.S. delegates to the ICCAT Commission, the 
U.S. Advisory Committee and Species Working Groups. The 
Secretary of Commerce is authorized to administer and enforce 
all provisions of ICCAT and ATCA, and may adopt 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 details civil penalties, enforcement 
provisions and authorization of appropriations.

Northwest Atlantic Fisheries Convention Act of 1995

    The Northwest Atlantic Fisheries Convention Act is the 
implementing legislation for the Convention on Future 
Multilateral Cooperation in the Northwest Atlantic Fisheries 
(Convention). The Northwest Atlantic Fisheries Organization 
(NAFO) was established in 1979 under the terms of the 
Convention. While the U.S. participated in the NAFO 
negotiations, signed the original Convention, and the Senate 
gave its advice and consent in 1983, the U.S. had not acceded 
to the Convention, pending the adoption of implementing 
legislation. It wasn't until 1995 that implementing legislation 
was passed and at the 1996 meeting the U.S. participated as a 
contracting party. Currently, there are 17 contracting parties 
participating in NAFO, including the U.S., Japan, Russia, 
Canada, the European Union and Norway.
    The Convention Area extends in the northwest Atlantic Ocean 
from North Carolina to Baffin Bay, Canada. Within the 
Convention Area, but outside the EEZs of northwest Atlantic 
coastal states, is an area designated as the NAFO Regulatory 
Area. NAFO has established and maintained conservation and 
management measures in the Regulatory Area since 1979. Measures 
taken include total allowable catches and member nation quotas, 
by species; data recording and reporting requirements; minimum 
size limitations; mesh size restrictions; chafing gear 
requirements; and notification, registration and hailing 
requirements for fishing vessels operating in the Regulatory 
Area.
    The species of fish in the NAFO Regulatory Area include 
cod, yellowtail flounder, American plaice, witch flounder, 
capelin, redfish, Greenland halibut, squid and shrimp. Most 
species have no directed fishing. However, in 1996, the U.S. 
received its first allocation of redfish and squid for the 1997 
fishing season.

                            Committee Action

    H.R. 3460 was introduced on March 12, 1998, by Congressman 
Jim Saxton (R-NJ). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Fisheries Conservation, Wildlife and Oceans. On May 19, 1998, 
the Subcommittee held a hearing on H.R. 3460, where the 
Departments of Commerce and State, along with NAFO 
Commissioner, Jeff Pike, all testified in support of the bill. 
On June 4, 1998, the Subcommittee met to mark up H.R. 3460. No 
amendments were offered. The bill was then ordered favorably 
reported to the Full Committee by voice vote. On June 17, 1998, 
the Full Resources Committee met to consider H.R. 3460. An 
amendment to authorize an annual report to Congress and to 
require the Secretary of Commerce working through the Secretary 
of State to seek fishing opportunities for U.S. fishermen was 
offered by Congressman William Delahunt (D-MA) and adopted by 
voice vote. The bill, as amended, was then ordered favorably 
reported to the House of Representatives by voice vote.

                      Section-by-Section Analysis

    Section 1. Governing International Fishery Agreement with Latvia

    Section 1 approves the governing international fishery 
agreement between the United States and the Republic of Latvia. 
The agreement would come into force on the date of enactment of 
this Act.

    Section 2. Reauthorization of the Northwest Atlantic Fisheries 
                         Convention Act of 1995

    Section 2(a) reauthorizes the Northwest Atlantic Fisheries 
Convention Act of 1995 by extending its authorized funding 
through fiscal year 2001.
    Section 2(b) makes technical amendments to the Northwest 
Atlantic Fisheries Convention Act.
    Section 2(c) adds a new section to the Northwest Atlantic 
Fisheries Convention Act. New Section 212 requires an annual 
report to Congress on the activities of the Fisheries 
Commission, the General Council, the Scientific Council, and 
the consultative committee established under section 208 of the 
Act. In addition, the report will contain a description of the 
results of the U.S. delegations pursuit to acquire quota for 
U.S. fishermen as required under Section 213.
    Section 2(d) adds another section to the Northwest Atlantic 
Fisheries Convention Act. New Section 213 requires the 
Secretary of Commerce, acting through the Secretary of State, 
to negotiate with NAFO an allocation system where quota in the 
NAFO Regulatory Area is allocated to new members.

Section 3. Reauthorization of the Atlantic Tunas Convention Act of 1975

    Section 3(a) reauthorizes the Atlantic Tunas Convention Act 
of 1975 by extending its authorized funding through 2001.
    Section 3(b) makes technical amendments to the Atlantic 
Tunas Convention Act.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of 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 on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 3460.

                        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. 3460. 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 requirement 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. 
3460 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, 
enactment of H.R. 3460 will increase offsetting receipts by 
less than $2000 a year.
    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. 3460.
    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. 
3460 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 6, 1998.
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. 3460, a bill to 
approve a governing international fishery agreement between the 
United States and the Republic of Latvia, and for other 
purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Gary Brown 
and Victoria Heid.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

H.R. 3460--A bill to approve a governing international fishery 
        agreement between the United States and the Republic of Latvia, 
        and for other purposes

    Summary: H.R. 3460 would approve a fishing agreement 
between the United States and Latvia. The bill also would 
authorize the appropriation of $6 million a year through 2001 
to the Department of State and the Department of Commerce for 
implementing the Northwest Atlantic Fisheries Convention Act of 
1995 and the Atlantic Tunas Convention Act of 1975.
    CBO estimates that implementing H.R. 3460 would result in 
new spending of $18 million over the 1998-2003 period, assuming 
the appropriation of the authorized amounts. Enacting the bill 
also would affect direct spending by increasing offsetting 
receipts; therefore, pay-as-you-go procedures would apply. CBO 
estimates that the amounts of new offsetting receipts would be 
negligible. The bill contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA) and would not affect the budgets of state, local, or 
tribal governments.
    The agreement with Latvia specifies the terms under which 
up to five Latvian vessels that process fish may operate within 
the exclusive economic zone of the United States. The Northwest 
Atlantic Fisheries Convention Act and the Atlantic Tunas 
Convention Act authorize United States participation in 
regional fishery conservation organizations.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3460 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal years, in millions of dollars--  
                                                                 -----------------------------------------------
                                                                   1998    1999    2000    2001    2002    2003 
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
                                                                                                                
Spending Under Current Law:                                                                                     
    Budget Authority \1\........................................       6       0       0       0       0       0
    Estimated Outlays...........................................       6       2       1       0       0       0
Proposed Changes:                                                                                               
    Authorization Level.........................................       0       6       6       6       0       0
    Estimated Outlays...........................................       0       4       5       6       2       1
Spending Under H.R. 3460:                                                                                       
    Authorization Level \1\.....................................       6       6       6       6       0       0
    Estimated Outlays...........................................       6       6       6       6       2      1 
----------------------------------------------------------------------------------------------------------------
\1\ The 1998 level is the amount authorized and appropriated for that year for implementing the Northwest       
  Atlantic Fisheries Convention Act of 1995 and the Atlantic Tunas Convention Act of 1975.                      

    Basis of estimate: For purposes of this estimate, CBO 
assumes that H.R. 3460 will be enacted by the beginning of 
fiscal year 1999 and that the authorized amounts will be 
appropriated for each year. Estimated outlays are based on 
historical spending patterns for the authorized programs.
    The Latvian government would be responsible for submitting 
an application and an application fee of $354 on behalf of each 
vessel that proposes to operate within the United States 
exclusive economic zone. Fees would be deposited in the 
Treasury, and any permits issued would be valid for up to a 
year. The agreement with Latvia would be in effect for two 
years.
    Pay-as-you-go considerations: Section 252 of the Balanced 
Budget and Emergency Deficit Control Act sets up pay-as-you-go 
procedures for legislation affecting direct spending or 
receipts. CBO estimates that enacting H.R. 3460 would affect 
direct spending by increasing offsetting receipts but that the 
amounts involved would be negligible--less than $2,000 a year. 
Enacting the legislation would not affect governmental 
receipts.
    Intergovernmental and private-sector impact: H.R. 3460 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Gary Brown and Victoria Heid.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 3460 contains no unfunded mandates.

         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):

          NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995

     TITLE II--IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL 
            COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES

SEC. 201. SHORT TITLE.

  This title may be cited as the ``Northwest Atlantic Fisheries 
Convention Act of 1995''.

           *       *       *       *       *       *       *


SEC. 207. PROHIBITED ACTS AND PENALTIES.

  (a) * * *

           *       *       *       *       *       *       *

  (e) Enforcement.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating shall enforce 
the provisions of this title and shall have the authority 
specified in [sections] section 311(a), (b)(1), and (c) of the 
Magnuson Act (16 U.S.C. 1861 (a), (b)(1), and (c)) for that 
purpose.

           *       *       *       *       *       *       *


SEC. 209. ADMINISTRATIVE MATTERS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Status as Federal Employees.--A person shall not be 
considered to be a Federal employee by reason of any service of 
the person in a capacity described in subsection (a), except 
for purposes of injury compensation and tort claims liability 
under chapter 81 of title 5, United States Code, and chapter 
[17] 171 of title 28, United States Code, respectively.

SEC. 210. DEFINITIONS.

  In this title the following definitions apply:
          (1) * * *

           *       *       *       *       *       *       *

          (6) Magnuson act.--The term ``Magnuson Act'' means 
        [the Magnuson Fishery] the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et 
        seq.).

           *       *       *       *       *       *       *


SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this 
title, including use for payment as the United States 
contribution to the Organization as provided in Article XVI of 
the Convention, $500,000 [for each of the fiscal years 1995, 
1996, 1997, and 1998.] for each fiscal year through fiscal year 
2001.

SEC. 212. ANNUAL REPORT.

  The Secretary shall annually report to the Congress on the 
activities of the Fisheries Commission, the General Council, 
the Scientific Council, and the consultative committee 
established under section 208.

SEC. 213. QUOTA ALLOCATION PRACTICE.

  (a) In General.--The Secretary of Commerce, acting through 
the Secretary of State, shall promptly seek to establish a new 
practice for allocating quotas under the Convention that--
          (1) is predictable and transparent;
          (2) provides fishing opportunities for all members of 
        the Organization; and
          (3) is consistent with the Straddling Fish Stocks 
        Agreement.
  (b) Report.--The Secretary of Commerce shall include in 
annual reports under section 212--
          (1) a description of the results of negotiations held 
        pursuant to subsection (a);
          (2) an identification of barriers to achieving such a 
        new allocation practice; and
          (3) recommendations for any further legislation that 
        is necessary to achieve such a new practice.
  (c) Definition.--In this section the term ``Straddling Fish 
Stocks Agreement'' means the United Nations Agreement for the 
Implementation of the Provisions of the United Nations 
Convention on the Law of the Sea of 10 December 1982 Relating 
to the Conservation and Management of Straddling Fish Stocks 
and Highly Migratory Fish Stocks.

           *       *       *       *       *       *       *

                              ----------                              


                 ATLANTIC TUNAS CONVENTION ACT OF 1975



           *       *       *       *       *       *       *
                               definition

  Sec. 2. For the purpose of this Act--
          (1) * * *

           *       *       *       *       *       *       *

          [(4)] (5) The term ``exclusive economic zone'' means 
        an exclusive economic zone as defined in section 3 of 
        the [Magnuson Fishery] Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1802).

           *       *       *       *       *       *       *


                           advisory committee

  Sec. 4. (a) * * *
  (b)(1) * * *

           *       *       *       *       *       *       *

  (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] Magnuson-
Stevens 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.

           *       *       *       *       *       *       *


            secretary of state to act for the united states

  Sec. 5. (a) * * *
  (b) The Secretary of State, in consultation with the 
Secretary and the Secretary of the department in which the 
Coast Guard is operating, is authorized to enter into 
agreements with any contracting party, pursuant to paragraph 3 
of article IX of the Convention, relating to cooperative 
enforcement of the provisions of the Convention, 
recommendations in force for the United States and such party 
or parties under the Convention, and regulations adopted by the 
United States and such contracting party or parties pursuant to 
recommendations of the Commission. Such agreements may 
authorize personnel of the United States to enforce measures 
under the Convention and under regulations of another party 
with respect to persons under that party's jurisdiction, and 
may authorize personnel of another party to enforce measures 
under the Convention and under United States regulations with 
respect to persons subject to the jurisdiction of the United 
States. Enforcement under such an agreement may not take place 
within the territorial seas or [fisheries zone] exclusive 
economic zone of the United States. Such agreements shall not 
subject persons or vessels under the jurisdiction of the United 
States to prosecution or assessment of penalties by any court 
or tribunal of a foreign country.

                             administration

  Sec. 6. (a) * * *

           *       *       *       *       *       *       *

  (c)(1)(A) * * *

           *       *       *       *       *       *       *

  (C) Regulations promulgated under this paragraph shall, to 
the extent practicable, be consistent with fishery management 
plans prepared and implemented under the [Magnuson Fishery] 
Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.).

           *       *       *       *       *       *       *

          (6)  Identification and notification.--
                  (A) Not later than July 1, 1996, and annually 
                thereafter, the Secretary, in consultation with 
                the Secretary ofState, the Commissioners, and 
the advisory committee, shall--
                          (i) identify those nations whose 
                        fishing vessels are fishing, or have 
                        fished during the preceding calendar 
                        year, within the convention area in a 
                        manner or under circumstances that 
                        diminish the effectiveness of a 
                        conservation recommendation;
                          (ii) notify the President and the 
                        nation so identified, including an 
                        explanation of the reasons therefor; 
                        and
                          (iii) publish a list of those Nations 
                        identified under [subparagraph (A)] 
                        clause (i).
                  (B) In identifying those Nations, the 
                Secretary shall consider, based on the best 
                available information, whether those Nations 
                have measures in place for reporting, 
                monitoring, and enforcement, and whether those 
                measures diminish the effectiveness of any 
                conservation recommendation.

           *       *       *       *       *       *       *

  (d)(1) It is the sense of the Congress that the Secretary, in 
consultation with the Secretary of State, should seek support 
for a recommendation by the Commission to ban large-scale 
driftnet fishing (as that term is defined in section 3(16) of 
the [Magnuson Fishery] Magnuson-Stevens Fishery Conservation 
and Management Act) in the Convention area.

           *       *       *       *       *       *       *


     violations; fines and forfeitures; application of related laws

  Sec. 7. (a) * * *

           *       *       *       *       *       *       *

  (e) The civil penalty and permit sanctions of section 308 of 
the [Magnuson Fishery] Magnuson-Stevens 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, the following sums:
          (1) * * *

           *       *       *       *       *       *       *

          (4) [For fiscal year 1998,] For each of fiscal years 
        1998, 1999, 2000, and 2001, $5,465,000 of which $75,000 
        are authorized in the aggregate for such advisory 
        committee and such working groups, and $4,240,000 are 
        authorized for such research activities.

[Sec. 11. Annual report]

                             annual report

  Sec. 11. Not later than April 1, 1996, and annually 
thereafter, the Secretary 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) identifies those fishing Nations whose harvests 
        are inconsistent with conservation and management 
        recommendations of the Commission;
          (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.

[Sec. 12. Savings clause]

                             savings clause

  Sec. 12. Nothing in this Act shall have the effect of 
diminishing the rights and obligations of any Nation under 
Article VIII(3) of the Convention.

                              separability

  Sec. [11.] 13. If any provision of this Act or the 
applications of such provision to any circumstance or persons 
shall be held invalid, the validity of the remainder of the Act 
and the applicability of such provision to other circumstances 
or persons shall not be affected thereby.
                              ----------                              


               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. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.

  (a) * * *

           *       *       *       *       *       *       *

  (b) Highly Migratory Species Research and Monitoring.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) In developing a program under this section, the 
        Secretary shall--
                  (A) ensure that personnel and resources of 
                each regional research center shall have 
                substantial participation in the stock 
                assessments and monitoring of highly migratory 
                species that occur in the region;
                  (B) provide for comparable monitoring of all 
                United States fishermen to which the Atlantic 
                Tunas Convention Act of 1975 applies with 
                respect to effort and species composition of 
                catch and discards;

           *       *       *       *       *       *       *