[Public Papers of the Presidents of the United States: George H. W. Bush (1992-1993, Book II)]
[November 2, 1992]
[Pages 2150-2151]
[From the U.S. Government Publishing Office www.gpo.gov]



Statement on Signing the High Seas Driftnet Fisheries Enforcement Act
November 2, 1992

    Today I am signing into law H.R. 2152, the ``High Seas Driftnet 
Fisheries Enforcement Act.''
    H.R. 2152 calls for a number of measures in support of United 
Nations General Assembly Resolutions 44/225, 45/197, and 46/

[[Page 2151]]

215, which pertain to large-scale driftnet fishing and its impact on the 
living marine resources of the world's oceans and seas. The Act also 
calls for measures to address unregulated fishing in the area of the 
Central Bering Sea that is beyond the jurisdiction of the United States 
and the Russian Federation.
    As a principal cosponsor of all three Resolutions, the United States 
has demonstrated strong leadership to address the problems of 
wastefulness and harm to the ecosystem caused by this fishing technique. 
I am grateful for the cooperation and support of many concerned 
countries that contributed to the successful adoption of the 
Resolutions. The United States has a particular interest in the 
effective implementation of the Resolutions because of the threat that 
driftnet fishing poses to living marine resources on the high seas.
    It was appropriate that the United Nations General Assembly, by its 
Resolution 46/215, called upon all members of the international 
community to ensure that a global moratorium on all large-scale driftnet 
fishing is fully implemented by December 31, 1992. The Resolution is 
consistent with our treaty commitments under the Wellington Convention 
done on November 24, 1989.
    Through this Act, the United States reinforces its commitment to 
cooperate with all concerned nations to ensure that the moratorium is 
implemented on time. The United States urges that all nations take 
appropriate measures to prohibit their nationals and fishing vessels 
flying their flags from undertaking any activities contrary to 
Resolution 46/215, and to impose appropriate penalties for such 
activities.
    For its part, the United States has already taken steps, through the 
enactment of Public Law 101-627 on November 28, 1990, to prohibit any 
U.S. national from engaging in large-scale driftnet fishing in areas 
subject to the jurisdiction of the United States, as well as in areas 
beyond the 200-nautical mile exclusive economic zone of any nation.
    With respect to problems posed by unregulated fishing in the Central 
Bering Sea, the United States is pleased with the success achieved with 
other concerned countries, including the Russian Federation, in securing 
an agreement voluntarily to suspend fishing in the area during 1993 and 
1994. The Administration intends to continue actively to pursue a longer 
term conservation and management regime for this area.
    Contrary to long-standing Administration policy, this Act 
unfortunately requires the Government to charge access fees for maritime 
freight rate information that exceed the cost of disseminating the 
information. It also imposes fees on private sector resale of Government 
information. These provisions impede the flow of public information from 
the Government. They run counter to Federal information policy and the 
traditions of the Copyright Act and the Freedom of Information Act.
    Some provisions of the Act could be construed to encroach upon the 
President's authority under the Constitution to conduct foreign 
relations, including the unfettered conduct of negotiations with foreign 
nations. To avoid constitutional questions that might otherwise arise, I 
will construe all of these provisions to be advisory, not mandatory. 
With respect to section 203, which states the ``sense of the Congress'' 
concerning trade negotiations, I note that my Administration has taken 
the initiative in bringing environmental issues into our overall trade 
agenda.
    Finally, I note that section 101 of the bill will be interpreted in 
accord with the recognized principles of international law. Those 
principles recognize the right of innocent passage of ships of all 
states through the territorial sea, a right that shall not be hampered.

                                                             George Bush

The White House,
November 2, 1992.

                    Note: H.R. 2152, approved November 2, was assigned 
                        Public Law No. 102-582.