    [Public Papers of the Presidents of the United States: William J. Clinton (1995, Book II)]
    [November 3, 1995]
    [Page 1718]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Fisheries Act of 1995
    November 3, 1995

        Today I have signed into law H.R. 716, the ``Fisheries Act of
    1995.'' This comprehensive legislation demonstrates the extent to which
    the United States is involved, and must remain involved, in
    international initiatives with global impact. It implements
    international agreements designed to protect important fish stocks both
    in high seas areas of the world's oceans and off our coasts. Many of
    these measures implement agreements that required major negotiating
    efforts over a number of years.
        This Act implements and would allow the United States to become a
    party to the United Nations Food and Agriculture Organization Agreement
    to Promote Compliance with International Conservation and Management
    Measures by Fishing Vessels on the High Seas. Our negotiators were the
    principal drafters of the agreement, designed to end the practice of
    ``reflagging'' fishing vessels to evade international conservation
    rules. The provisions of H.R. 716 that implement this Agreement also
    provide a basis for the United States to ratify the Convention on
    Conservation and Management of Pollock Resources in the Central Bering
    Sea. This will preserve jobs for American fishermen in Alaska and the
    Pacific Northwest, while protecting fish stocks from over-harvesting.
    The Act also implements a fisheries convention in the Northwest Atlantic
    and allows the Administration to seek fishing quota shares for our
    fishermen in that region.
        The Act reauthorizes the Atlantic Tunas Convention Act, enhancing
    U.S. efforts to ensure that all of the countries fishing for tuna in the
    Atlantic follow internationally agreed upon conservation measures, and
    providing enforcement authority, which can be particularly effective
    when its use is based on international consensus. In addition, H.R. 716
    strengthens the U.S. role in maintaining the global moratorium on large-
    scale high seas driftnet fishing, implements an agreement to conserve
    salmon originating from the Yukon River in Canada, and contains other
    provisions to promote sound fisheries management.
        Several provisions in the Act, specifically sections 603-605 and
    302(b), could be taken to direct how the Nation's foreign affairs should
    be conducted. The Constitution, however, vests the President with
    special authority to conduct the Nation's foreign affairs. My
    constitutional authority over foreign affairs necessarily entails
    discretion over these matters. Accordingly, I shall construe these
    provisions to be advisory, and I hereby direct all executive branch
    officials to do likewise.
        A provision in section 802 of the Act allows the Secretary of
    Commerce to issue certain fishing permits if the application has been
    recommended by a regional fishery management council. Because regional
    fishery management councils are entities within the Federal Government
    and comprise officials who are not appointed pursuant to the
    Appointments Clause of the Constitution, they may not exercise
    significant governmental authority. To avoid this constitutional
    problem, I hereby direct the Secretary to treat this provision as
    advisory.
        I am pleased to approve this comprehensive legislation, which will
    conserve fishery resources and allow for their continued harvesting at
    sustainable levels.

                                                          William J. Clinton

    The White House,

    November 3, 1995.

    Note: H.R. 716, approved November 3, was assigned Public Law No. 104-43.
    This statement was released by the Office of the Press Secretary on
    November 4.