Atlantic Tunas Convention Authorization Act of 1995

file:///D/HTML/Usa5868.htm[16.01.2025 12:14:22] TITLE III--ATLANTIC TUNAS CONVENTION ACT SEC. 301. SHORT TITLE. This title may be cited as the `Atlantic Tunas Convention Authorization Act of 1995'. SEC. 302. 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 nongovernmental 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 striking the last sentence; (3) by inserting `(a) BIENNIAL REPORT ON BLUEFIN TUNA- ' before `The Secretary of Commerce shall'; and (4) 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 Authorization 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 elsewhere 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; file:///D/HTML/Usa5868.htm[16.01.2025 12:14:22] `(C) population censuses carried out through aerial surveys of fishing grounds and known migration areas; `(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) 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 applies with respect to effort and species composition of catch and discards; `(C) consult with relevant Federal and State agencies, scientific and technical experts, commercial and recreational fishermen, and other interested persons, public and private, and shall publish a proposed plan in the Federal Register for the purpose of receiving public comment on the plan; and `(D) through the Secretary of State, encourage other member nations to adopt a similar program.'. SEC. 303. DEFINITIONS. Section 2 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971) is amended (1) by designating paragraphs (3) through (10) as (4) through (11), respectively, and inserting after paragraph (2) the following: `(3) The term `conservation recommendation' means any recommendation of the Commission made pursuant to Article VIII of the Convention and acted upon favorably by the Secretary of State under section 5(a) of this Act.'; (2) by striking paragraph (5), as redesignated, and inserting the following: `(4) The term `exclusive economic zone' means an exclusive economic zone as defined in section 3 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802).'; and (3) by striking `fisheries zone' wherever it appears in the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.) and inserting `exclusive economic zone'. SEC. 304. ADVISORY COMMITTEE PROCEDURES. file:///D/HTML/Usa5868.htm[16.01.2025 12:14:22] 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. Meetings of the advisory committee, except when in executive session, shall be open to the public, and prior notice of meetings shall be made public in a timely fashion. `(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 advisory committee shall, to the maximum extent practicable, consist of an equitable balance among the various groups concerned with the fisheries covered by the Convention and shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).'. SEC. 305. 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) by inserting `AND OTHER MEASURES' after `REGULATIONS' in the section caption; (2) by inserting `or fishing mortality level' after `quota of fish' in the last sentence of paragraph (3); and (3) by inserting the following after paragraph (5): `(6) IDENTIFICATION AND NOTIFICATION `(A) Not later than July 1, 1996, and annually thereafter, the Secretary, in consultation with the Secretary of State, 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). file:///D/HTML/Usa5868.htm[16.01.2025 12:14:22] 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. `(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 operation by vessels of that Nation within the Convention area which is conducted in a manner or under circumstances that diminish the effectiveness of the conservation recommendation; `(B) when practicable, require actions by that Nation, or vessels of that Nation, to mitigate the negative impacts of fishing operations on the effectiveness of the conservation recommendation involved, including but not limited to, the imposition of subsequent-year deductions for quota overages; and `(C) result in the establishment, if necessary, by such Nation of reporting, monitoring, and enforcement measures that are adequate to ensure the effectiveness of conservation recommendations.'. SEC. 306. 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. 307. 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 1995, $4,103,000, 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 $2,890,000 are authorized for research activities under this Act and the Act of September 4, 1980 (16 U.S.C. 971i). `(2) For fiscal year 1996, $5,453,000, of which $50,000 are authorized in the aggregate for such advisory committee and such working groups, and $4,240,000 are authorized for such research activities. `(3) For fiscal year 1997, $5,465,000 of which $62,000 are authorized in the aggregate for such advisory committee and such working groups, and $4,240,000 are authorized for such research activities. `(4) For fiscal year 1998, $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.'. file:///D/HTML/Usa5868.htm[16.01.2025 12:14:22] SEC. 308. REPORT AND SAVINGS CLAUSE. The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.) is amended by adding at the end thereof the following: `Sec. 11. Annual report `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 `Nothing in this Act shall have the effect of diminishing the rights and obligations of any Nation under Article VIII(3) of the Convention.'. SEC. 309. MANAGEMENT OF ATLANTIC YELLOWFIN TUNA. (a) Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce in accordance with this section shall publish a preliminary determination of the level of the United States recreational and commercial catch of Atlantic yellowfin tuna on an annual basis since 1980. The Secretary shall publish a preliminary determination in the Federal Register for comment for a period not to exceed 60 days. The Secretary shall publish a final determination not later than 140 days from the date of the enactment of this section. (b) Not later than July 1, 1996, the Secretary of Commerce shall implement the recommendations of the International Commission for the Conservation of Atlantic Tunas regarding yellowfin tuna made pursuant to Article VIII of the International Convention for the Conservation of Atlantic Tunas and acted upon favorably by the Secretary of State under section 5(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971c(a)). SEC. 310. STUDY OF BLUEFIN TUNA REGULATIONS. Not later than 270 days after the date of enactment of this Act, the Secretary of Commerce shall submit to the Committee on Commerce, Science and Transportation of the Senate and to the Committee on Resources of the House of Representatives a report on the historic rationale, effectiveness, and biological and economic efficiency of existing bluefin tuna regulations for United States Atlantic fisheries. Specifically, the biological rationale for each regional and category allocation, including directed and incidental categories, should be described in light of the average size, age, and maturity of bluefin tuna caught in each fishery and the effect of this harvest on stock rebuilding and sustainable yield. The report should examine the history and evaluate the level of wasteful discarding, and evaluate the effectiveness of non-quota regulations at constraining harvests within regions. Further, comments should be provided on levels of participation in specific fisheries in terms file:///D/HTML/Usa5868.htm[16.01.2025 12:14:22] of vessels and trips, enforcement implications, and the importance of monitoring information provided by these allocations on the precision of the stock assessment estimates. SEC. 311. SENSE OF THE CONGRESS WITH RESPECT TO ICCAT NEGOTIATIONS. (a) SHARING OF CONSERVATION BURDEN- It is the sense of the Congress that in future negotiations of the International Commission for the Conservation of Atlantic Tunas (hereafter in this section referred to as `ICCAT'), 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 those applicable to bluefin tuna. (c) ENHANCED MONITORING- It is further the sense of the Congress that the National Oceanic and Atmospheric Administration and the 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. (d) MULTILATERAL ENFORCEMENT PROCESS- It is further the sense of the Congress that the United States Commissioners should pursue as a priority the establishment and implementation prior to December 31, 1996, an effective multilateral process that will enable ICCAT nations to enforce the conservation recommendations of the Commission.