High Seas Driftnet Fisheries Enforcement Act (Public Law 97–389)

1 So in law. Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1997 (as contained in section 101(a), title I of Division A of Public Law 104–208; 110 Stat. 3009–41) provides: SEC. 211. (a) Effective 15 days after the enactment of the Sustainable Fisheries Act, section 1 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801) shall be amend- ed to read as follows: ‘‘That this Act may be cited as the ‘Magnuson-Stevens Fishery Conserva- tion and Management Act’.’’ (b) Effective 15 days after the enactment of the Sustainable Fisheries Act, all references to the Magnuson Fishery Conservation and Management Act shall be redesignated as references to the Magnuson-Stevens Fishery Conservation and Management Act. Since such section did not actually amend each occurrence of the short title in law, the former short title appears here. October 11, 2013 VerDate Nov 24 2008 10:00 Oct 11, 2013 Jkt 000000 PO 00000 Frm 00002 Fmt 9001 Sfmt 9001 F:\COMP\102\102-582.BEL HOLCPC

3 HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT Sec. 101 TITLE I—HIGH SEAS LARGE-SCALE DRIFTNET FISHING SEC. 101. ø16 U.S.C. 1826a¿ DENIAL OF PORT PRIVILEGES AND SANC- TIONS FOR HIGH SEAS LARGE-SCALE DRIFTNET FISHING. (a) DENIAL OF PORT PRIVILEGES.— (1) PUBLICATION OF LIST.—Not later than 30 days after the date of enactment of this Act and periodically thereafter, the Secretary of Commerce, in consultation with the Secretary of State, shall publish a list of nations whose nationals or vessels conduct large-scale driftnet fishing beyond the exclusive eco- nomic zone of any nation. (2) DENIAL OF PORT PRIVILEGES.—The Secretary of the Treasury shall, in accordance with recognized principles of international law— (A) withhold or revoke the clearance required by sec- tion 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91) for any large-scale driftnet fishing vessel that is documented under the laws of the United States or of a nation included on a list published under paragraph (1); and (B) deny entry of that vessel to any place in the United States and to the navigable waters of the United States. (3) NOTIFICATION OF NATION.—Before the publication of a list of nations under paragraph (1), the Secretary of State shall notify each nation included on that list regarding— (A) the effect of that publication on port privileges of vessels of that nation under paragraph (1); and (B) any sanctions or requirements, under this Act or any other law, that may be imposed on that nation if na- tionals or vessels of that nation continue to conduct large- scale driftnet fishing beyond the exclusive economic zone of any nation after December 31, 1992. (b) SANCTIONS.— (1) IDENTIFICATIONS.— (A) INITIAL IDENTIFICATIONS.—Not later than January 10, 1993, the Secretary of Commerce shall— (i) identify each nation whose nationals or vessels are conducting large-scale driftnet fishing or illegal, unreported, or unregulated fishing beyond the exclu- sive economic zone of any nation; and (ii) notify the President and that nation of the identification under clause (i). (B) ADDITIONAL IDENTIFICATIONS.—At any time after January 10, 1993, whenever the Secretary of Commerce has reason to believe that the nationals or vessels of any nation are conducting large-scale driftnet fishing or illegal, unreported, or unregulated fishing beyond the exclusive economic zone of any nation, the Secretary of Commerce shall— (i) identify that nation; and (ii) notify the President and that nation of the identification under clause (i). October 11, 2013 VerDate Nov 24 2008 10:00 Oct 11, 2013 Jkt 000000 PO 00000 Frm 00003 Fmt 9001 Sfmt 9001 F:\COMP\102\102-582.BEL HOLCPC Sec. 101 HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT 4 (2) CONSULTATIONS.—Not later than 30 days after a nation is identified under paragraph (1)(B), the President shall enter into consultations with the government of that nation for the purpose of obtaining an agreement that will effect the imme- diate termination of large-scale driftnet fishing or illegal, unre- ported, or unregulated fishing by the nationals or vessels of that nation beyond the exclusive economic zone of any nation. (3) PROHIBITION ON IMPORTS OF FISH AND FISH PRODUCTS AND SPORT FISHING EQUIPMENT.— (A) PROHIBITION.—The President— (i) upon receipt of notification of the identification of a nation under paragraph (1)(A); or (ii) if the consultations with the government of a nation under paragraph (2) are not satisfactorily con- cluded within ninety days, 1 shall direct the Secretary of the Treasury to prohibit the importation into the United States of fish and fish products and sport fish- ing equipment (as that term is defined in section 4162 of the Internal Revenue Code of 1986 (26 U.S.C. 4162)) from that nation. (B) IMPLEMENTATION OF PROHIBITION.—With respect to an import prohibition directed under subparagraph (A), the Secretary of the Treasury shall implement such prohi- bition not later than the date that is forty-five days after the date on which the Secretary has received the direction from the President. (C) PUBLIC NOTICE OF PROHIBITION.—Before the effec- tive date of any import prohibition under this paragraph, the Secretary of the Treasury shall provide public notice of the impending prohibition. (4) ADDITIONAL ECONOMIC SANCTIONS.— (A) DETERMINATION OF EFFECTIVENESS OF SANC- TIONS.—Not later than six months after the date the Sec- retary of Commerce identifies a nation under paragraph (1), the Secretary shall determine whether— (i) any prohibition established under paragraph (3) is insufficient to cause that nation to terminate large-scale driftnet fishing or illegal, unreported, or unregulated fishing conducted by its nationals and vessels beyond the exclusive economic zone of any na- tion; or (ii) that nation has retaliated against the United States as a result of that prohibition. (B) CERTIFICATION.—The Secretary of Commerce shall certify to the President each affirmative determination under subparagraph (A) with respect to a nation. (C) EFFECT OF CERTIFICATION.—Certification by the Secretary of Commerce under subparagraph (B) is deemed to be a certification under section 8(a) of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1978(a)), as amended by this Act.

1 So in law. The margin beginning with the text ‘‘shall direct the Secretary’’ through the end of this clause probably should be moved 2 ems to left so as to appear flush on the margin for subparagraph (A). October 11, 2013 VerDate Nov 24 2008 10:00 Oct 11, 2013 Jkt 000000 PO 00000 Frm 00004 Fmt 9001 Sfmt 9001 F:\COMP\102\102-582.BEL HOLCPC

5 HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT Sec. 201 SEC. 102. ø16 U.S.C. 1826b¿ DURATION OF DENIAL OF PORT PRIVILEGES AND SANCTIONS. Any denial of port privileges or sanction under section 101 with respect to a nation shall remain in effect until such time as the Secretary of Commerce certifies to the President and the Con- gress that such nation has terminated large-scale driftnet fishing or illegal, unreported, 1 or unregulated fishing by its nationals and vessels beyond the exclusive economic zone of any nation. SEC. 103. REQUIREMENTS UNDER MARINE MAMMAL PROTECTION ACT OF 1972. øAmends section 101(a)(2) of the Marine Mammal Protection Act of 1972¿ SEC. 104. ø16 U.S.C. 1826c¿ DEFINITIONS. In this title, the following definitions apply: (1) FISH AND FISH PRODUCTS.—The term ‘‘fish and fish products’’ means any aquatic species (including marine mam- mals and plants) and all products thereof exported from a na- tion, whether or not taken by fishing vessels of that nation or packed, processed, or otherwise prepared for export in that na- tion or within the jurisdiction thereof. (2) LARGE-SCALE DRIFTNET FISHING.— (A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘‘large-scale driftnet fishing’’ means a method of fishing in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of two and one-half kilometers or more is placed in the water and allowed to drift with the currents and winds for the purpose of entangling fish in the webbing. (B) EXCEPTION.—Until January 1, 1994, the term ‘‘large-scale driftnet fishing’’ does not include the use in the northeast Atlantic Ocean of gillnets with a total length not to exceed five kilometers if the use is in accordance with regulations adopted by the European Community pursuant to the October 28, 1991, decision by the Council of Fisheries Ministers of the Community. (3) LARGE-SCALE DRIFTNET FISHING VESSEL.—The term ‘‘large-scale driftnet fishing vessel’’ means any vessel which is— (A) used for, equipped to be used for, or of a type which is normally used for large-scale driftnet fishing; or (B) used for aiding or assisting one or more vessels at sea in the performance of large-scale driftnet fishing, in- cluding preparation, supply, storage, refrigeration, trans- portation, or processing. TITLE II—FISHERIES CONSERVATION PROGRAMS SEC. 201. IMPORT RESTRICTIONS UNDER FISHERMEN’S PROTECTIVE ACT OF 1967. øAmends section 8 of the Fishermen’s Protective Act of 1967.¿

1 The space after the word ‘‘unreported’’ probably should not appear. See amendment made by section 403(b)(2) of Public Law 109–479. October 11, 2013 VerDate Nov 24 2008 10:00 Oct 11, 2013 Jkt 000000 PO 00000 Frm 00005 Fmt 9001 Sfmt 9001 F:\COMP\102\102-582.BEL HOLCPC Sec. 202 HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT 6 SEC. 202. ø16 U.S.C. 1861 note¿ ENFORCEMENT. (a) IN GENERAL.—Not later than six months after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, and the Secretary of Defense shall enter into an agreement under section 311(a) of the Magnuson Fishery Conservation and Manage- ment Act 1 (16 U.S.C. 1861(a)) in order to make more effective the enforcement of domestic laws and international agreements that conserve and manage the living marine resources of the United States. (b) TERMS.—The agreement entered into under subsection (a) shall include— (1) procedures for identifying and providing the location of vessels that are in violation of domestic laws or international agreements to conserve and manage the living marine re- sources of the United States; (2) requirements for the use of the surveillance capabilities of the Department of Defense; and (3) procedures for communicating vessel locations to the Secretary of Commerce and the Coast Guard. SEC. 203. TRADE NEGOTIATIONS AND THE ENVIRONMENT. It is the sense of the Congress that the President, in carrying out multilateral, bilateral, and regional trade negotiations, should seek to— (1) address environmental issues related to the negotia- tions; (2) modify articles of the General Agreement on Tariffs and Trade (referred to in this section as ‘‘GATT’’) to take into consideration the national environmental laws of the GATT Contracting Parties and international environmental treaties; (3) secure a working party on trade and the environment within GATT as soon as possible; (4) take an active role in developing trade policies that make GATT more responsive to national and international en- vironmental concerns; (5) include Federal agencies with environmental expertise during the negotiations to determine the impact of the pro- posed trade agreements on national environmental law; and (6) periodically consult with interested parties concerning the progress of the negotiations. * * * * * * * TITLE III—FISHERIES ENFORCEMENT IN CENTRAL BERING SEA SEC. 301. ø16 U.S.C. 1823 note¿ SHORT TITLE. This title may be cited as the ‘‘Central Bering Sea Fisheries Enforcement Act of 1992’’.

1 See footnote to section 2(a)(7). October 11, 2013 VerDate Nov 24 2008 10:00 Oct 11, 2013 Jkt 000000 PO 00000 Frm 00006 Fmt 9001 Sfmt 9001 F:\COMP\102\102-582.BEL HOLCPC

7 HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT Sec. 303 SEC. 302. ø16 U.S.C. 1823 note¿ PROHIBITION APPLICABLE TO UNITED STATES VESSELS AND NATIONALS. (a) PROHIBITION.—Vessels and nationals of the United States are prohibited from conducting fishing operations in the Central Bering Sea and the Central Sea of Okhotsk, except where such fishing operations are conducted in accordance with an inter- national fishery agreement to which the United States and the Russian Federation are parties. (b) CIVIL PENALTIES AND PERMIT SANCTIONS.—A violation of this section shall be subject to civil penalties and permit sanctions under section 308 of the Magnuson Fishery Conservation and Man- agement Act 1 (16 U.S.C. 1858). SEC. 303. ø16 U.S.C. 1823 note¿ PORT PRIVILEGES DENIAL FOR FISHING IN CENTRAL BERING SEA. (a) DENIAL OF PORT PRIVILEGES.—The Secretary of the Treas- ury shall, after December 31, 1992, in accordance with recognized principles of international law— (1) withhold or revoke the clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91) for any fishing vessel documented under the laws of a nation that is included on a list published under subsection (b); and (2) deny entry of such fishing vessel to any place in the United States and to the navigable waters of the United States. (b) PUBLICATION OF LIST.—Not later than forty-five days after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall publish in the Federal Register a list of nations whose nationals or vessels conduct fishing operations in the Central Bering Sea, except where such fishing operations are in accordance with an international fishery agreement to which the United States and the Russian Fed- eration are parties. The Secretary shall publish as an addendum to the list the name of each vessel documented under the laws of each listed nation which conducts fishing operations in the Central Ber- ing Sea. A revised list shall be published whenever the list is no longer accurate, except that a nation may not be removed from the list unless— (1) the nationals and vessels of that nation have not con- ducted fishing operations in the Central Bering Sea for the previous ninety days and the nation has committed, through a bilateral agreement with the United States or in any other

1 So in law. Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1997 (as contained in section 101(a), title I of Division A of Public Law 104–208; 110 Stat. 3009–41) provides: SEC. 211. (a) Effective 15 days after the enactment of the Sustainable Fisheries Act, section 1 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801) shall be amend- ed to read as follows: ‘‘That this Act may be cited as the ‘Magnuson-Stevens Fishery Conserva- tion and Management Act’.’’ (b) Effective 15 days after the enactment of the Sustainable Fisheries Act, all references to the Magnuson Fishery Conservation and Management Act shall be redesignated as references to the Magnuson-Stevens Fishery Conservation and Management Act. Since such section did not actually amend each occurrence of the short title in law, the former short title appears here. October 11, 2013 VerDate Nov 24 2008 10:00 Oct 11, 2013 Jkt 000000 PO 00000 Frm 00007 Fmt 9001 Sfmt 9001 F:\COMP\102\102-582.BEL HOLCPC Sec. 304 HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT 8 manner acceptable to the Secretary of Commerce, not to permit its nationals or vessels to resume such fishing operations; or (2) the nationals and vessels of that nation are conducting fishing operations in the Central Bering Sea that are in accord- ance with an international fishery agreement to which the United States and the Russian Federation are parties. (c) NOTIFICATION OF NATION.—Before the publication of a list of nations under subsection (b), the Secretary of State shall notify each nation included on that list and explain the requirement to deny the port privileges of fishing vessels of that nation under sub- section (a) as a result of such publication. SEC. 304. ø16 U.S.C. 1823 note¿ DURATION OF PORT PRIVILEGES DE- NIAL. Any denial of port privileges under section 303 with respect to any fishing vessel of a nation shall remain in effect until such na- tion is no longer listed under section 303(b). SEC. 305. ø16 U.S.C. 1823 note¿ RESTRICTION ON FISHING IN UNITED STATES EXCLUSIVE ECONOMIC ZONE. (a) REGULATIONS.—Within one hundred and eighty days after the date of enactment of this Act, after notice and public comment, the Secretary of Commerce shall issue regulations, under the Mag- nuson Fishery Conservation and Management Act 1 (16 U.S.C. 1801 et seq.) and any other applicable law, to prohibit— (1) any permitted fishing vessel from catching, taking, or harvesting fish in a fishery under the geographical authority of the North Pacific Fishery Management Council if such ves- sel is owned or controlled by any person that also owns or con- trols a fishing vessel that is listed on the addendum under sec- tion 303(b); (2) any processing facility from receiving any fish caught, taken, or harvested in a fishery under the geographical author- ity of the North Pacific Fishery Management Council if such facility is owned or controlled by any person that also owns or controls a fishing vessel that is listed on the addendum under section 303(b); and (3) any permitted fishing vessel from delivering fish caught, taken, or harvested in a fishery under the geographic authority of the North Pacific Fishery Management Council to a processing facility that is owned or controlled by any person that also owns or controls a fishing vessel that is listed on the addendum under section 303(b). (b) REQUIREMENT FOR SUBMISSION OF DOCUMENTS.—The Sec- retary of Commerce shall require under any regulations issued under subsection (a) the submission of any affidavits, financial statements, corporate agreements, and other documents that the Secretary of Commerce determines, after notice and public com- ment, are necessary to ensure that all vessels and processing facili- ties are in compliance with this section. (c) APPEALS; DURATION OF PROHIBITIONS.—The regulations issued under subsection (a) shall— 1 See footnote to section 302(b). October 11, 2013 VerDate Nov 24 2008 10:00 Oct 11, 2013 Jkt 000000 PO 00000 Frm 00008 Fmt 9001 Sfmt 9001 F:\COMP\102\102-582.BEL HOLCPC

9 HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT Sec. 306 (1) establish procedures for a person to appeal a decision to impose a prohibition under subsection (a) on a vessel or processing facility owned or controlled by that person; and (2) specify procedures for the removal of any prohibition imposed on a vessel or processing facility under subsection (a)— (A) upon publication of a revised list under section 303(b), and a revised addendum which does not include a fishing vessel owned or controlled by the person who also owns or controls the vessel or facility to which the prohibi- tion applies; or (B) on the date that is ninety days after such person terminates ownership and control in fishing vessels that are listed on the addendum under section 303(b). SEC. 306. ø16 U.S.C. 1823 note¿ DEFINITIONS. In this title, the following definitions apply: (1) CENTRAL BERING SEA.—The term ‘‘Central Bering Sea’’ means the central Bering Sea area which is more than two hundred nautical miles seaward of the baselines from which the breadth of the territorial seas of the United States and the Russian Federation are measured. (2) CENTRAL SEA OF OKHOTSK.—The term ‘‘Central Sea of Okhotsk’’ means the Central Sea of Okhotsk area which is more than two hundred nautical miles seaward of the baseline from which the breadth of the territorial sea of the Russian Federation is measured. (3) FISHING VESSEL.—The term ‘‘fishing vessel’’ means any vessel which is used for— (A) catching, taking, or harvesting fish; or (B) aiding or assisting one or more vessels at sea in the performance of fishing operations, including prepara- tion, supply, storage, refrigeration, transportation, or proc- essing. (4) OWNS OR CONTROLS.—When used in reference to a ves- sel or processing facility— (A) the term ‘‘owns’’ means holding legal title to the vessel or processing facility; and (B) the term ‘‘controls’’ includes an absolute right to direct the business of the person owning the vessel or proc- essing facility, to limit the actions of or replace the chief executive officer (by whatever title), a majority of the board of directors, or any general partner (as applicable) of such person, to direct the transfer or operations of the ves- sel or processing facility, or otherwise to exercise authority over the business of such person, but the term does not in- clude the right simply to participate in those activities of such person or the right to receive a financial return, such as interest or the equivalent of interest, on a loan or other financing obligation. (5) PERMITTED FISHING VESSEL.—The term ‘‘permitted fish- ing vessel’’ means any fishing vessel that is subject to a permit issued by the Secretary of Commerce under the Magnuson October 11, 2013 VerDate Nov 24 2008 10:00 Oct 11, 2013 Jkt 000000 PO 00000 Frm 00009 Fmt 9001 Sfmt 9001 F:\COMP\102\102-582.BEL HOLCPC Sec. 307 HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT 10 Fishery Conservation and Management Act 1 (16 U.S.C. 1801 et seq.). (6) PERSON.—The term ‘‘person’’ means any individual (whether or not a citizen of the United States), any corpora- tion, partnership, association, cooperative, or other entity (whether or not organized under the laws of any State), and any State, local, or foreign government, or any entity of such government or the Federal Government. (7) PROCESSING FACILITY.—The term ‘‘processing facility’’ means any fish processing establishment or fish processing vessel that receives unprocessed fish. SEC. 307. ø16 U.S.C. 1823 note¿ TERMINATION. This title shall cease to have force and effect after the date that is seven years after the date of enactment of this Act, except that any proceeding with respect to violations of section 302 occur- ring prior to such termination date shall be conducted as if that section were still in effect.

1 See footnote to section 302(b). October 11, 2013 VerDate Nov 24 2008 10:00 Oct 11, 2013 Jkt 000000 PO 00000 Frm 00010 Fmt 9001 Sfmt 9001 F:\COMP\102\102-582.BEL HOLCPC