IV

107TH CONGRESS

2D SESSION H. CON. RES. 427

Expressing the sense of the Congress regarding the imposition of trade

sanctions on nations that are undermining the effectiveness of conservation and management measures for Atlantic marlin adopted by the International Commission for the Conservation of Atlantic Tunas and that

are threatening the continued viability of United States commercial and

recreational fisheries.

IN THE HOUSE OF REPRESENTATIVES

JUNE 26, 2002

Mr. GILCHREST (for himself, Mr. JONES of North Carolina, and Mr. SAXTON)

submitted the following concurrent resolution; which was referred to the

Committee on Resources

CONCURRENT RESOLUTION

Expressing the sense of the Congress regarding the imposition of trade sanctions on nations that are undermining

the effectiveness of conservation and management measures for Atlantic marlin adopted by the International

Commission for the Conservation of Atlantic Tunas and

that are threatening the continued viability of United

States commercial and recreational fisheries.

Whereas some fishing vessels of member and nonmember nations of the International Commission for the Conservation of Atlantic Tunas (hereinafter referred to as the

‘‘Commission’’) fishing in the Commission regulatory

area have not complied with Commission resolutions pro-
2

•HCON 427 IH

moting the live release of Atlantic marlin and the rebuilding of Atlantic blue marlin and white marlin populations;

Whereas repeated violations of Commission recommendations

by fishing vessels of Commission member and nonmember nations undermine the effectiveness of the Commission to establish, maintain, and enforce conservation

and rebuilding plans for overfished species of fish that

are under the Commission’s management authority;

Whereas failure of Commission member nations to enforce reductions in Atlantic marlin landings and other conservation measures threatens the continued viability of United

States commercial and recreational fishing industries;

Whereas the continued importation into the United States of

fish and fish products from nations that are not in compliance with Commission resolutions to protect Atlantic

white marlin and other fish species indicates United

States complicity in continued overfishing;

Whereas the Commission has adopted a resolution that further defines the scope of illegal, unregulated, and unreported fishing activities by large-scale longline vessels in

the Commission regulatory area; and

Whereas such resolution includes provisions directing Commission member and nonmember nations to take every

possible action, consistent with relevant laws, to instruct

their importers, transporters, and other concerned business people to refrain from engaging in transaction and

transshipment of tunas and tuna-like species from vessels

that engage in illegal, unregulated, and unreported fishing activities, including vessels that engage in any fishing

that is not in compliance with relevant Commission con-
3

•HCON 427 IH

servation and management measures: Now, therefore, be

it

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of Congress that the

3 President should—

4 (1) direct the United States Commissioners to

5 the International Commission for the Conservation

6 of Atlantic Tunas (in this resolution referred to as

7 the ‘‘Commission’’) to make Atlantic marlin con8 servation their highest priority;

9 (2) encourage countries that fish in the Com10 mission regulatory area to make every effort to end

11 illegal, unregulated, and unreported fishing, includ12 ing any fishing that is not in compliance with rel13 evant conservation recommendations adopted by the

14 Commission especially with regard to Atlantic marlin

15 mortality;

16 (3) make full use of all appropriate diplomatic

17 mechanisms, relevant international laws and agree18 ments, and other appropriate mechanisms to ensure

19 Commission member compliance with conservation

20 recommendations for all species under the Commis21 sion’s management authority, including Atlantic

22 marlin;

23 (4) encourage the Commission to adopt con24 servation recommendations authorizing the use of
4

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1 enforceable measures, including World Trade Orga2 nization-consistent trade measures, to prevent such

3 nations that fish in the Commission regulatory area

4 from taking actions that would undermine the effec5 tiveness of conservation recommendations of the

6 Commission; and

7 (5) if any vessel of a nation fishes in the Atlan8 tic Ocean without complying with the conservation

9 recommendations adopted by the Commission, such

10 fishing should be considered to diminish the effec11 tiveness of international fishery conservation rec12 ommendations and, therefore, such nation should be

13 considered to be subject to the import embargo pro14 visions in section 6(c)(4) and (5) of the Atlantic

15 Tunas Convention Act of 1975 (16 U.S.C.

16 971d(c)(4) and (5)) and certifiable under section

17 8(a)(1) of the Fishermen’s Protective Act of 1967

18 (22 U.S.C. 1978 (a)(1)).

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