II

103D CONGRESS

1ST SESSION S. 1611

To authorize appropriations to carry out the Atlantic Tunas Convention

Act of 1975, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 2, 1993

Mr. KERRY introduced the following bill; which was read twice and referred

to the Committee on Commerce, Science, and Transportation

A BILL

To authorize appropriations to carry out the Atlantic Tunas

Convention Act of 1975, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Atlantic Tunas Con5 vention Authorization Act of 1993’’.

6 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

7 Section 10 of the Atlantic Tunas Convention Act of

8 1975 (16 U.S.C. 971h) is amended to read as follows:

9 ‘‘SEC. 10. There are authorized to be appropriated

10 to carry out this Act, including use for payment of United
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1 States share of the joint expenses of the Commission as

2 provided in article X of the Convention, the following

3 sums:

4 ‘‘(1) For fiscal year 1994, $2,750,000, of which

5 $50,000 are authorized in the aggregate for the ad6 visory committee established under section 4 and the

7 species working groups established under section 4A,

8 and $1,500,000 are authorized for research activities

9 under this Act.

10 ‘‘(2) For fiscal year 1995, $4,000,000, of which

11 $62,000 are authorized in the aggregate for such

12 advisory committee and such working groups, and

13 $2,500,000 are authorized for such research activi14 ties.

15 ‘‘(3) For fiscal year 1996, $4,000,000 of which

16 $75,000 are authorized in the aggregate for such

17 advisory committee and such working groups, and

18 $2,500,000 are authorized for such research activi19 ties.’’.

20 SEC. 3. ADVISORY COMMITTEE PROCEDURES.

21 Section 4 of the Atlantic Tunas Convention Act of

22 1975 (16 U.S.C. 971b) is amended—

23 (1) by designating the existing text as sub24 section (a); and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(b)(1) A majority of the members of the advisory

4 committee shall constitute a quorum, but one or more such

5 members designated by the advisory committee may hold

6 meetings to provide for public participation and to discuss

7 measures relating to the United States implementation of

8 Commission recommendations. All decisions of the advi9 sory committee shall be by a three-fifths majority vote of

10 the members present and voting.

11 ‘‘(2) The advisory committee shall elect a Chairman

12 from among its members.

13 ‘‘(3) The advisory committee shall meet at appro14 priate times and places at least twice a year, at the call

15 of the Chairman or upon the request of the majority of

16 its voting members, the United States Commissioners, the

17 Secretary, or the Secretary of State.

18 ‘‘(4)(A) The Secretary shall provide to the advisory

19 committee such administrative and technical support serv20 ices as are necessary for the effective functioning of the

21 committee.

22 ‘‘(B) The Secretary and the Secretary of State shall

23 furnish the advisory committee with relevant information

24 concerning fisheries and international fishery agreements.
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1 ‘‘(5) The advisory committee shall determine its orga2 nization, and prescribe its practices and procedures for

3 carrying out its functions under this Act, the Magnuson

4 Fishery Conservation and Management Act (16 U.S.C.

5 1801 et seq.), and the Convention. The advisory commit6 tee shall publish and make available to the public a state7 ment of its organization, practices, and procedures.’’.

8 SEC. 4. RESEARCH ACTIVITIES.

9 (a) REPORT TO CONGRESS.—The Secretary of Com10 merce shall, within 90 days after the date of enactment

11 of this Act, report to the Committee on Commerce,

12 Science, and Transportation of the Senate and the Com13 mittee on Merchant Marine and Fisheries of the House

14 of Representatives—

15 (1) identifying current governmental and non16 governmental research activities on Atlantic bluefin

17 tuna and other highly migratory species;

18 (2) describing the personnel and budgetary re19 sources allocated to such activities; and

20 (3) explaining how each activity contributes to

21 the conservation and management of Atlantic bluefin

22 tuna and other highly migratory species.

23 (b) RESEARCH PROGRAM.—Section 3 of the Act of

24 September 4, 1980 (16 U.S.C. 971i) is amended—
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1 (1) by amending the section heading to read as

2 follows:

3 ‘‘SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY

4 SPECIES.’’;

5 (2) by striking the last sentence;

6 (3) by inserting ‘‘(a) BIENNIAL REPORT ON

7 BLUEFIN TUNA.—’’ immediately before ‘‘The Sec8 retary of Commerce shall’’; and

9 (4) by adding at the end the following new sub10 section:

11 ‘‘(b) HIGHLY MIGRATORY SPECIES RESEARCH.—(1)

12 Within 6 months after the date of enactment of this sub13 section, the Secretary of Commerce, in cooperation with

14 the advisory committee established under section 4 of the

15 Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971b)

16 and in consultation with the United States Commissioners

17 on the International Commission for the Conservation of

18 Atlantic Tunas and the Secretary of State, shall develop

19 and implement a comprehensive research program to sup20 port the conservation and management of Atlantic bluefin

21 tuna and other highly migratory species that shall—

22 ‘‘(A) identify and define the range of stocks of

23 highly migratory species in the Atlantic Ocean, in24 cluding Atlantic bluefin tuna; and
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1 ‘‘(B) provide for appropriate program participa2 tion by nations participating in the Commission.

3 ‘‘(2) The program shall provide for, but not be lim4 ited to—

5 ‘‘(A) statistically designed tagging studies;

6 ‘‘(B) genetic and biochemical stock analyses;

7 ‘‘(C) population censuses carried out through

8 aerial surveys of fishing grounds;

9 ‘‘(D) adequate observer coverage of commercial

10 and recreational fishing activity;

11 ‘‘(E) collection of real-time data on commercial

12 and recreational catches and landings, including

13 charter operations, fishing tournaments, and private

14 anglers;

15 ‘‘(F) studies of the life history parameters of

16 Atlantic bluefin tuna and other highly migratory

17 species; and

18 ‘‘(G) integration of data from all sources and

19 the preparation of data bases to support manage20 ment decisions.’’.

21 SEC. 5. ACTIONS TO IMPROVE CONSERVATION.

22 (a) FINDINGS.—The Congress makes the following

23 findings:
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1 (1) Atlantic bluefin tuna and other highly mi2 gratory species are valuable commercial and rec3 reational fisheries of the United States.

4 (2) The vessels of many countries, including the

5 United States, fish for Atlantic bluefin tuna and

6 other highly migratory species in the Atlantic Ocean

7 and the Mediterranean Sea.

8 (3) The International Commission for the Con9 servation of Atlantic Tunas (hereinafter referred to

10 as the ‘‘Commission’’) is the international entity es11 tablished to adopt recommendations and develop

12 international agreements for the conservation and

13 management of Atlantic bluefin tuna and other high14 ly migratory species in the Atlantic Ocean and the

15 Mediterranean Sea.

16 (4) In the last 25 years Atlantic bluefin tuna

17 stocks and other stocks of highly migratory species

18 have declined from historic levels.

19 (5) Countries that are not members of the

20 Commission are having a detrimental impact on the

21 recovery of Atlantic bluefin tuna stocks and other

22 stocks of highly migratory species by fishing

23 throughout the Atlantic Ocean and the Mediterra24 nean Sea without regard for conservation and man-
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1 agement recommendations and agreements adopted

2 by the Commission.

3 (6) For management purposes, the Commission

4 has adopted a working hypothesis of two stocks of

5 Atlantic bluefin tuna: a western stock found in the

6 Atlantic Ocean west of 45 degrees west longitude

7 (hereinafter referred to as the ‘‘45 degree line’’),

8 and an eastern stock found in the Atlantic Ocean

9 east of the 45 degree line and in the Mediterranean

10 Sea.

11 (7) The existing scientific evidence is inconclu12 sive with respect to the working hypothesis of two

13 stocks, and the extent to which each of the hypoth14 esized stocks migrates across the 45 degree line is

15 unknown.

16 (8) The Commission adopted conservation and

17 management recommendations and agreements in

18 1974 to ensure the recovery and sustainability of all

19 Atlantic bluefin tuna throughout the Atlantic Ocean

20 and the Mediterranean Sea.

21 (9) In recent years, the Commission has adopt22 ed additional, more restrictive conservation and

23 management recommendations and agreements for

24 Atlantic bluefin tuna, for countries that fish for At25 lantic bluefin tuna west of the 45 degree line.
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1 (10) The United States and other countries

2 that are members of the Commission and that fish

3 west of the 45 degree line have implemented all con4 servation and management recommendations and

5 agreements for Atlantic bluefin tuna adopted by the

6 Commission that apply west of the 45 degree line.

7 The implementing regulations have been vigorously

8 enforced by the Secretary of Commerce and the

9 Coast Guard.

10 (11) Many other countries that are members of

11 the Commission do not comply with conservation

12 and management recommendations and agreements

13 for Atlantic bluefin tuna adopted by the Commission

14 that apply east of the 45 degree line and in the

15 Mediterranean Sea. This noncompliance undermines

16 the recovery of Atlantic bluefin tuna stocks.

17 (12) Recent large increases in the catch of At18 lantic bluefin tuna within 100 miles east of the 45

19 degree line by countries that are members of the

20 Commission may be having a detrimenal impact on

21 the recovery of Atlantic bluefin tuna and probably

22 do not comply with recommendations and agree23 ments of the Commission.

24 (b) OBJECTIVES.—It is the sense of the Congress

25 that—
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1 (1) the United States and the Commission

2 should continue to promote the conservation and

3 management of Atlantic bluefin tuna and other high4 ly migratory species throughout the Atlantic Ocean

5 and the Mediterranean Sea;

6 (2) the United States should obtain commit7 ments through the Commission, from all countries

8 that are signatories to the International Convention

9 for the Conservation of Atlantic Tunas and that are

10 not in compliance with all of the conservation and

11 management recommendations and agreements for

12 Atlantic bluefin tuna and all other highly migratory

13 species that have been adopted by the Commission,

14 that those countries will immediately comply with

15 those recommendations and agreements;

16 (3) the United States should continue to en17 courage all other countries whose vessels fish for At18 lantic bluefin tuna and other highly migratory spe19 cies in the Atlantic Ocean or the Mediterranean Sea

20 to comply with the conservation and management

21 recommendations and agreements adopted for those

22 species by the Commission;

23 (4) if vessels of a country fish in the Atlantic

24 Ocean or the Mediterranean Sea for Atlantic bluefin

25 tuna or another highly migratory species without
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1 complying with conservation and management rec2 ommendations and agreements of the Commission,

3 such fishing will be considered by the Congress to

4 diminish the effectiveness of an international fishery

5 conservation program, and as such will be considered

6 by the Congress to be certifiable under section

7 8(a)(1) of the Fishermen’s Protective Act of 1967

8 (22 U.S.C. 1978(a)(1));

9 (5) the United States should encourage coun10 tries that have significant markets for Atlantic

11 bluefin tuna and other highly migratory species to

12 prohibit the importation of those species from coun13 tries whose vessels fish for such species without re14 gard for the conservation and management rec15 ommendations and agreements adopted by the Com16 mission;

17 (6) the United States should continue to ex18 plore, through the Commission, the appropriateness

19 of working hypotheses of the Commission that At20 lantic stocks of highly migratory species can be de21 lineated by lines of latitude or longitude and, specifi22 cally, that there are two stocks of Atlantic bluefin

23 tuna delineated by the 45 degree line; and

24 (7) the United States should seek through the

25 Commission an agreement to ensure that if the
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1 Commission uses any line to divide stocks of Atlantic

2 bluefin tuna for management purposes and adopts

3 for that stock conservation and management rec4 ommendations and agreements for one side of the

5 line that are more restrictive than the conservation

6 and management recommendations and agreements

7 adopted by the Commission for the other side of the

8 line, then any fishing for Atlantic bluefin tuna with9 in 10 degrees of the line shall be conducted in com10 pliance with those more restrictive recommendations

11 and agreements.

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