108TH CONGRESS
1ST SESSION
H. CON. RES. 268
CONCURRENT RESOLUTION
Expressing the sense of the Congress regarding the
imposition of sanctions on nations that are un-
dermining the effectiveness of conservation and
management measures for Atlantic highly migra-
tory species, including marlin, adopted by the
International Commission for the Conservation of
Atlantic Tunas and that are threatening the con-
tinued viability of United States commercial and
recreational fisheries.
108TH CONGRESS
1ST SESSION
H. CON. RES. 268
CONCURRENT RESOLUTION
Whereas some fishing vessels of members and nonmembers of
the International Commission for the Conservation of At-
lantic Tunas (hereinafter referred to as the ‘‘Commis-
sion’’) that fish in the Commission regulatory area have
not conformed with Commission recommendations for
some stocks, including those promoting the live release of
Atlantic marlin;
•HCON 268 EH
Whereas repeated nonconformance with Commission rec-
ommendations by fishing vessels of Commission members
and nonmembers undermines the effectiveness of the
Commission to establish, maintain, and enforce conserva-
tion measures, including rebuilding plans for overfished
species of fish that are under the Commission’s manage-
ment authority;
Whereas failure of Commission members to enforce Commis-
sion conservation and management measures, including
reductions in Atlantic marlin landings, threatens the con-
tinued viability of United States commercial and rec-
reational fishing industries and undermines conservation
goals;
Whereas the Commission has adopted a resolution that fur-
ther defines the scope of illegal, unregulated, and unre-
ported fishing activities by large-scale longline vessels in
the Commission regulatory area; and
Whereas such resolution includes provisions directing Com-
mission members and cooperating nonmembers to take
every possible action, consistent with relevant laws, to
prevent the engagement 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 conservation and
management measures: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of Congress that—
(1) the President should, consistent with statu-
tory authorities and international obligations—
•HCON 268 EH
(A) direct the United States Commis-
sioners to the International Commission for the
Conservation of Atlantic Tunas (in this resolu-
tion referred to as the ‘‘Commission’’) to seek
the establishment of effective conservation,
management, and enforcement measures for the
species under consideration at the 2003 Com-
mission meeting, including for Atlantic marlin;
(B) continue to encourage members and
nonmembers that fish in the Commission regu-
latory area to make every effort to end illegal,
unregulated, and unreported fishing, including
any fishing that is not in conformance with rel-
evant conservation recommendations adopted by
the Commission, including those concerning At-
lantic marlin landing reductions;
(C) make full use of all appropriate diplo-
matic mechanisms, relevant international laws
and agreements, and other appropriate mecha-
nisms to ensure conformance with conservation
recommendations for all species under the Com-
mission’s management authority, including At-
lantic marlin; and
(D) continue to encourage the Commission
to adopt conservation recommendations author-
•HCON 268 EH
izing the use of enforceable measures to prevent
those who fish in the Commission regulatory
area from taking actions that would undermine
the effectiveness of conservation and manage-
ment recommendations of the Commission;
(2) when the vessels of a country are being
used in the conduct of fishing operations in the Con-
vention area in a manner or in such circumstances
as would tend to diminish the effectiveness of the
conservation recommendations of the Commission,
the President and the Secretary of Commerce, con-
sistent with their statutory authorities and inter-
national obligations, should—
(A) exercise their authorities under the At-
lantic Tunas Convention Act of 1975 (16
U.S.C. 971 et seq.); and
(B) exercise their authorities under the
provisions of the Commission’s rules that en-
sure 
conformance 
with 
Commission 
rec-
ommendations by member and nonmembers;
and
(3) if nationals of a Commission member or
nonmember, directly or indirectly, are conducting
fishing operations in a manner or under cir-
cumstances which diminish the effectiveness of the
•HCON 268 EH
Commission’s fishery conservation programs, then
the Secretary of Commerce, consistent with inter-
national obligations, should certify that fact under
section 8(a)(1) of the Fishermen’s Protective Act of
1967 (22 U.S.C. 1978 (a)(1)).
Passed the House of Representatives October 28,
2003.
Attest:
Clerk.