IB
Union Calendar No. 76
104TH CONGRESS
1ST SESSION
H. R. 541
[Report No. 104–109, Parts I and II]
To reauthorize the Atlantic Tunas Convention Act of 1975, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 17, 1995
Mr. SAXTON introduced the following bill; which was referred to the
Committee on Resources
MAY 1, 1995
Reported with an amendment, and referred to the Committee on Ways and
Means for a period ending not later than June 30, 1995, for consider-
ation of such provisions of the bill and amendment as fall within the ju-
risdiction of that committee pursuant to clause 1(s), rule X
[Strike out all after the enacting clause and insert the part printed in italic]
JUNE 27, 1995
Reported from the Committee on Ways and Means with amendments, commit-
ted to the Committee of the Whole House on the State of the Union, and
ordered to be printed
[Omit the part struck through in italic and insert the part printed in boldface roman]
[For text of introduced bill, see copy as introduced on January 17, 1995]
A BILL
To reauthorize the Atlantic Tunas Convention Act of 1975,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Atlantic Tunas Conven-
tion Act of 1995’’.
SEC. 2. RESEARCH AND MONITORING ACTIVITIES.
(a) REPORT TO CONGRESS.—The Secretary of Com-
merce 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 Commit-
tee on Resources of the House of Representatives—
(1) identifying current governmental and non-
governmental research and monitoring activities on
Atlantic bluefin tuna and other highly migratory spe-
cies;
(2) describing the personnel and budgetary re-
sources 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 inserting ‘‘(a) BIENNIAL REPORT
ON
BLUEFIN TUNA.—’’ before ‘‘The Secretary of Com-
merce shall’’; and
(3) 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 Act of 1995, the
Secretary of Commerce, in cooperation with the advi-
sory committee established under section 4 of the At-
lantic 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 in
this section as the ‘Commission’) and the Secretary of
State, shall develop and implement a comprehensive
research and monitoring program to support the con-
servation 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 Commis-
sion.
‘‘(2) The program shall provide for, but not be
limited to—
‘‘(A) statistically designed cooperative tag-
ging studies;
‘‘(B) genetic and biochemical stock analyses;
‘‘(C) 
population 
censuses 
carried 
out
through aerial surveys of fishing grounds and
known migration routes;
‘‘(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 fish-
ing tournaments, and programs to provide reli-
able 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) The Secretary of Commerce shall ensure
that personnel and resources of each regional research
center shall have substantial participation in the
stock assessments, research, and monitoring of highly
migratory species that occur in that region.
‘‘(4) In developing a program under this section,
the Secretary shall provide for comparable monitoring
of all United States fishermen to which this Act ap-
plies with respect to effort and species composition of
catch and discards. The Secretary through the Sec-
retary of State shall encourage other member nations
to adopt a similar program.’’.
SEC. 3. ADVISORY COMMITTEE PROCEDURES.
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 com-
mittee 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.
‘‘(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 orga-
nization, and prescribe its practices and procedures for car-
rying out its functions under this Act, the Magnuson Fish-
ery 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 Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the advisory committee.’’.
finds that such consultations have not concluded
satisfactorily or are not likely to conclude satis-
factorily, the President shall—
‘‘(i) direct the Secretary of the Treas-
ury to prohibit the importation into the
United States from the nation concerned of
fish and fish products of those species which
are subject to regulation pursuant to a rec-
ommendation of the Commission and which
were harvested within the Convention area;
and
‘‘(ii) upon the recommendation of the
Secretary, direct the Secretary of the Treas-
ury to prohibit the importation from the
nation concerned of such other fish and fish
products as may be necessary to carry out
the purposes of this subsection.
‘‘(B) In making a recommendation under
subparagraph (A)(ii), the Secretary shall take
into consideration the severity of the impacts of
fishing by fishing vessels of the nation concerned
on the effectiveness of a conservation or manage-
ment recommendation of the Commission.’’.
(2) by inserting the following after
paragraph (5):
‘‘(6) IDENTIFICATION
AND NOTIFICATION.—
Not later than January 1, 1996, and annually
thereafter, the Secretary shall—
‘‘(A) identify those nations whose fish-
ing vessels are fishing, or have fished
during the preceding calendar year, with-
in the Convention area in a manner that
is inconsistent with the objectives of a
conservation 
or 
management 
rec-
ommendation of the Commission;
‘‘(B) notify the President and the na-
tion so identified, including an expla-
nation of the reasons therefor; and
‘‘(C) publish a list of those nations
identified under subparagraph (A).
In identifying such nations, the Secretary
shall consider, based on the best available in-
formation, whether such nations have meas-
ures in place for reporting, monitoring, and
enforcement that are adequate and effective
to meet the obligations of the Convention.
‘‘(7) CONSULTATION.—Not later than 30
days after a nation is notified under para-
graph (6), the President may enter into con-
sultations 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 fish-
ing by fishing vessels of that nation with-
in the Convention area that is inconsist-
ent with the objectives of a conservation
or management recommendation of the
Commission; and
‘‘(B) when practicable, require the
government or fishing vessels of that na-
tion to mitigate the negative impacts of
that fishing on the effectiveness of a con-
servation or management recommenda-
tion of the Commission including, but not
limited to, by imposing deductions for
quota overages in subsequent years.’’.
SEC. 5. 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 Manage-
ment 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. 6. 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 pro-
vided in article X of the Convention, the following sums:
‘‘(1) For fiscal year 1996, $2,750,000, of which
$50,000 are authorized in the aggregate for the advi-
sory committee established under section 4 and the
species working groups established under section 4A,
and $1,500,000 are authorized for research activities
under this Act.
‘‘(2) For fiscal year 1997, $4,000,000 of which
$62,000 are authorized in the aggregate for such advi-
sory committee and such working groups, and
$2,500,000 are authorized for such research activities.
‘‘(3) For fiscal year 1998, $4,000,000, of which
$75,000 are authorized in the aggregate for such advi-
sory committee and such working groups, and
$2,500,000 are authorized for such research activi-
ties.’’.
SEC. 7. REPORT AND CERTIFICATION.
The Atlantic Tunas Convention Act of 1975 (16 U.S.C.
971 et seq.) is amended by adding at the end thereof the
following:
‘‘ANNUAL REPORT
‘‘SEC. 12. Not later than April 1, 1996, and annually
thereafter, the Secretary, in consultation with the Secretary
of State and the advisory committee established under sec-
tion 4, shall prepare and transmit to the Committee on Re-
sources 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 mi-
gratory 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) describes the results of efforts by the United
States to negotiate with other nations whose fishing
vessels are fishing or have fished in the previous year
within the Convention area to establish reporting,
monitoring, and enforcement measures that are com-
parable to those in effect for the United States pursu-
ant to adequate and effective to meet the
obligations of the Convention;
‘‘(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, es-
tablished 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 sections 6 and 13 section 6.
‘‘CERTIFICATION
‘‘SEC. 13. (a) After January 1, 1997, if the Secretary
determines that any nation with which negotiations were
held pursuant to section 12(2) has not established or is not
likely to establish reporting, monitoring, and enforcement
measures that are comparable to those in effect for the Unit-
ed States pursuant to the Convention, the Secretary shall
certify that fact to the President and notify the nation of
the certification.
‘‘(b) Within 60 days after the date of receiving a cer-
tification under subsection (a) regarding a nation, the
President shall direct the Secretary of the Treasury to limit
the importation from the nation of fish and fish products
of those species which are subject to a regulation pursuant
to a recommendation of the Commission, to levels that are
consistent with the applicable harvest or fishing mortality
levels recommended by the Commission.
‘‘REMOVAL OF PROHIBITIONS
‘‘SEC. 14. If the President finds that the reasons for
the imposition of any prohibition under section 6 or any
limitation on importation under section 13 no longer pre-
vail, the President shall direct the Secretary of the Treasury
to promptly terminate such prohibition or limitation.
‘‘SAVINGS CLAUSES
‘‘SEC. 15. (a) Nothing in this Act shall have the effect
of diminishing the rights and obligations of any nation
under Article VIII(3) of the Convention.
‘‘(b) Nothing in this Act shall have the effect of dimin-
ishing the rights and obligations of the United States as
set forth in the General Agreement on Tariffs and Trade.’’.
‘‘SAVINGS CLAUSES
‘‘SEC. 13. (a) Nothing in this Act shall have
the effect of diminishing the rights and obli-
gations of any nation under Article VIII(3) of
the Convention.
‘‘(b) Nothing in this Act shall have the ef-
fect of diminishing the rights of the United
States, or of requiring the United States to
take any action that is inconsistent with Unit-
ed States obligations, under the Convention
or under the Agreement Establishing the
World Trade Organization entered into on
April 15, 1994, and the agreements annexed to
that Agreement that are set forth in section
101(d) of the Uruguay Round Agreements
Act.’’.
SEC. 8. SENSE OF THE CONGRESS WITH RESPECT TO ICCAT
NEGOTIATIONS.
(a) SHARING OF CONSERVATION BURDEN.—It is the
sense of the Congress that in future ICCAT negotiations,
the Secretary of Commerce shall ensure that the conserva-
tion actions recommended by international commissions
and implemented by the Secretary for United States com-
mercial and recreational fishermen provide fair and equi-
table sharing of the conservation burden among all con-
tracting 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 Com-
missioners to add enforcement provisions similar to the
bluefin tuna sanctions.
(c) ENHANCED MONITORING.—It is further the sense
of the Congress that the National Oceanic and Atmospheric
Administration and 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.