IV 
House Calendar No. 114
108TH CONGRESS 
1ST SESSION 
H. CON. RES. 268
[Report No. 108–327] 
Expressing the sense of the Congress regarding the imposition of sanctions 
on nations that are undermining the effectiveness of conservation and 
management measures for Atlantic highly migratory species, including 
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 
JULY 25, 2003
Mr. SAXTON (for himself and Mr. GILCHREST) submitted the following 
concurrent resolution; which was referred to the Committee on Resources 
OCTOBER 28, 2003
Additional sponsors: Mr. PALLONE and Mr. FALEOMAVAEGA 
OCTOBER 28, 2003
Referred to the House Calendar and ordered to be printed 
CONCURRENT RESOLUTION 
Expressing the sense of the Congress regarding the imposi-
tion of sanctions on nations that are undermining the 
effectiveness of conservation and management measures 
for Atlantic highly migratory species, including marlin, 
adopted by the International Commission for the Con-
servation of Atlantic Tunas and that are threatening
•HCON 268 RH 
the continued viability of United States commercial and 
recreational fisheries.
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; 
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
•HCON 268 RH 
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—
(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-
•HCON 268 RH 
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-
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) if any vessel of a Commission member or 
nonmember fishes in the Convention area without 
conforming with the conservation, management, and 
enforcement recommendations adopted by the Com-
mission in such a manner or in such circumstances 
as would tend to diminish the effectiveness of Com-
mission fishery conservation recommendations, then 
such member or nonmember should be considered to 
be—
(A) subject to the regulations under sec-
tions 6(c)(4) and (5) of the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971d(c)(4) 
and (5)); and
•HCON 268 RH 
(B) subject to the provisions of the Com-
mission’s rules that ensure conformance with 
Commission recommendations by member and 
nonmembers; and 
(3) if any vessel fishes in such a manner or in 
such circumstances as would tend to diminish the ef-
fectiveness of international fishery conservation pro-
grams, then such action should be considered to be 
a fact that is certifiable under section 8(a)(1) of the 
Fishermen’s Protective Act of 1967 (22 U.S.C. 1978 
(a)(1)).