16 U.S.C. § 1823 (CONSERVATION)
§ 1823. Congressional oversight of international fishery agreements
(a) In general
No governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement shall become effective with respect to the United States before the close of the first 120 days (excluding any days in a period for which the Congress is adjourned sine die) after the date on which the President transmits to the House of Representatives and to the Senate a document setting forth the text of such governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement. A copy of the document shall be delivered to each House of Congress on the same day and shall be delivered to the Clerk of the House of Representatives, if the House is not in session, and to the Secretary of the Senate, if the Senate is not in session.
(b) Referral to committees
Any document described in subsection (a) shall be immediately referred in the House of Representatives to the Committee on Merchant Marine and Fisheries, and in the Senate to the Committees on Commerce, Science, and Transportation and on Foreign Relations.
(c) Congressional procedures
(1) Rules of the House of Representatives and Senate
The provisions of this section are enacted by the Congress—
(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of fishery agreement resolutions described in paragraph (2), and they supersede other rules only to the extent that they are inconsistent therewith; and
(B) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, and in the same manner and to the same extent as in the case of any other rule of that House.
(2) “Fishery agreement resolution” defined
For purposes of this subsection, the term “fishery agreement resolution” refers to a joint resolution of either House of Congress—
(A) the effect of which is to prohibit the entering into force and effect of any governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement the text of which is transmitted to the Congress pursuant to subsection (a); and
(B) which is reported from the Committee on Merchant Marine and Fisheries of the House of Representatives or the Committee on Commerce, Science, and Transportation or the Committee on Foreign Relations of the Senate, not later than 45 days after the date on which the document described in subsection (a) relating to that agreement is transmitted to the Congress.
(3) Placement on calendar
Any fishery agreement resolution upon being reported shall immediately be placed on the appropriate calendar.
(4) Floor consideration in the House
(A) A motion in the House of Representatives to proceed to the consideration of any fishery agreement resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(B) Debate in the House of Representatives on any fishery agreement resolution shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit any fishery agreement resolution or to move to reconsider the vote by which any fishery agreement resolution is agreed to or disagreed to.
(C) Motions to postpone, made in the House of Representatives with respect to the consideration of any fishery agreement resolution, and motions to proceed to the consideration of other business, shall be decided without debate.
(D) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any fishery agreement resolution shall be decided without debate.
(E) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any fishery agreement resolution shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances.
(5) Floor consideration in the Senate
(A) A motion in the Senate to proceed to the consideration of any fishery agreement resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(B) Debate in the Senate on any fishery agreement resolution and on all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(C) Debate in the Senate on any debatable motion or appeal in connection with any fishery agreement resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover of the motion or appeal and the manager of the resolution, except that if the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. The majority leader and the minority leader, or either of them, may allot additional time to any Senator during the consideration of any debatable motion or appeal, from time under their control with respect to the applicable fishery agreement resolution.
(D) A motion in the Senate to further limit debate is not debatable. A motion to recommit any fishery agreement resolution is not in order.
(Pub. L. 94–265, title II, § 203, Apr. 13, 1976, 90 Stat. 340; Pub. L. 103–437, § 6(x), Nov. 2, 1994, 108 Stat. 4587; Pub. L. 104–297, title I, § 105(c), Oct. 11, 1996, 110 Stat. 3564.)
heading: Amendments
text: 1996—Pub. L. 104–297, § 105(c)(1), substituted “international” for “governing international” in section catchline.
Subsec. (a). Pub. L. 104–297, § 105(c)(2), (3), inserted “, bycatch reduction agreement, or Pacific Insular Area fishery agreement” after “international fishery agreement” in two places and substituted “120 days (excluding any days in a period for which the Congress is adjourned sine die)” for “60 calendar days of continuous session of the Congress”.
Subsec. (c). Pub. L. 104–297, § 105(c)(4), (5), redesignated subsec. (d) as (c) and struck out heading and text of former subsec. (c). Text read as follows: “For purposes of subsection (a) of this section—
“(1) continuity of session is broken only by an adjournment of Congress sine die; and
“(2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 60-day period.”
Subsec. (c)(2)(A). Pub. L. 104–297, § 105(c)(6), substituted “agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement” for “agreement”.
Subsec. (d). Pub. L. 104–297, § 105(c)(5), redesignated subsec. (d) as (c).
1994—Subsec. (b). Pub. L. 103–437, § 6(x)(1), substituted “Commerce, Science, and Transportation and on” for “Commerce and”.
Subsec. (d)(2)(B). Pub. L. 103–437, § 6(x)(2), substituted “Commerce, Science, and Transportation” for “Commerce”.
heading: Short Title of 1995 Amendment
text: Pub. L. 104–43, title V, § 501, Nov. 3, 1995, 109 Stat. 391, provided that: “This title [amending provisions set out below] may be cited as the ‘Sea of Okhotsk Fisheries Enforcement Act of 1995’.”
heading: Abolition of House Committee on Merchant Marine and Fisheries
text: Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to Committee on Resources of House of Representatives in case of provisions relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
heading: Governing International Fishery Agreement With Poland
text: Pub. L. 105–384, title I, § 101, Nov. 13, 1998, 112 Stat. 3451, provided that: “Notwithstanding section 203 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1823), the governing international fishery agreement between the Government of the United States of America and the Government of the Republic of Poland, as contained in the message to Congress from the President of the United States dated February 5, 1998, is approved as a governing international fishery agreement for the purposes of such Act [16 U.S.C. 1801 et seq.] and shall enter into force and effect with respect to the United States on the date of the enactment of this Act [Nov. 13, 1998].”
heading: Governing International Fishery Agreement With Republic of Estonia
text: Pub. L. 102–587, title I, § 1001, Nov. 4, 1992, 106 Stat. 5039, provided that the governing international fishery agreement between the Government of the United States of America and the Government of the Republic of Estonia, was approved by Congress as a governing international fishery agreement for purposes of this chapter and was to enter into force and effect with respect to the United States on Nov. 4, 1992.
heading: Fisheries Enforcement in Central Bering Sea and Central Sea of Okhotsk
text: Pub. L. 102–582, title III, Nov. 2, 1992, 106 Stat. 4906, as amended by Pub. L. 104–43, title V, § 502, Nov. 3, 1995, 109 Stat. 391; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, which provided that this title was to be cited as the “Central Bering Sea Fisheries Enforcement Act of 1992”, prohibited vessels and nationals of United States from conducting fishing operations in Central Bering Sea and Central Sea of Okhotsk, except where such fishing operations were conducted in accordance with international fishery agreement to which United States and Russian Federation were parties, further provided for civil penalties and permit sanctions for violations of these provisions as well as authority to deny port privileges for fishing in Central Bering Sea, further authorized Secretary of Commerce to issue regulations restricting fishing in United States exclusive economic zone, and further provided for definition of terms and that this title would cease to have force and effect after the date that is seven years after Nov. 2, 1992, except that any proceeding with respect to violations occurring prior to such date was to be conducted as if these provisions were still in effect.
heading: North Pacific and Bering Sea Fisheries Advisory Body
text: Pub. L. 100–629, § 5, Nov. 7, 1988, 102 Stat. 3287, provided that:
“(a) In General.—
The Secretary of State shall establish an advisory body on the fisheries of the North Pacific and the Bering Sea, which shall advise the United States representative to the International Consultative Committee created in accordance with Article XIV of the governing international fishery agreement entered into between the United States and the Union of Soviet Socialist Republics, as contained in the message to Congress from the President of the United States dated June 22, 1988.
“(b) Membership.—
“(1) In General.—
The advisory body established pursuant to this section shall consist of 12 members, as follows:
“(A) The Director of the Department of Fisheries of the State of Washington.
“(B) The Commission of the Department of Fish and Game of the State of Alaska.
“(C) Five members appointed by the Secretary of State from among persons nominated by the Governor of Alaska on the basis of their knowledge and experience in commercial harvesting, processing, or marketing of fishery resources.
“(D) Five members appointed by the Secretary of State from among persons nominated by the Governor of Washington on the basis of their knowledge and experience in commercial harvesting, processing, or marketing of fishery resources.
“(2) Nominations.—
The Governor of Alaska and the Governor of Washington shall each nominate 10 persons for purposes of paragraph (1).
“(c) Pay.—
Members of the advisory body established pursuant to this section shall receive no pay by reason of their service as members of the advisory body.
“(d) Exemption From Federal Advisory Committee Act.—
The Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not apply to an advisory body established pursuant to this section.”
heading: Governing International Fishery Agreement With Russian Federation
text: Pub. L. 103–206, title VII, § 701, Dec. 20, 1993, 107 Stat. 2446, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that: “The Agreement between the Government of the United States of America and the Government of the Russian Federation on Mutual Fisheries Relations which was entered into on May 31, 1988, and which expired by its terms on October 28, 1993, may be brought into force again for the United States through an exchange of notes between the United States of America and the Russian Federation and may remain in force and effect on the part of the United States until May 1, 1994, and may be amended or extended by a subsequent agreement to which section 203 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1823) applies.”
Pub. L. 100–629, § 1, Nov. 7, 1988, 102 Stat. 3286, provided that the governing international fishery agreement entered into between the Government of the United States and the Government of the Union of Soviet Socialist Republics was approved by Congress and was to enter into force and effect with respect to the United States on Nov. 7, 1988.
heading: Governing International Fishery Agreement With German Democratic Republic
text: Pub. L. 100–350, § 1, June 27, 1988, 102 Stat. 660, provided that extension of governing international fishery agreement between the Government of the United States of America and the Government of the German Democratic Republic was approved by Congress as a governing international fishery agreement for purposes of this chapter, and was to enter into force and effect with respect to the United States on June 27, 1988.
heading: Governing International Fishery Agreements With Iceland and the European Economic Community
text: Pub. L. 98–623, title I, Nov. 8, 1984, 98 Stat. 3394, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that:
“Notwithstanding section 203 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1823) [this section]—
“(1) the governing international fishery agreement between the Government of the United States and the European Economic Community Concerning Fisheries Off the Coasts of the United States, as contained in the Message to Congress from the President of the United States dated August 27, 1984, is hereby approved by Congress as a governing international fishery agreement for purposes of that Act [this chapter], and may enter into force with respect to the United States in accordance with the terms of Article XIX of the agreement after the date of the enactment of this title [Nov. 8, 1984], upon signature of the agreement by both parties; and
“(2) the governing international fishery agreement between the Government of the United States and the Government of the Republic of Iceland Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated September 29, 1984, is hereby approved by Congress as a governing international fishery agreement for purposes of that Act [this chapter], and may enter into force with respect to the United States in accordance with the terms of Article XVI of the agreement after the date of the enactment of this title [Nov. 8, 1984].”
heading: Governing International Fishery Agreement With Faroe Islands and Denmark
text: Pub. L. 98–498, title IV, § 440, Oct. 19, 1984, 98 Stat. 2310, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that:
“Notwithstanding section 203 of the Magnuson-Stevens Fishery Conservation and Management Act of 1976 [this section], the Governing International Fishery Agreement between the Government of the United States of America of the One Part and the Home Government of the Faroe Islands and the Government of Denmark of the Other Part Concerning Faroese Fishing in Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated July 13, 1984—
“(1) is approved by Congress as a governing international fishery agreement for purposes of that Act [this chapter]; and
“(2) may enter into force with respect to the United States in accordance with the terms of Article XVI of the Agreement following the enactment of this title [Oct. 19, 1984].”
heading: Governing International Fishery Agreement With Japan
text: Pub. L. 101–224, § 7, Dec. 12, 1989, 103 Stat. 1907, provided that the governing international fishery agreement entered into between the Government of the United States and the Government of Japan was approved by Congress and was to enter into force and effect with respect to the United States on Dec. 12, 1989.
Pub. L. 100–220, title I, § 1001, Dec. 29, 1987, 101 Stat. 1459, provided that the governing international fishery agreement between the Government of the United States of America and the Government of Japan Concerning Fisheries Off the Coasts of the United States was approved by Congress as a governing international fishery agreement for the purposes of this chapter, and was to enter into force and effect with respect to the United States on Dec. 29, 1987.
Pub. L. 97–389, title IV, § 401, Dec. 29, 1982, 96 Stat. 1954, provided that the governing international fishery agreement entered into between the Government of the United States and the Government of Japan pursuant to this chapter, signed at Washington on Sept. 10, 1982, was approved, and was effective on Jan. 1, 1983.
heading: Governing International Fishery Agreement With Spain
text: Pub. L. 97–389, title IV, § 402, Dec. 29, 1982, 96 Stat. 1954, provided for approval of the governing international fishery agreement entered into between the Government of the United States and the Government of Spain pursuant to this chapter.
heading: Governing International Fishery Agreement With Portugal
text: Pub. L. 96–561, title I, § 145, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3287, 3300, provided that the governing international fishery agreement between the Government of the United States of America and the Government of Portugal Concerning Fisheries Off the Coasts of the United States was approved by Congress as a governing international fishery agreement for the purposes of this chapter, and was to enter into force and effect with respect to the United States on Dec. 22, 1980.
heading: Extension of International Fishery Agreements
text: Pub. L. 100–66, § 1, July 10, 1987, 101 Stat. 384, provided that the governing international fishery agreement entered into between the Government of the United States and the Government of the Republic of Korea on July 26, 1982, was to remain in force and effect with respect to the United States until the closing date of the sixty-day period referred to in subsec. (a) of this section that applied with respect to any new governing international fishery agreement between the United States and the Republic of Korea that was transmitted to the Congress under subsec. (a) of this section after May 1, 1987, or Nov. 1, 1987, whichever was earlier.
Pub. L. 98–364, title I, § 106, July 17, 1984, 98 Stat. 442, provided that upon certification by Secretary of State to President of the Senate and Speaker of the House of Representatives that a new governing international fishery agreement in conformity with this chapter had been negotiated by the United States and the European Economic Community, the existing governing international fishery agreement referred to in section 2(a)(7) of Pub. L. 95–6, formerly set out below, could be extended or reinstated and could be in force and effect with respect to the United States, for the period of time ending on the earlier of (1) the effective date of the new governing international fishery agreement, or (2) Sept. 30, 1984.
Pub. L. 97–212, § 10(b), June 30, 1982, 96 Stat. 148, provided that the governing international fishery agreements referred to in section 2(a)(9) and (10) of Pub. L. 95–6, formerly set out below, were to be extended, and were to be in force and effect with respect to the United States, for the period of time ending on the deadline for completion of congressional review, pursuant to subsec. (a) of this section, of any new governing international fishery agreement signed, on or before July 31, 1982, by the United States and the respective foreign government that was a party to the agreement in question, or July 31, 1982, if the United States and the respective foreign government that was a party to the agreement in question failed to sign a new governing international fishery agreement on or before that date.
heading: Congressional Approval of Certain Governing International Fishery Agreements
text: Pub. L. 95–6, § 2, Feb. 21, 1977, 91 Stat. 15, as amended by Pub. L. 95–8, § 1, Mar. 3, 1977, 91 Stat. 18; Pub. L. 95–219, § 1, Dec. 28, 1977, 91 Stat. 1613; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 97–212, § 10(a), June 30, 1982, 96 Stat. 148; Pub. L. 98–44, title I, § 105, July 12, 1983, 97 Stat. 217; Pub. L. 98–364, title I, § 105, July 17, 1984, 98 Stat. 442, provided for the approval by Congress, as a governing international fishery agreement for purposes of this chapter, of the governing international fishery agreement between—
(1) the Government of the United States and the Government of the People’s Republic of Bulgaria Concerning Fisheries Off the Coasts of the United States;
(2) the Government of the United States and the Government of the Socialist Republic of Romania Concerning Fisheries Off the Coasts of the United States;
(3) the Government of the United States and the Government of the Republic of China Concerning Fisheries Off the Coasts of the United States;
(4) the Government of the United States and the Government of the German Democratic Republic Concerning Fisheries Off the Coasts of the United States;
(5) the Government of the United States and the Government of the Union of Soviet Socialist Republics Concerning Fisheries Off the Coasts of the United States;
(6) the Government of the United States and the Government of the Polish People’s Republic Concerning Fisheries Off the Coasts of the United States;
(7) the Government of the United States and the European Economic Community Concerning Fisheries Off the Coasts of the United States;
(8) the Government of the United States and the Government of Japan Concerning Fisheries Off the Coasts of the United States (for 1977);
(9) the Government of the United States and the Government of the Republic of Korea Concerning Fisheries Off the Coasts of the United States;
(10) the Government of the United States and the Government of Spain Concerning Fisheries Off the Coasts of the United States;
(11) the Government of the United States and the Government of Mexico Concerning Fisheries Off the Coasts of the United States;
(12) the Government of the United States and the Government of the Union of Soviet Socialist Republics referred to in par. (5), as extended until July 1, 1983, pursuant to Diplomatic Notes;
(13) the American Institute in Taiwan and the Coordination Council for North American Affairs;
(14) the Government of the United States and the Government of the Polish People’s Republic referred to in par. (6), as extended until July 1, 1983, pursuant to Diplomatic Notes;
(15) the Government of the United States and the Government of the Union of Soviet Socialist Republics referred to in par. (5), as extended until Dec. 31, 1985, pursuant to Diplomatic Notes;
(16) the Government of the United States and the Government of the Polish People’s Republic referred to in par. (6), as extended until Dec. 31, 1985, pursuant to Diplomatic Notes; and
(17) the Government of the United States and the Government of the German Democratic Republic referred to in par. (4);
and provided further that the agreements referred to in pars. (1) to (6) were to enter into force and effect with respect to the United States on Feb. 21, 1977, that the agreements referred to in pars. (7) to (11) were to enter into force and effect with respect to the United States on Feb. 27, 1977, that the agreements referred to in pars. (12) to (14) were to enter into force and effect with respect to the United States on July 1, 1982, that the agreements referred to in pars. (15) and (16) were to enter into force and effect with respect to the United States on July 1, 1984, and that the agreement referred to in par. (17) was to enter into force and effect with respect to the United States on July 1, 1983.
heading: Reciprocal Fisheries Agreement Between United States and Canada
text: Pub. L. 95–6, § 5, as added Pub. L. 95–73, July 27, 1977, 91 Stat. 283; amended Pub. L. 95–314, July 1, 1978, 92 Stat. 376; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided for congressional approval of the Reciprocal Fisheries Agreement for 1978 between the Government of the United States and the Government of Canada, and that the Agreement was to be in force and effect with respect to the United States from Jan. 1, 1978, until such later date in 1978 as was to be determined pursuant to the terms of the Agreement.