High Seas Driftnet Fisheries Enforcement Act
PL 102-582 (H.R.2152), enacted 11/02/1992

106 STAT. 4900 
PUBLIC LAW 102-582—NOV. 2, 1992 
Public Law 102-582 
102d Congress 
An Act 
Nov. 2, 1992 
[H.R. 2152] 
High Seas 
Driftnet 
Fisheries 
Enforcement 
Act. 
16 use 1801 
note. 
16 use 1826a 
note. 
To enhance the eifectiveness of the United Nations international driftnet fishery 
conservation program. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the 'High Seas Driftnet Fisheries 
Enforcement Act". 
SEC. 2. FINDINGS AND POUCY. 
(a) FlNDlNGS.^—Congress makes the following findings: 
(1) Large-sc£de driftnet fishing on the high seas is highly 
destructive to the living marine resources and ocean ecosystems 
of the world's oceans, including anadromous fish and other 
living marine resources of the United Stetes. 
(2) The cumulative effects of large-scale driftnet fishing 
pose a significant threat to the marine ecosystem, and slow-
reproducing species like marine mammals, sharks, and seabirds 
may require many years to recover. 
(3) Members of the international commimity have reviewed 
the best available scientific date on the impacte of large-scale 
pelagic driftnet fishing, and have failed to conclude that this 
practice has no significant adverse impacts which threaten 
the conservation and sustainable management of living marine 
resources. 
(4) The United Nations, via General Assembly Resolutions 
nimibered 44-225, 45-197, and most recently 46-215 (adopted 
on December 20, 1991), has called for a worldwide moratoriiun 
on all high seas driftnet fishing by December 31, 1992, in 
all the world's oceans, including enclosed seas and semi-
enclosed seas. 
(5) The United Nations has commended the unilateral, 
regional, and international efforte undertaken by members of 
the international community and international organizations 
to implement and support the objectives of the General Assem-
bly resolutions. 
(6) Operative paragraph (4) of United Nations General 
Assemblv Resolution numbered 46-215 specifically ''encourages 
all members of the international community to take measures 
individually and collectively to prevent large-scale pelagic 
driftnet fishing operations on the high seas of the world's 
oceans and seas" 
(7) The United Stetes, in section 307(1XM) of the Magnuson 
Fishery Conservation 
and Management Act (16 U.S.C. 
1857(1XM)), has specifically prohibited the practice of large-
scale driftnet fishing by United Stetes nationals and vessels 
both within the exclusive economic zone of the United Stetes 
and beyond the exclusive economic zone of any nation. 
PUBLIC LAW 102-582—NOV. 2, 1992 
106 STAT. 4901 
(8) The Senate, through Senate Resolution 396 of the One 
Hundredth Congress (approved on March 18, 1988), has called 
for a moratorium on nsning in the Central Bering Sea and 
the United States has taken concrete steps to implement such 
moratorium through international negotiations. 
(9) Despite the continued evidence of a decline in the fishery 
resources of the Bering Sea and the multiyear cooperative 
negotiations imdertaken by the United States, the Russian 
Federation, Japan, and other concerned fishing nations, some 
nations refuse to agree to measures to reduce or eliminate 
unregulated fishing practices in the waters of the Bering Sea 
beyond the exclusive economic zones of the United States and 
the Riissian Federation. 
(10) In order to ensure that the global moratorium on 
large-scale driftnet fishing called for in United Nations General 
Assembly Resolution numbered 46-215 takes effect by Decem-
ber 31, 1992, and that imregulated fishing practices in the 
waters of the Central Bering Sea are reduced or eliminated, 
the United States should take the actions described in this 
Act and encourage other nations to take similar action. 
(b) PouCY.—It IS the stated policy of the United States to— 
(1) implement United Nations General Assembly Resolution 
nimibered 46-215, approved unanimously on December 20, 
1991, which calls for an immediate cessation to further expan-
sion of l€urge-scale driftnet fishing, a 50 percent reduction in 
existing large-scale driftnet fishing effort by Jime 30, 1992, 
and a glob^ moratoriimi on the use of lar^e-scsde driftnets 
beyond the exclusive economic zone of any nation by December 
31,1992; 
(2) bring about a moratorium on fishing in the Central 
Bering Sea, or an international conservation and management 
agreement to which the United States and the Russian Federa-
tion are parties that regulates fishing in the Central Bering 
Sea; and 
(3) secure a permanent ban on the use of destructive fishing 
practices, and in particular large-scale driftnets, by persons 
or vessels fishing beyond the exclusive economic zone of any 
nation. 
TITLE I—HIGH SEAS LARGE-SCALE DRIFTNET FISHING 
SEC. 101. DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH 
16 USC 1826a. 
SEAS LARGE-SCALE DRIFTNET FISHING. 
(a) DENIAL OF PORT PRIVILEGES.— 
(1) PUBUCATION OF UST.—Not later than 30 days after 
the date of enactment of this Act and periodically thereafter, 
the Secretary of Commerce, in consultation with the Secretary 
of State, shall publish a list of nations whose nationals or 
vessels conduct large-scale driftnet fishing beyond the exclusive 
economic zone of any nation. 
(2) DENIAL OF PORT PRIVILEGES.—The Secretary of the 
Treasury shall, in accordance with recognized principles of 
international law— 
(A) withhold or revoke the clearance required by sec-
tion 4197 of the Revised Statutes of the United States 
(46 App. U.S.C. 91) for any large-scale driftnet fishing 
vessel that is documented under the laws of the United 
106 STAT. 4902 
PUBLIC LAW 102-582—NOV. 2, 1992 
President. 
President. 
States or of a nation included on a list published under 
paragraph (1); and 
(B) deny entry of that vessel to any place in the United 
States and to the navigable waters of the United States. 
(3) NOTIFICATION OF NATION.—Before the pubUcation of 
a hst of nations under paragraph (1), the Secretary of State 
shall notify each nation included on that list regarding— 
(A) the effect of that publication on port privileges 
of vessels of that nation under paragraph (1); and 
(B) any sanctions or requirements, under this Act or 
any other law, that may be imposed on that nation if 
nationals or vessels of that nation continue to conduct 
large-scale driftnet fishing beyond the exclusive economic 
zone of any nation after December 31,1992. 
(b) SANCTIONS.— 
(1) IDENTIFICATIONS.— 
(A) INITIAL IDENTIFICATIONS.—^Not later than January 
10,1993, the Secretary of Cbmmerce shall— 
(i) identify each nation whose nationals or vessels 
are conducting large-scale driftnet fishing beyond the 
exclusive economic zone of any nation; and 
(ii) notify the President and that nation of the 
identification under clause (i). 
(B) ADDITIONAL IDENTIFICATIONS.—At any time after 
January 10, 1993, whenever the Secretary of Commerce 
has reason to believe tiiat the nationals or vessels of any 
nation are conducting large-sctde driftnet fishing beyond 
the exclusive economic zone of any nation, the Secretary 
of Commerce shall— 
(i) identify that nation; and 
(ii) notify the President and that nation of the 
identification under clause (i). 
(2) CONSULTATIONS.—Not later than 30 days afl^er a nation 
is identified under pturagraph (IXB), the President shall enter 
into consultations with the government of that nation for the 
purpose of obtaining an agreement that will efiTect the imme-
diate 
termination 
of large-scale driftnet fishing by the nationals 
or vessels of that nation beyond the exclusive economic zone 
of any nation. 
(3) PROHIBITION ON IMPORTS OF FISH AND FISH PRODUCTS 
AND SPORT FISHING EQUIPMENT.— 
(A) PROHIBITION.—The President— 
(i) upon receipt of notification of the identification 
of a nation under paragraph (IXA); or 
(ii) if the consultetions with the government of 
a nation under paragraph (2) are not satisfactorily 
concluded within ninety days, shall direct the Secretary 
of the Treasury to prohibit the importation into the 
United Stetes of fish and fish products and sport fish-
ing equipment (as that term is defined in section 4162 
of the Internal Revenue Code of 1986 (26 U.S.C. 4162)) 
firom that nation. 
(B) IMPLEMENTATION OF PROHIBITION.—With respect 
to an import prohibition directed under subparagraph (A), 
the Secretary of the Treasury shall implement sudi prohibi-
tion not later than the date that is forty-five days after 
PUBLIC LAW 102-582—NOV. 2, 1992 
106 STAT. 4903 
the date on which the Secretary has received the direction 
from the President. 
(C) PUBLIC NOTICE OF PROHIBITION.—Before the effec-
tive date of any import prohibition under this paragraph, 
the Secretary of the Treasury shall provide public notice 
of the impending prohibition. 
(4) ADDITIONAL ECONOMIC SANCTIONS.— 
(A) 
DETERMINATION OF EFFECTIVENESS OF SANC-
TIONS.—^Not later than six months after the date the Sec-
retary of Commerce identifies a nation under paragraph 
(1), the Secretary shall determine whether— 
(i) any prohibition established under paragraph 
(3) is insufiacient to cause that nation to terminate 
large-scale driftnet fishing conducted by its nationals 
and vessels beyond the exclusive economic zone of any 
nation; or 
(ii) that nation has retaliated against the United 
States as a result of that prohibition. 
(B) CERTIFICATION.—The Secretary of Commerce shall 
certify to the President each affirmative determination 
under subparagraph (A) with respect to a nation. 
(C) EFFECT OF CERTIFICATION.—Certification by 
the 
Secretary of Commerce under subparagraph (B) is deemed 
to be a certification under section 8(a) of the Fishermen's 
Protective Act of 1967 (22 U.S.C. 1978(a)), as amended 
by this Act. 
SEC. 102. DURATION OF DENIAL OF PORT PRIVILEGES AND SANC- 16 USC 1826b. 
TIONS. 
Any denial of port privileges or sanction under section 101 
with respect to a nation shall remain in effect until such time 
as the Secretary of Commerce certifies to the President and the 
Congress that such nation has terminated large-scale drifiuet fish-
ing oy its nationals and vessels beyond the exclusive economic 
zone of any nation. 
SEC. 108. REQUIREAIENTS UNDER BIARINE MAMMAL PROTECTION ACT 
OF 1972. 
Section 101(aX2) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1371(aX2)) is amended— 
(1) in subparagraph (EXi) by striking "July 1, 1992" and 
inserting in lieu thereof "January 1,1993"; and 
(2) in the last sentence b^ inserting ", except that, until 
January 1, 1994, the term *driftnet' does not include tne use 
in the northeast Atlantic Ocean of gillnets with a total length 
not to exceed five kilometers if tiie use is in accordance with 
regulations adopted by the European Community pursuant to 
the October 28, 1991, decision by the Coimcil of Fisheries 
Ministers of the (Community" immediately after "(16 U.S.C. 
1822 note)". 
SEC. 104. DEFINITIONS. 
16 USC 1826c. 
In this title, the following definitions apply: 
(1) FISH AND FISH PRODUCTS.—The term "fish and fish 
products" means any aquatic species (including marine mam-
mals and plants) and all products thereof exported firom a 
nation, whether or not taken by fishing vessels of that nation 
106 STAT. 4904 
PUBLIC LAW 102-582—NOV. 2, 1992 
or packed, processed, or otherwise prepared for export in that 
nation or within the jurisdiction thereof 
(2) LARGE-SCALE DRIFTNET FISHING.— 
(A) IN GENERAL.—^Except as provided in subparagraph 
(B), the term "large-scale driftnet fishing^ means a method 
of fishing in which a gillnet composed of a panel or panels 
of webbing, or a series of such gillnets, with a total length 
of two and one-half kilometers or more is placed in the 
water and allowed to drift with the currents and winds 
for the purpose of entangling fish in the webbing. 
(B) EXCEPTION.—Until January 1, 1994, the term 
"large-scale driftnet fishing^ does not include the use in 
the northeast Atlantic Ocean of gillnets with a total length 
not to exceed five kilometers if the use is in accordance 
with regulations adopted by the European Commimit^ 
pursuant to the October 28, 1991, decision by the Council 
of Fisheries Ministers of the Community. 
(3) LARGE-SCALE DRIFTNET FISHING VESSEL.—The term 
"large-scale driftnet fishing vessel" means any vessel which 
is— 
(A) used for, equipped to be used for, or of a t3rpe 
which is normally used for lar^e-scale driftnet fishing; or 
(B) used for aiding or assisting one or more vessels 
at sea in the performance of large-scale driftnet fishing, 
including preparation, 
supply, storage, 
refrigeration, 
transportation, or processing. 
TITLE II—FISHERIES CONSERVATION PROGRAMS 
SEC. 201. IMPORT RESTRICTIONS UNDER FISHERMEN'S PROTECTIVE 
ACT OF 1967. 
(a) PRODUCTS SUBJECT TO RESTRICTION.—Section 8 of the Fish-
ermen's Protective Act of 1967 (22 U.S.C. 1978) is amended— 
(1) in subsection (aX4) by striking "fish products" and all 
that follows through "such duration , and mserting in lieu 
thereof "any products from the offending country for any 
duration"; 
(2) in subsection (c) by striking "fish products or wildlife 
products" and inserting in lieu thereof "products"; 
(3) in subsection (eX2) by striking fish products and wild-
life products" and inserting in Ueu thereof "products"; and 
(4) in subsection (f)— 
(A) in paragraph (1) by striking "fish products and 
wildlife products^ and inserting in lieu thereof "products"; 
and 
(B) in paragraph (5)— 
(i) in the first sentence by striking "fish products 
and wildlife products" and inserting in lieu thereof 
"products"; and 
(ii) in the second sentence by striking "Fish prod-
ucts and wildlife products" and inserting in lieu thereof 
"Products". 
(b) DEFINITIONS.—Section 8(h) of the Fishermen's Protective 
Act of 1967 (22 U.S.C. 1978(h)) is amended— 
(1) by amending paragraph (2) to read as follows: 
"(2) The term 'United states' means the several States, 
the District of Columbia, Puerto Rico, the Northern Mariana 
PUBLIC LAW 102-582—NOV. 2, 1992 
106 STAT. 4905 
Islands, American Samoa, Guam, the ^^rgin Islands, and every 
other territory and possession of tiie UnitMl States."; 
(2) in paragraph (3)— 
(A) by inserting 'l>ilateral or" immediately before 
'Multilateral"; and 
(B) by inserting ", including marine mammals" imme-
diately after ''protect the living resources of the sea"; 
(3) by striking paragraphs (4) and (6); 
(4) by redesignating paragraphs (5) and (7) as paragraphs 
(4) and (5), respectively; and 
(5) by amending paragraph (5), as so redesignated, to read 
as follows: 
"(5) The term taking*, as used with respect to animals 
to whidi an international program for endangered or threatened 
species apphes, means to— 
^A) harass, harm, pursue, hunt, shoot, wound, kill, 
trap, capture, or collect; or 
"(B) attempt to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect.". 
SEC. 202. ENFORCEMENT. 
16 USC 1861 
(a) IN GENERAL.—^Not later than six months after the date 
of the enactment of this Act, the Secretary of the department 
in which the Coast Guard is operating, the Secretary of Commerce, 
and the Secretary of Defense shall enter into an agreement under 
section 311(a) of the Magnuson Fishery Conservation and Manage-
ment Act (16 U.S.C. 1861(a)) in order to make more effective tiie 
enforcement of domestic laws and international agreements that 
conserve and manage the living marine resources of the United 
States. 
(b) TERMS.—^The agreement entered into under subsection (a) 
shall include— 
(1) procedures for identifying and providing the location 
of vessels that are in violation of domestic laws or international 
agreements to conserve and manage the Uving marine resources 
of the United States; 
(2) requirements for the use of the surveillance capabiUties 
of the Department of Defense; and 
(3) procedures for communicating vessel locations to the 
Secretary of Commerce and the Coast Guard. 
SEC. 203. TRADE NEGOTIATIONS AND THE ENVIRONMENT. 
It is the sense of the Congress that the President, in carrying 
out multilateral, bilateral, and regional trade negotiations, should 
seek to— 
(1) address environmental issues related to the negotia-
tions; 
(2) modify articles of the General Agreement on Tariffs 
and Trade (referred to in this section as 'KxATT") to take 
into consideration the national environmental laws of the GATT 
Contracting Parties and international environmental treaties; 
(3) secure a working party on trade and the environment 
within GATT as soon as possible; 
(4) take an active role in developing trade poUdes that 
make GATT more responsive to national and international 
environmental concerns; 
106 STAT. 4906 
PUBLIC LAW 102-582—NOV. 2, 1992 
Central Bering 
Sea Fisheries 
Enforcement 
Act of 1992. 
16 use 1823 
note. 
Federal 
Register, 
publication. 
(5) include Federal agencies with environmental expertise 
during the negotiations to determine the impact of the proposed 
trade agreements on national environmental law; and 
(6) periodically consult with interested parties concerning 
the progress of the negotiations. 
TITLE III—FISHERIES ENFORCEMENT IN CENTRAL BERING 
SEA 
SEC. 301. SHORT TITLE. 
This title may be cited as the "Central Bering Sea Fisheries 
Enforcement Act of 1992". 
SEC. 302. PROmBITION APPUCABLE TO UNITED STATES VESSELS AND 
NATIONALS. 
(a) PROHIBITION.—^Vessels and nationals of the United States 
are prohibited from conducting fishing operations in the Central 
Bering Sea, except where such fishing operations are conducted 
in accordance with an international fishery agreement to which 
the United States and the Russian Federation are parties. 
(b) CIVIL PENALTIES AND PERMIT SANCTIONS.—A violation of 
this section shall be subject to civil penalties and permit sanctions 
under section 308 of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1858). 
SEC. 303. PORT PRIVILEGES DENIAL FOR FISHING IN CENTRAL BERING 
SEA. 
(a) DENIAL OF PORT PRIVILEGES.—The Secretary of the Treasiiry 
shall, after December 31, 1992, in accordance with recognized prin-
ciples of international law— 
(1) withhold or revoke the clearance required by section 
4197 of the Revised Statutes of the United States (46 App. 
U.S.C. 91) for £uiy fishing vessel documented under the laws 
of a nation that is included on a list published under subsection 
(b); and 
(2) deny entry of such fishing vessel to any place in the 
United States sind to the navigable waters of the United States. 
(b) PUBUCATION OF LiST.—Not later than forty-five days after 
the date of enactment of this Act, the Secretary of Commerce, 
in consultation with the Secretary of State and the Secretary of 
the department in which the Coast Guard is operating, shall publish 
in the Federal Register a list of nations whose nationals or vessels 
conduct fishing operations in the Central Bering Sea, except where 
such fishing operations are in accordance with an international 
fishery agreement to which the United States and the Russian 
Federation are parties. The Secretary shall publish as an addendum 
to the Ust the name of each vessel documented under the laws 
of each listed nation which conducts fishing operations in the 
Central Bering Sea. A revised list shall be published whenever 
the list is no longer acciurate, except that a nation may not be 
removed from the list luiless— 
(1) the nationals and vessels of that nation have not con-
ducted fishing operations in the Central Bering Sea for the 
previous ninety days and the nation has committed, through 
a bilateral agreement with the United States or in any other 
manner acceptable to the Secretary of Commerce, not to permit 
its nationals or vessels to resume such fishing operations; or 
PUBLIC LAW 102-582—NOV. 2, 1992 
106 STAT. 4907 
(2) the nationals and vessels of that nation are conducting 
fishing operations in the Central Bering Sea that are in accorcU 
ance with an international fishery agreement to which the 
United States and the Russian Federation are parties. 
(c) NOTIFICATION OF NATION.—^Before the publication of a list 
of nations under subsection (b), the Secretary of State shall notify 
each nation included on that list and explain tiie requirement 
to deny the port privileges of fishing vessels of that nation under 
subsection (a) as a result of such publication. 
SEC. 304. DURATION OF PORT PRIVILEGES DENIAL. 
Any denial of port privileges under section 303 with respect 
to any fishing vessel of a nation shall remain in effect until such 
nation is no longer listed under section 303G)). 
SEC. 305. RESTRICTION ON FISHING IN UNITED STATES EXCLUSIVE 
ECONOMIC ZONK 
(a) REGULATIONS.—^Within one hundred and eighty days after 
the date of enactment of this Act, afi;er notice and pubuc comment, 
the Secretary of Commerce shall issue regulations, under the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.) and any other applicable law, to prohibit— 
(1) any permitted nsning vessel firom catching, taking, or 
harvesting fish in a fishery under the geographical authority 
of the North Pacific Fishery Management Council if such vessel 
is owned or controlled by any person that also owns or controls 
a fishing vessel that is listed on the addendum under section 
303(b); 
(2) any processing facility 
firom 
receiving any fish caught, 
taken, or harvested in a fishery under the geographical author-
ity of the North Pacific Fishery Management Council if such 
facility is owned or controlled by any person that also owns 
or controls a fishing vessel that is listed on the addendum 
under section 303(b); and 
(3) any permitted fishing vessel 
firom 
delivering fish caught, 
taken, or narvested in a 
fishenr 
under the geographic authority 
of the North Pacific Fisherv Management Council to a process-
ing faciUty that is owned or controlled by any person that 
also owns or controls a fishing vessel that is listed on the 
addendum under section 303(b). 
(b) REQUIREMENT FOR SUBMISSION OF DOCUMENTS.—The Sec-
retary of Commerce shall require under any regulations issued 
under subsection (a) the submission of any affidavits, financial 
statements, corporate agreements, and other documents that the 
Secretary of Commerce determines, afi^r notice and pubUc com-
ment, are necessary to ensure that all vessels and processing facili-
ties are in compUance with this section. 
(c) APPEALS; DURATION OF PROHIBITIONS.—The regulations 
issued under subsection (a) shall— 
(1) estabUsh procedures for a person to appeal a decision 
to impose a proMbition under subsection (a) on a vessel or 
processing facility owned or controlled by tliat person; and 
(2) specify procedures for the removal of any prohibition 
imposed on a vessel or processing facility under subsection 
(a)-— 
(A) upon publication of a revised list under section 
303(b), and a revised addendum which does not include 
a fishing vessel owned or controlled by the person who 
106 STAT. 4908 
PUBLIC LAW 102-582—NOV. 2, 1992 
also owns or controls the vessel or facility to which the 
prohibition appUes; or 
(B) on the date that is ninety days after such person 
terminates ownership and control in fishing vesselis that 
are listed on the addendum under section 303(b). 
SEC. 306. DEFINITIONS. 
In this title, the following definitions apply: 
(1) CENTRAL BERING SEA.—The term "Central Bering Sea" 
means the central Bering Sea area which is more than two 
hundred nautical miles seaward of the baselines firom which 
the breadth of the territorial seas of the United States and 
the Russian Federation are measured. 
(2) FISHING VESSEL.—The term "fishing vessel' means any 
vessel which is used for— 
(A) catching, taking, or harvesting 
fish; 
or 
(B) aiding or assisting one or more vessels at sea 
in the performance of fishing operations, including prepara-
tion, supply, storage, refrigeration, transportation, or 
processing. 
(3) OWNS OR CONTROLS.—^When used in reference to a 
vessel or processing facility— 
(A) the term "owns" means holding legal title to the 
vessel or processing facility; and 
(B) the term "controls" includes an absolute right to 
direct the business of the person owning the vessel or 
processing facility, to limit the actions of or replace the 
chief executive officer (by whatever title), a mtgority of 
the board of directors, or any general partner (as applicable) 
of such person, to direct the transfer or operations of the 
vessel or processing facility, or otherwise to exercise author-
ity over the business of such person, but the term does 
not include the right simply to participate in those activities 
of such person or the right to receive a financial return, 
such as interest or the equivalent of interest, on a loan 
or other 
financing 
obligation. 
(4) PERMITTED FISHING VESSEL.—The term "permitted fish-
ing vessel" means any fishing vessel that is subject to a permit 
issued by the Secretary of Commerce imder the Magnuson 
Fishery Conservation and Management Act (16 U.S.CJ. 1801 
etseq.). 
(5) PERSON.—^The term "person" means any individual 
(whether or not a citizen of the United States), any corporation, 
partnership, association, cooperative, or other entity (whether 
or not organized under the laws of any State), and any State, 
local, or foreign government, or any entity of such government 
or the Federtu Government. 
(6) PROCESSING FACILITY.—The term "processing faciUty" 
means any fish processing estabUshment or fish processing 
vessel that receives unprocessed fish. 
SEC. 307. TERMINATION. 
This title shall cease to have force and effect after the date 
that is seven years after the date of enactment of this Act, except 
that £ui^ proceeding with respect to violations of section 302 occur-
ring prior to such termination date shall be conducted as if that 
section were still in efiect. 
PUBLIC LAW 102-582—NOV. 2, 1992 
106 STAT. 4909 
TITLE IV—MISCELLANEOUS PROVISIONS 
SEC. 401. INTERMEDIARY NATIONS INVOLVED IN EXPORT OF CERTAIN 
TUNA PRODUCTS. 
(a) INTERMEDIARY NATION DEFINED.—Section 3 of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1362) is amended by 
redesignating paragraphs (5) through (14) as paragraphs (6) 
through (15), respectively, and by inserting immediately after para-
graph (4) the following new paragraph: 
"(5) The term 'intermediary nation' means a nation that 
exports yellowfin tuna or yellomin tuna products to the United 
States and that imports yellowfin tuna or yellowfin tuna prod-
ucts that are subject to a direct ban on importation into the 
United States pursuant to section 101(aX2XB).''. 
(b) EMBARGO ON IMPORTS FROM INTERMEDIARY NATIONS.—Sec-
tion 101(aX2XC) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1371(aX2XC)) is amended to read as follows: 
"(C) shall require the government of any intermediary 
nation to certify and provide reasonable proof to the Secretary 
that it has not imported, within the preceding six months, 
any yellowfin tima or yellowfin tuna products that are subject 
to a direct ban on importation to the United Stetes under 
subparagraph (B);". 
SEC. 402. AUTHORITY TO EXTEND REEMPLOYMENT RIGHTS. 
For purposes of employee rights and entitlements conferred 
by or pursuant to subchapter IV of chapter 35 of title 5, United 
Stetes Code, the Secretary of Stete may, notwithstanding any other 
law or regulation, extend the reemployment righto of an employee 
of the United States who, as of January 1, 1992, was serving 
with the Intergovernmental Panel on Climate Change. Such exten-
sion may be made for two years, and may be fiurther extended 
for one year, if the Secretary of State determines that such service 
is in the national interest and is necessary to facilitete the activities 
of the Intergovernmental Panel on Climate Change or any successor 
organization. 
SEC. 403. LIMITATION ON TERMS OF VOTING MEMBERS OF REGIONAL 
FISHERY MANAGEMENT COUNCILS. 
Section 302(bX3) of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1852(bX3)) is amended by striking 
"January 1, 1986" the second place it appears and inserting in 
lieu thereof "December 31,1987". 
SEC. 404. OBSERVER FEE FOR NORTH PACIFIC FISHERIES RESEARCH 
PLAN. 
Section 313(bX2XE) of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1862(bX2XE)) is amended by striking 
"one percentum, of the" and inserting in lieu thereof "2 percent, 
of the unprocessed ex-vessel". 
TITLE V—FEES 
SEC. 501. RECREATIONAL BOAT TAX REPEAL. 
(a) IN GENERAL.— 
(1) SCOPE OF FEE.—Section 2110(bXl) of title 46, United 
States Code, is amended— 
106 STAT. 4910 
PUBLIC LAW 102-582—NOV. 2, 1992 
(A) by striking -1991, 1992, 1993, 1994, and 1995", 
and inserting in lieu thereof''1993 and 1994"; and 
(B) by striking "that is greater than 16 feet in length" 
and inserting in ueu thereof "to which paragraph (2) of 
this subsection applies". 
(2) AMOUNT OF FEE.—Section 2110(bX2) of title 46, United 
States Code, is amended to read as follows: 
"(2) The fee or charge established under paragraph (1) 
of this subsection is as follows: 
"(A) m fiscal year 1993— 
"(i) for vessels of more than 21 feet in length 
but less than 27 feet, not more than $35; 
"(ii) for vessels of at least 27 feet in length but 
less than 40 feet, not more than $50; and 
"(iii) for vessels of at least 40 feet in length, not 
more than $100. 
"(B) in fiscal year 1994— 
"(i) for vessels of at least 37 feet in length but 
less than 40 feet, not more than $50; and 
"(ii) for vessels of at least 40 feet in length, not 
more than $100."; 
46 use 2110 
(b) EFFECTIVE DATE.—^The amendments made by this section 
"°*« 
are eflTective October 1,1992. 
46 use app. 
SEC. S02. AUTOMATED TARIFF FILING AND INFORMATION SYSTEM. 
(a) DEFINITIONS.—^In this section, the following definitions 
apply: 
(1) COMMISSION.—The term "Commission" means the Fed-
eral Maritime Commission. 
(2) COMMON CARRIER.—^The term "common carrier" means 
a common carrier under section 3 of the Shipping Act of 1984 
(46 App. U.S.C. 1702), a common carrier by water in interstate 
commerce under the Shipping Act, 1916 (46 App. U.S.C. 801 
et seq.), or a common carrier b
^
^ water in intercoastal commerce 
under the Intercoastal Shipping Act, 1933 (46 App. U.S.C. 
843 et seq.). 
(3) CONFERENCE.—^The term "conference" has the meaning 
given that term under section 3 of the Shipping Act of 1984 
(46App.U.S.C. 1702). 
(4) ESSENTIAL TERMS OF SERVICE CONTRACTS.—The term 
"essential terms of service contracts" means the essential terms 
that are required to be filed with the Commission and made 
available under section 8(c) of the Shipping Act of 1984 (46 
App. U.S.C. 1707(c)). 
(5) TARIFF.—^The term "tarifi" means a tariff of rates, 
charges, classifications, rules, and practices required to be filed 
by a common carrier or conference under section 8 of the 
Shipping Act of 1984 (46 App. U.S.C. 1707), or a rate, fare, 
charge, classification, rule, or regulation required to be filed 
by a common carrier or conference under tne Shipping Act, 
1916 (46 U.S.C. 801 et seq.), or the Intercoastal Shipping Act, 
1933 (46 App. U.S.C. 843 et seq.). 
(b) TARIFF FORM AND AVAILABILITY.— 
(1) REQUIREMENT TO FILE.—^Notwithstanding any other law, 
each common carrier and conference shall, in accordance with 
subsection (c), file electronically with the Commission all tariffs, 
and all essential terms of service contracts, required to be 
PUBLIC LAW 102-582—NOV. 2,1992 
106 STAT. 4911 
filed by that common carrier or conference under the Shipping 
Act of 1984 (46 App. U.S.C. 1701 et seq.), the Shipping Act, 
1916 (46 App. U.S.C. 801 et seq.), and the Intercoastal Shipping 
Act, 1933 (46 App. U.S.C. 843 et seq.). 
(2) AVAILABILITY OF INFORMATION.—The Commission shall 
make available electronically to any person, without time, quan-
tity, or other limitation, both at the Commission headqusurters 
and through appropriate access from remote terminals— 
(A) all tariff information, and all essential terms of 
service contracts, filed in the Commission's Automated Tar-
iff Filing and Information System database; and 
(B) all tariff information in the System enhanced elec-
tronically by the Commission at any time. 
(c) FILING SCHEDULE.—^New tariffs and new essential terms 
of service contracts shall be filed electronically not later than July 
1, 1992. All other tariffs, amendments to tariffs, and essentisd 
terms of service contracts shall be filed not later than September 
1,1992. 
(d)FEES.— 
(1) AMOUNT OF FEE.—The Commission shall charge, begin-
ning July 1 of fiscal year 1992 and in fiscal years 1^3, 1994, 
and 1995— 
(A) a fee of 46 cents for each minute of remote computer 
access by any individual of the information available elec-
tronically under this section; and 
(BXi) for electronic copies of the Automated Tariff Fil-
ing and Information System database (in bulk), or any 
portion of the database, a fee reflecting the cost of providing 
those copies, including the cost of duplication, distribution, 
and user-dedicated equipment; and 
(ii) for a person operating or maintaining information 
in a database that has multiple tariff or service contract 
information obtained directly or indirectly fix>m the 
Commission, a fee of 46 cents for each minute that database 
is subsequently accessed by computer by any individual. 
(2) EXEMPTION FOR FEDERAL AGENCIES.—A Federal agency 
is exempt 
fi^m 
paying a fee imder this subsection. 
(e) ENFORCEMENT.—^The Commission shall use systems controls 
or other appropriate methods to enforce subsection (d). 
(f) PENALTIES.— 
(1) CIVIL PENALTIES.—A person failing to pay a fee estab-
lished under subsection (d) is liable to the United States 
Government for a civil penalty of not more than $5,000 for 
each violation. 
(2) CRIMINAL PENALTIES.—A person that willfiilly fails to 
pay a fee established under subsection (d) commits a class 
A misdemeanor. 
(g) AUTOMATIC FILING IMPLEMENTATION.— 
(1) CERTIFICATION OF SOFTWARE.—Software that provides 
for the electronic filing of data in the Automated Tariff Filing 
and Information System shall be submitted to the Commission 
for certification. Not later than fourteen days after a person 
submits software to the Commission for certification, the 
Commission shall— 
(A) certify the software if it provides for the electronic 
filing of data; and 
59-194 O—93 
12 : QL 3 (Pt. 6) 
106 STAT. 4912 
PUBLIC LAW 102-582—NOV. 2, 1992 
Federal 
(B) publish in the Federal Register notice of that 
S^^Hnn 
certification. 
publication. 
^2) REPAYABLE ADVANCE.-
(A) AVAILABILITY AND USE OF ADVANCE.—Upon the date 
of enactment of this Act, the Secretary of the Treasury 
shidl make available to the Commission, as a repayable 
advance, not more than $4,000,000, to remain available 
untU expended. The Commission shall spend these funds 
to complete and upgrade the capacity of the Automated 
Tariff Filing and Information System to provide access 
to information imder this section. 
(B) REQUIREMENT TO REPAY.— 
(i) IN GENERAL.—^Any advance made to the 
Commission under subparagraph (A) shall be repaid, 
with interest, to the general fund of the Treasury not 
later than September 30,1995. 
(ii) INTEREST.—Interest on any advance made to 
the Commission imder subparagraph (A)— 
(I) shall be at a rate determined by the Sec-
retary of the Treasury, as of the close of the cal-
endar month preceding the month in which the 
advance is made, to be equal to the current average 
market jdeld on outstanding marketable obliga-
tions of the United States with remaining periods 
to maturity comparable to the anticipated period 
during which the advance will be outstanding; and 
(II) shall be compounded annually. 
(3) USE OF RETAINED AMOUNTS.—Out of amoimts collected 
by tjie Commission under this section, amounts shall be 
retained and expended by the Commission for each fiscal year, 
without fiscal year limitation, to carry out this section and 
pay back the Secretary of the Treasury for the advance made 
available under paragraph (2). 
(4) DEPOSITIN TREASURY.—^Except for the amounts retained 
by the Commission under paragraph (3), fees collected under 
this section shall be deposited in the general fund of the Treas-
ury as offsetting receipts. 
(h) RESTRICTION.—No fee may be collected under this section 
after fiscal year 1995. 
PUBLIC LAW 102-582—NOV. 2, 1992 
106 STAT. 4913 
(i) CONFORMING AMENDMENT.—Section 2 of the Act of August 
16,1989 (46 App. U.S.C. 1111c), is repealed. 
Approved November 2, 1992. 
LEGISLATIVE HISTORY—H.R. 2152 (S. 884): 
HOUSE REPORTS: No. 102-262, Pt. 1 (Comm. on Merchant Marine and Fisheries) 
and Pt. 2 (C!omm. on Ways and Means). 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): Aug. 1, S. 884 considered and passed Senate. 
Vol. 138 (1992): Feb. 25, H.R. 2152 considered and passed House. 
July 31, considered and passed Senate, amended. 
Aug. 10, House concurrcNl in Senate amendment with 
amendments. 
Aug. 12, Senate concurred in House amendments with an 
amendment. 
Oct. 4, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Nov. 2, Presidential statement.