Legislation on Foreign Relations Through ...

(A) are determined to be necessary and appropriate for the conservation and management of such fishery,

(B) are consistent with the national standards, the other provisions of this Act, and other applicable law, and

(7). ach preliminary fishery management plan shall be in effect with espect to foreign fishing for which permits have been issued until fishery management plan is prepared and implemented, pursuant > title III, with respect to such fishery. The Secretary may in acordance with section 553 of title 5, United States Code, also preare and promulgate interim regulations with respect to any such reliminary plan. Such regulations shall be in effect until regulaions implementing the applicable fishery management plan are romulgated pursuant to section 305.

(i) FULL OBSERVER COVERAGE PROGRAM. (1XA) Except as proided in paragraph (2),51 the Secretary shall establish a program inder which a United States observer will be stationed aboard each oreign fishing vessel while that vessel is engaged in fishing within he exclusive economic zone 18 or special areas.52

(B) 53 The Secretary shall by regulation prescribe minimum health and safety standards that shall be maintained aboard each foreign fishing vessel with regard to the facilities provided for the quartering of, and the carrying out of observer functions by, United States observers.

(2) The requirement in paragraph (1) that a United States observer be placed aboard each foreign fishing vessel may be waived by the Secretary if he finds that—

(A) in a situation where a fleet of harvesting vessels transfers its catch taken within the exclusive economic zone 18 or special areas 52 to another vessel, aboard which is a United States observer, the stationing of United States observers on only a portion of the harvesting vessel fleet will provide a representative sampling of the by-catch of the fleet that is sufficient for purposes of determining whether the requirements of the applicable management plans for the by-catch species are being complied with;

(B) 54 the time during which a foreign fishing vessel will engage in fishing within the exclusive economic zone or special areas 52 will be of such short duration that the placing of a United States observer aboard the vessel would be impractical;

(3) 55 Observers, while stationed aboard foreign fishing vessels, shall carry out such scientific, compliance monitoring, and other

51 Sec. 236 of Public Law 96-561 (94 Stat. 3299) added subsec. (i). Sec. 237 of the same Act stated that subsec. (i) shall take effect on Oct. 1, 1981, and shall apply to permits issued under sec. 204 of this Act after Dec. 31, 1981.

52 Sec. 301(d)(3) of Public Law 102-251 (106 Stat. 63) inserted "or special areas".

53 Subpar. (B) was added by sec. 103(a)(2) of Public Law 99-659 (100 Stat. 3708). 54 Subpar. (B) was added by sec. 103(aX2) of Public Law 99-659 (100 Stat. 3708). 55 Sec. 2(aX5XAXi) of Public Law 97-4′′

mally read as follows:

Stat. 2482) amended and restated par. (3). It for

Continued

iv The Secretary nay eind or redit by reason of reducSion of any allocation under ins paragraph, any fee paid under section 304

If the carrication of a foreign country is not terminated under section de Fishermen & Protective Act of 1967 before the close of the last day if he remedial period, the Secretary of State

* with respect a any alocation made that country and in effect as reduced under succarigach 3 on such last day, shail rescind, effective in and after the day after such last day, any unharvested portion of such a location: and

I may not thereafter make any allocation to that country under paragraph I uncl the certfication is terminated. f 19 Repealed 1394)

(g) RECIPROCITY-Freign fishing shall not be authorized for the fishing vessels of any foreign nation unless such nation satisfies the Secretary and the Secretary of State that such nation extends substantially the same fishing privileges to fishing vessels of the United States, if any, as the United States extends to foreign fishing vessels.

(h,49 PRELIMINARY FISHERY MANAGEMENT PLANS.-The Secretary, when notified by the Secretary of State that any foreign nation has submitted an application under section 204b, shall prepare a preliminary fishery management plan for any fishery covered by such application if the Secretary determines that no fishery management plan for that fishery will be prepared and implemented, pursuant to title III, before March 1, 1977. To the extent practicable, each such plan

(1)50 shall contain a preliminary description of the fishery and a preliminary determination as to

(A) the optimum yield from such fishery,

(B) when appropriate, the capacity and extent to which United States fish processors will process that portion of such optimum yield that will be harvested by vessels of the United States; and

(2) shall require each foreign fishing vessel engaged or wishing to engage in such fishery to obtain a permit from the Secretary;

(3) shall require the submission of pertinent data to the Secretary, with respect to such fishery, as described in section. 303(a)(5); and

(4) may, to the extent necessary to prevent irreversible effects from overfishing, with respect to such fishery, contain conservation and management measures applicable to foreign fishing which

49 Sec. 4(3) of Public Law 95-354 (Stat. 519) redesignated subsecs. (f) and (g) as (g) and (h), respectively, and added a new subsec. (f), requiring an annual report from the Secretary of the Treasury on allocations made to foreign nations. Subsec. (f) was subsequently repealed by sec. 139(24) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 399).

60 Sec. 4(4) of Public Law 95–354 amended par. (1) by effectively adding the text of clause (B).

(A) are determined to be necessary and appropriate for the conservation and management of such fishery,

(B) are consistent with the national standards, the other provisions of this Act, and other applicable law, and

(C) are described in section 303(b) (2), (3), (4), (5), and (7). Each preliminary fishery management plan shall be in effect with respect to foreign fishing for which permits have been issued until a fishery management plan is prepared and implemented, pursuant to title III, with respect to such fishery. The Secretary may in accordance with section 553 of title 5, United States Code, also prepare and promulgate interim regulations with respect to any such preliminary plan. Such regulations shall be in effect until regulations implementing the applicable fishery management plan are promulgated pursuant to section 305.

(i) FULL OBSERVER COVERAGE PROGRAM. (1XA) Except as provided in paragraph (2),51 the Secretary shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel is engaged in fishing within the exclusive economic zone 18 or special areas. 52

(2) The requirement in paragraph (1) that a United States observer be placed aboard each foreign fishing vessel may be waived by the Secretary if he finds that

(3) 55 Observers, while stationed aboard foreign fishing vessels, shall carry out such scientific, compliance monitoring, and other

52 Sec. 301(d)(3) of Public Law 102-251 (106 Stat. 63) inserted "or special areas”.

53 Subpar. (B) was added by sec. 103(a)(2) of Public Law 99-659 (100 Stat. 3708).

64 Subpar. (B) was added by sec. 103(aX2) of Public Law 99-659 (100 Stat. 3708).

55 Sec. 2(aX5XAXi) of Public Law 97-453 (96 Stat. 2482) amended and restated par. (3). It formally read as follows:

Continued

functions as the Secretary deems necessary or appropriate to carry out_the_purposes of this Act; and shall cooperate in carrying out such other scientific programs relating to the conservation and management of living resources as the Secretary deems appropriate.

(4) In addition to any fee imposed under section 204(b)(10) of this Act and section 10(e) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1980(e)) with respect to foreign fishing for any year after 1980, the Secretary shall impose, with respect to each foreign fishing vessel for which a permit is issued under such section 204, a surcharge in an amount sufficient to cover all the costs of providing a United States observer aboard that vessel. The failure to pay any surcharge imposed under this paragraph shall be treated by the Secretary as a failure to pay the permit fee for such vessel under section 204(b)(10). All surcharges collected by the Secretary under this paragraph shall be deposited in the Foreign Fishing Observer Fund established by paragraph (5).56

(5) There is established in the Treasury of the United States the Foreign Fishing Observer Fund. The Fund shall be available to the Secretary as a revolving fund for the purpose of carrying out this subsection. The Fund shall consist of the surcharges deposited into it as required under paragraph (4). All payments made by the Secretary to carry out this subsection shall be paid from the Fund, only to the extent and in the amounts provided for in advance in appropriation Acts. Sums in the Fund which are not currently needed for the purposes of this subsection shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. (6) 57 If at any time the requirement set forth in paragraph (1) cannot be met because of insufficient appropriations, the Secretary shall, in implementing a supplementary observer program:

(A) certify as observers, for the purposes of this subsection, individuals who are citizens or nationals of the United States and who have the requisite education or experience to carry out the functions referred to in paragraph (3);

(B) establish standards of conduct for certified observers equivalent to those applicable to Federal personnel;

(C) establish a reasonable schedule of fees that certified observers or their agents shall be paid by the owners and operators of foreign fishing vessels for observer services; and

(D) monitor the performance of observers to ensure that it meets the purposes of this Act.

"(3) United States observers, while aboard foreign fishing vessels, shall carry out such scientific and other functions as the Secretary deems necessary or appropriate to carry out the purposes of this Act.".

56 The Department of Commerce Appropriations Act, 1995 (Public Law 103-317; 108 Stat. 1743), provided:

"FOREIGN FISHING OBSERVER FUND

"For expenses necessary to carry out the provisions of the Atlantic Tunas Convention Act of 1975, as amended (Public Law 96-339), the Magnuson Fishery Conservation and Management Act of 1976, as amended (Public Law 100-627) and the American Fisheries Promotion Act (Public Law 96-561), there are appropriated from the fees imposed under the foreign fishery observer program authorized by these Acts, not to exceed $400,000, to remain available until expended.".

57 Sec. 2(aX5XAXii) of Public Law 97-453 (96 Stat. 2482) added a new par. (6) to subsec. (i), effective Jan. 1, 1984.

(j) 58 RECREATIONAL FISHING.-Notwithstanding any other provision of this title, foreign fishing vessels which are not operated for profit may engage in recreational fishing within the exclusive economic zone 18 or special areas 59 and the waters within the boundaries of a State subject to obtaining such permits, paying such reasonable fees, and complying with such conditions and restrictions as the Secretary and the Governor of the State (or his designee) shall impose as being necessary or appropriate to insure that the fishing activity of such foreign vessels within such zone, areas,60 or waters, respectively, is consistent with all applicable Federal and State laws and any applicable fishery management plan implemented under section 305. The Secretary shall consult with the Secretary of State and the Secretary of the Department in which the Coast Guard is operating in formulating the conditions and restrictions to be applied by the Secretary under the authority of this subsection.

SEC. 202.61 INTERNATIONAL FISHERY AGREEMENTS.

(a) NEGOTIATIONS.-The Secretary of State

(1) shall renegotiate treaties as provided for in subsection (b);

(2) shall negotiate governing international fishery agreements described in section 201(c);

(3) may negotiate boundary agreements as provided for in subsection (d);

(4) shall, upon the request of and in cooperation with the Secretary, initiate and conduct negotiations for the purpose of entering into international fishery agreements

(A) which allow fishing vessels of the United States equitable access to fish over which foreign nations assert exclusive fishery management authority, and

(B) which provide for the conservation and management of anadromous species and highly migratory species; and (5) may enter into such other negotiations, not prohibited by subsection (c), as may be necessary and appropriate to further the purposes, policy, and provisions of this Act.

(b) TREATY RENEGOTIATION.-The Secretary of State, in cooperation with the Secretary, shall initiate, promptly after the date of enactment of this Act, the renegotiation of any treaty which pertains to fishing within the exclusive economic zone 18 (or within the area that will constitute such zone after February 28, 1977) or special areas,62 or for anadromous species or Continental Shelf fishery resources beyond such zone or areas,63 and which is in any manner inconsistent with the purposes, policy, or provisions of this Act, in order to conform such treaty to such purposes, policy, and provisions. It is the sense of Congress that the United States shall withdraw from any such treaty, in accordance with its provisions, if

58 Sec. 2(a)(6) of Public Law 97-453 (96 Stat. 2483) added subsec. (j).

50 Sec. 301(dX4XA) of Public Law 102-251 (106 Stat. 63) inserted "or special areas".

Sec. 301(dX4XB) of Public Law 102-251 (106 Stat. 63) inserted “, areas" after "such zone". 61 16 U.S.C. 1822. See also sec. 801 of the Fishery Conservation Amendments of 1990 (Public Law 101-627).

Sec. 301(eX1XA) of Public Law 102-251 (106 Stat. 63) inserted "or special arcas” after "February 28, 1977)".

63 Sec. 301 (eX1XB) of Public Law 102-251 (106 Stat. 63) struck out "such zone or area" and inserted in lieu thereof "such zone or areas".

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