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(A) the collection and analysis of necessary information for effectively managing the fishery, including but not limited to information about the number of vessels involved, the type and quantity of fishing gear used, the species of fish involved and their location, the catch and bycatch levels in the fishery, and the present and probable future condition of any stock of fish involved.
(B) the establishment of measures applicable to the fishery which are necessary and appropriate for the conservation and management of the fishery resource involved;
(C) equitable arrangements which provide fishing vessels of the United States with (i) access to the highly migratory species that are the subject of the agreement and (ii) a portion of the allowable catch that reflects the traditional participation by such vessels in the fishery;
(D) effective enforcement of conservation and management measures and access arrangements throughout the area of jurisdiction; and
(E) sufficient and dependable funding to implement the provisions of the agreement, based on reasonable assess
ments of the benefits derived by participating nations. (2) ACCESS NEGOTIATIONS.— The Secretary of State, in cooperation with the Secretary, shall initiate negotiations with respect to obtaining access for vessels of the United States fishing for tuna species within the exclusive economic zones of other nations on reasonable terms and conditions.
(3) REPORTS.- The Secretary of State shall report to the Congress
(A) within 12 months after the date of enactment of this subsection, on the results of the evaluation required under paragraph (1). together with recommendations for addressing any inadequacies identified; and
(B) within six months after such date of enactment, on the results of the access negotiations required under para
graph (2). (4) NEGOTIATION.—The Secretary of State, in consultation with the Secretary, shall undertake such negotiations with respect to international fishery agreements on highly migratory species as are necessary to correct inadequacies identified as a result of the evaluation conducted under paragraph (1).
(5) SOUTH PACIFIC TUNA TREATY.-It is the sense of the Congress that the United States Government shall, at the earliest opportunity, begin negotiations for the purpose of extending the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America, signed at Port Moresby, Papua New Guinea, April 2, 1987, and it 52 Annexes, Schedules, and implementing agreements for an additional term of 10 years on terms and conditions at least as favorable to vessels of the United States and the United States Government.
52 So in original. Should read “its".
(f) 51 NONRECOGNITION.- It is the sense of the Congress that the United States Government shall not recognize the claim of any foreign nation to an exclusive economic zone 17, 53 (or the equivalent) beyond such nation's territorial sea, to the extent that such sea is recognized by the United States, if such nation
(1) fails to consider and take into account traditional fishing activity of fishing vessels of the United States;
(2) fails to recognize and accept that highly migratory species are to be managed by applicable international fishery agreements, whether or not such nation is a party to any such agreement; or
(3) imposes on fishing vessels of the United States any conditions or restrictions which are unrelated to fishery conserva
tion and management. SEC. 203.54 CONGRESSIONAL OVERSIGHT OF GOVERNING INTERNATION
AL FISHERY AGREEMENTS. (a) IN GENERAL.—No governing international fishery agreement shall become effective with respect to the United States before the close of the first 60 calendar days of continuous session of the Congress 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. 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 and Foreign Relations.
(c) COMPUTATION OF 60-DAY PERIOD.-For purposes of subsection (a)
(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. (d) 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,
53 Sec. 120(a) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4459) struck out "a exclusive economic zone" and inserted in lieu thereof "an exclusive economic zone".
84 16 U.S.C. 1823. Sec. 7 of the National Oceanic and Atmospheric Administration Ocean and Coastal Programs Authorization Act of 1989 (Public Law 101-224; 103 Stat. 1905) provided the following, under the heading "International Fishery Agreement":
"Notwithstanding any provision of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the governing international fishery agreement entered into between the Government of the United States and the Government of Japan, as contained in the message to the Congress from the President of the United States dated October 30, 1989, is approved by the Congress and shall enter into force and effect with respect to the United States on the date of enactment of this Act.".
but applicable only with respect to the procedure to be fo lowed in that House in the case of fishery agreement res lutions described in paragraph (2), and they supersec other rules only to the extent that they are inconsistei therewith; and
(B) with full recognition of the constitutional right either House to change the rules (so far as they relate the procedure of that House) at any time, and in the san manner and to the same extent as in the case of any oth
rule of that House. (2) DEFINITION.-For purposes of this subsection, the ter "fishery agreement resolution” refers to a joint resolution either House of Congress
(A) the effect of which is to prohibit the entering in force and effect of any governing international fisher agreement the text of which is transmitted to the Congre pursuant to subsection (a); and
(B) which is reported from the Committee on Merchai Marine and Fisheries of the House of Representatives the Committee on Commerce or the Committee on Foreię Relations of the Senate, not later than 45 days after ti date on which the document described in subsection (a) r
lating to that agreement is transmitted to the Congress. (3) PLACEMENT ON CALENDAR.–Any fishery agreement res lution upon being reported shall immediately be placed on t] appropriate calendar. (4) FLOOR CONSIDERATION IN THE HOUSE.
(A) A motion in the House of Representatives to proce to the consideration of any fishery agreement resolutio shall be highly privileged and not debatable. An amen ment to the motion shall not be in order, nor shall it be order to move to reconsider the vote by which the motio is agreed to or disagreed to.
(B) Debate in the House of Representatives on any fis ery agreement resolution shall be limited to not more th: 10 hours, which shall be divided equally between those 1 voring and those opposing the resolution. A motion furth to limit debate shall not be debatable. It shall not be order to move to recommit any fishery agreement resol tion or to move to reconsider the vote by which any fishe agreement resolution is agreed to or disagreed to.
(C) Motions to postpone, made in the House of Repi sentatives with respect to the consideration of any fishe agreement resolution, and motions to proceed to the co sideration of other business, shall be decided witho debate.
(D) All appeals from the decisions of the Chair relati to the application of the Rules of the House of Represent tives to the procedure relating to any fishery agreeme resolution shall be decided without debate.
(E) Except to the extent specifically provided in the pi ceding provisions of this subsection, consideration of a fishery agreement resolution shall be governed by t 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 the 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. SEC. 204.55 PERMITS FOR FOREIGN FISHING.
(a) IN GENERAL.–After February 28, 1977, no foreign fishing vessel shall engage in fishing within the exclusive economic zone or for anadromous species or Continental Shelf fishery resources beyond such zone, unless such vessel has on board a valid permit issued under this section for such vessel.
(b) APPLICATIONS AND PERMITS UNDER GOVERNMENT INTERNATIONAL FISHERY AGREEMENTS.
(1) ELIGIBILITY.-Each foreign nation with which the United States has entered into a governing international fishery agreement shall submit an application to the Secretary of State each year for a permit for each of its fishing vessels that wishes to engage in fishing described in subsection (a).56 No permit issued under this section may be valid for longer than a year; and section 558(c) of title 5, United States Code, does not apply to the renewal of any such permit.
(2) FORMS.— The Secretary, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall prescribe the forms for permit applications submitted under this subsection and for permits issued pursuant to any such application.
55 16 U.S.C. 1824.
56 The sentence following this note was added by sec. 102(1) of Public Law 99-659 (100 Stat. 3707).
(3) CONTENTS.-Any application made under this subsection shall specify
(A) the name and official number or other identification of each fishing vessel for which a permit is sought, together with the name and address of the owner thereof;
(B) the tonnage, hold 57 capacity, speed, processing equipment, type and quantity of fishing gear, and such other pertinent information with respect to characteristics of each such vessel as the Secretary may require;
(C) each fishery in which each such vessel wishes to fish;
(D) 58 the estimated amount of tonnage of fish which will be caught, taken, or harvested in each such fishery by each such vessel during the time the permit is in force;
(E) 59 the amount or tonnage of United States harvested fish, if any, which each such vessel proposes to receive at sea from vessels of the United States;
(F) 59 the ocean area in which, and the season or period during which, such fishing will be conducted; and
(G) 60 all applicable vessel safety standards imposed by the foreign country, and shall include written certification
that the vessel is in compliance with those standards, and shall include any other pertinent information and material which the Secretary may require.
TRANSMITTAL FOR ACTION.—Upon receipt of any application which complies with the requirements of paragraph (3), the Secretary of State shall publish a notice of receipt of the application in the Federal Register. Any such notice shall summarize the contents of the applications from each nation included therein with respect to the matters described in paragraph (3).61 The Secretary of State 62 shall promptly transmit
(A) such application, together with his comments and recommendations thereon, to the Secretary;
(B) 63 a copy of the application to the Secretary of the department in which the Coast Guard is operating; and
57 Sec. 3(1) of Public Law 97-453 (96 Stat. 2483) inserted the word “hold”. 58 Subpar. (D) was amended and restated by sec. 4(5XA) of Public Law 95-354 (92 Stat. 520).
59 Sec. 4(5/(B) of Public Law 95-520 (92 Stat. 520) redesignated subpar. (E) as (F) and added a new subpar. (E).
60 Subpar. (G) was added by sec. 103(b)(3) of Public Law 99-659 (100 Stat. 3709).
61 The words "and shall be set forth under the name of each Council to which it will be transmitted for comment” which previously appeared at this point, were struck out by sec. 3(2) of Public Law 97-453 (96 Stat. 2483).
62 The words to this point beginning with "a notice of receipt were substituted in lieu of the words "such application the Federal Register and” by sec. 4(6) of Public Law 95-354 (92 Stat. 520).
63 Subpars. (B) and (C) were amended and restated by sec. 3(3) of Public Law 97-453 (96 Stat. 2483). They previously read as follows:
“(B) a copy of the application to each appropriate Council and to the Secretary of the department in which the Coast Guard is operating; and
"(C) a monthly summary of foreign fishing applications including a report on approval applications as described in paragraphs (6) and (7) to the Committee on Merchant Marine and Fisheries of the House of Representatives and to the Committees on Commerce and Foreign Relations of the Senate.".
The requirement for the summary mentioned in subpar. (C) to be provided on a monthly basis had previously been added by sec. 208 of Public Law 96-470 (94 Stat. 2245).