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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 assessments 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 paragraph (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".

(C) 63 a copy or a summary of the application to the appropriate Council, 64

(5) ACTION BY COUNCIL.-After receiving a copy or summary of an application under paragraph (4)(C), the Council may 65 prepare and submit to the Secretary such written comments on the application as it deems appropriate. Such comments shall be submitted within 45 days after the date on which the application is received by the Council and may include recommendations with respect to approval of the application and, if approval is recommended, with respect to appropriate conditions and restrictions thereon. Any interested person may submit comments to such Council with respect to any such application. The Council shall consider any such comments in formulating its submission to the Secretary.

(6) APPROVAL.-(A) 66 After receipt of any application transmitted under paragraph (4)(A), the Secretary shall consult with the Secretary of State and, with respect to enforcement, with the Secretary of the department in which the Coast Guard is operating. The Secretary, after taking into consideration the views and recommendations of such Secretaries, and any comments submitted by any Council under paragraph (5), may approve, subject to subparagraph (B) 61 the application, if he determines that the fishing described in the application will meet the requirements of this Act 67 or he may disapprove all or any portion of the application.

(B) 66 (i) In the case of any application which specifies that one or more foreign fishing vessels propose to receive at sea United States harvested fish from vessels of the United States, the Secretary may approve the application unless the Secretary determines, on the basis of the views, recommendations, and comments referred to in subparagraph (A) and other pertinent information, that United States fish processors have adequate capacity, and will utilize such capacity, to process all United States harvested fish from the fishery concerned.

(ii) The amount or tonnage of United States harvested fish which may be received at sea during any year by foreign fishing vessels under permits approved under this paragraph may not exceed that portion of the optimum yield of the fishery concerned which will not be utilized by the United States fish processors.

(iii) In deciding whether to approve any application under this subparagraph, the Secretary may take into account, with respect to the foreign nation concerned, such other matters as the Secretary deems appropriate.

Sec. 120(b) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4459) capitalized "council". 65 The words to this point in par. (5) were substituted in lieu of the words "After receipt of an application transmitted under paragraph (4)(B), each appropriate Council shall" by sec. 3(4) of Public Law 97-453 (96 Stat. 2483).

66 Sec. 4(7) of Public Law 95-354 (92 Stat. 520) designated the first paragraph of par. (6) as subpar. (A), added the words "subject, to subparagraph (B)," and also added the text of subpar. 67 The words following this note to the end of the sentence were added by sec. 102(3) of Public Law 99-659 (100 Stat. 3707).

(B).

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 supersed other rules only to the extent that they are inconsiste 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 sam 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 fishe agreement the text of which is transmitted to the Congre pursuant to subsection (a); and

(B) which is reported from the Committee on Mercha Marine and Fisheries of the House of Representatives the Committee on Commerce or the Committee on Foreig Relations of the Senate, not later than 45 days after th 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 tl 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 resoluti 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 moti 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 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 Rep 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 Represen tives to the procedure relating to any fishery agreeme resolution shall be decided without debate.

(E) Except to the extent specifically provided in the p 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 17 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

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.

applications submitted under this subsection and for permits issued pursuant to any such application.

(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) 5 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.

(4) 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(5)A) 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

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of the words "such application in 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 appli cations 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).

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