DEFINITIONS SEC. 102. (a) GENERAL.-Section 3 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802) is amended (1) by redesignating paragraph (16) as paragraph (17), by redesignating paragraph (17) as paragraph (19), by redesignating paragraphs (18) through (23) as paragraphs (21) through (26), respectively, and by redesignating paragraphs (24) through (27) as paragraphs (28) through (31), respectively; (2) in paragraph (7), by striking ", birds, and highly migratory species" and inserting in lieu thereof "and birds"; (3) by amending paragraph (14) to read as follows: "(14) The term 'highly migratory species' means tuna species, marlin (Tetrapturus spp. and Makaira spp.), oceanic sharks, sailfishes (Istiophorus spp.), and swordfish (Xiphias gladius)."; (4) by inserting immediately after paragraph (15) the following new paragraph: "(16) 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 one and one-half miles 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."; (5) by inserting immediately after paragraph (17), as so redesignated, the following new paragraph: "(18) The term 'migratory range' means the maximum area at a given time of the year within which fish of an anadromous species or stock thereof can be expected to be found, as determined on the basis of scale pattern analysis, tagging studies, or other reliable scientific information, except that the term does not include any part of such area which is in the waters of a foreign nation."; (6) by inserting immediately after paragraph (19), as so redesignated, the following new paragraph: "(20) The term 'observer' means any person required or authorized to be carried on a vessel for conservation and management purposes by regulations or permits under this Act."; (7) by inserting immediately after paragraph (26), as so redesignated, the following new paragraph: "(27) The term 'tuna species' means the following: "Bigeye Tuna-Thunnus obesus; "Bluefin Tuna-Thunnus thynnus; "Skipjack Tuna-Katsuwonus pelamis; and (8) by adding at the end the following new paragraph: "(32) The term 'waters of a foreign nation' means any part of the territorial sea or exclusive economic zone (or the equivalent) of a foreign nation, to the extent such territorial sea or exclusive economic zone is recognized by the United States.". (b) CONFORMING AMENDMENT.-Section 101(b)(1) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1811(b)(1)) is amended by striking "any foreign nation's" and all that follows and inserting in lieu thereof "any waters of a foreign nation.". AUTHORITY WITH RESPECT TO HIGHLY MIGRATORY SPECIES SEC. 103. (a) GENERAL.-Section 102 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1812) is amended to read as follows: "SEC. 102. HIGHLY MIGRATORY SPECIES. "The United States shall cooperate directly or through appropriate international organizations with those nations involved in fisheries for highly migratory species with a view to ensuring conservation and promoting the objective of optimum utilization of such species throughout their range, both within and beyond the exclusive economic zone.". (b) CONFORMING AMENDMENT.-The entry for section 102 in the table of contents in the first section of the Magnuson Fishery Conservation and Management Act is amended to read as follows: "Sec. 102. Highly migratory species.". (c) EFFECTIVE DATE.-The amendments made by this section shall 16 USC 1812 take effect on January 1, 1992. FOREIGN FISHING SEC. 104. Subsection (d) of section 201 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1821) is amended to read as follows: "(d) TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.-The total allowable level of foreign fishing, if any, with respect to any fishery subject to the exclusive fishery management authority of the United States, shall be that portion of the optimum yield of such fishery which will not be harvested by vessels of the United States, as determined in accordance with this Act.". INTERNATIONAL FISHERY AGREEMENTS SEC. 105. (a) HIGHLY MIGRATORY SPECIES AGREEMENTS.-Section 202 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1822) is amended by redesignating subsection (e) as subsection (f) and by inserting immediately after subsection (d) the following new subsection: "(e) HIGHLY MIGRATORY SPECIES AGREEMENTS.— "(1) EVALUATION.-The Secretary of State, in cooperation with the Secretary, shall evaluate the effectiveness of each existing international fishery agreement which pertains to fishing for highly migratory species. Such evaluation shall consider whether the agreement provides for— "(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 note. Effective date. 16 USC 1825 note. migratory species that are the subject of the agreement and "(D) effective enforcement of conservation and manage- "(E) sufficient and dependable funding to implement the "(3) REPORTS.-The Secretary of State shall report to the "(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 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.". (b) DETERMINATIONS OF SECRETARY OF STATE.-(1) Section 205(a) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1825(a)) is amended (A) in paragraph (1) by striking "traditional" and by inserting "including fisheries for tuna species," immediately after "authority,"; and (B) in paragraph (2) by striking "highly migratory" and inserting in lieu thereof "tuna". (2) The amendments made by this subsection shall take effect on January 1, 1992. PERMITS FOR FOREIGN FISHING SEC. 106. (a) FEES.-Section 204(b)(10) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1824(b)(10)) is amended to read as follows: "(10) FEES. "(A) Fees shall be paid to the Secretary by the owner or operator of any foreign fishing vessel for which a permit has been issued pursuant to this section. The Secretary, in i consultation with the Secretary of State, shall establish a "(B) Amounts collected by the Secretary under this para- (b) SANCTIONS.-Section 204(b)(12) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1824(b)(12)) is repealed. DRIFTNET FISHING SEC. 107. (a) GENERAL.-Section 206 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1826) is amended to read as follows: "SEC. 206. LARGE-SCALE DRIFTNET FISHING. Driftnet Act "(a) SHORT TITLE.-This section incorporates and expands upon 1990. provisions of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 and may be cited as the 'Driftnet Act Amendments of 1990'. "(b) FINDINGS.-The Congress finds that "(1) the continued widespread use of large-scale driftnets beyond the exclusive economic zone of any nation is a destructive fishing practice that poses a threat to living marine resources of the world's oceans, including but not limited to the North and South Pacific Ocean and the Bering Sea; "(2) the use of large-scale driftnets is expanding into new regions of the world's oceans, including the Atlantic Ocean and Caribbean Sea; "(3) there is a pressing need for detailed and reliable information on the number of seabirds, sea turtles, nontarget fish, and marine mammals that become entangled and die in actively fished large-scale driftnets and in large-scale driftnets that are lost, abandoned, or discarded; "(4) increased efforts, including reliable observer data and enforcement mechanisms, are needed to monitor, assess, control, and reduce the adverse impact of large-scale driftnet fishing on living marine resources; "(5) the nations of the world have agreed in the United Nations, through General Assembly Resolution Numbered 44225, approved December 22, 1989, by the General Assembly, that a moratorium should be imposed by June 30, 1992, on the use of large-scale driftnets beyond the exclusive economic zone of any nation; "(6) the nations of the South Pacific have agreed to a moratorium on the use of large-scale driftnets in the South Pacific through the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific, which was agreed to in Wellington, New Zealand, on November 29, 1989; and "(7) increasing population pressures and new knowledge of the importance of living marine resources to the health of the global ecosystem demand that greater responsibility be exercised by persons fishing or developing new fisheries beyond the exclusive economic zone of any nation. "(c) POLICY.-It is declared to be the policy of the Congress in this section that the United States should "(1) implement the moratorium called for by the United Nations General Assembly in Resolution Numbered 44-225; "(2) support the Tarawa Declaration and the Wellington Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific; 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. "(d) INTERNATIONAL AGREEMENTS.-The Secretary, through the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall seek to secure international agreements to implement immediately the findings, policy, and provisions of this section, and in particular an international ban on large-scale driftnet fishing. The Secretary, through the Secretary of State, shall include, in any agreement which addresses the taking of living marine resources of the United States, provisions to ensure that "(1) each large-scale driftnet fishing vessel of a foreign nation that is party to the agreement, including vessels that may operate independently to develop new fishing areas, which operate beyond the exclusive economic zone of any nation, is included in such agreement; "(2) each large-scale driftnet fishing vessel of a foreign nation that is party to the agreement, which operates beyond the exclusive economic zone of any nation, is equipped with satellite transmitters which provide real-time position information accessible to the United States; "(3) statistically reliable monitoring by the United States is carried out, through the use of on-board observers or through dedicated platforms provided by foreign nations that are parties to the agreement, of all target and nontarget fish species, marine mammals, sea turtles, and sea birds entangled or killed by large-scale driftnets used by fishing vessels of foreign nations that are parties to the agreement; "(4) officials of the United States have the right to board and inspect for violations of the agreement any large-scale driftnet fishing vessels operating under the flag of a foreign nation that is party to the agreement at any time while such vessel is operating in designated areas beyond the exclusive economic zone of any nation; "(5) all catch landed or transshipped at sea by large-scale driftnet fishing vessels of a foreign nation that is a party to the agreement, and which are operated beyond the exclusive economic zone of any nation, is reliably monitored and documented; "(6) time and area restrictions are imposed on the use of large-scale driftnets in order to prevent interception of anadromous species; "(7) all large-scale driftnets used are constructed, insofar as feasible, with biodegradable materials which break into segments that do not represent a threat to living marine resources; "(8) all large-scale driftnets are marked at appropriate intervals in a manner that conclusively identifies the vessel and flag nation responsible for each such driftnet; "(9) the taking of nontarget fish species, marine mammals, sea turtles, seabirds, and endangered species or other species protected by international agreements to which the United |