Legislation on Foreign Relations Through ...

(C) in the case of an overfished fishery, provides for rebuilding to a level consistent with producing the maximum sustainable yield in such fishery.

(29) 40 The terms "overfishing" and "overfished” mean a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce the maximum sustainable yield on a continuing basis.

(30) 40 The term "Pacific Insular Area" means American Samoa, Guam, the Northern Mariana Islands, Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Wake Island, or Palmyra Atoll, as applicable, and includes all islands and reefs appurtenant to such island, reef, or atoll.

(31) The term "person" means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government.

(32)41 The term "recreational fishing" means fishing for sport or pleasure.

(33) 41 The term "regulatory discards" means fish harvested in a fishery which fishermen are required by regulation to discard whenever caught, or are required by regulation to retain but not sell.

(34) The term "Secretary" means the Secretary of Commerce or his designee.

(35) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States.

(36) 42 The term "special areas" means the areas referred to as eastern special areas in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990. In particular, the term refers to those areas east of the maritime boundary, as defined in that Agreement, that lie within 200 nautical miles of the baselines from which the breadth of the territorial sea of Russia is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured.

40 Sec. 102(8) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3562) added new paras. (29) and (30) and redesignated subsequent paras.

41 Sec. 102(9) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3562) added new paras. (32) and (33) and redesignated subsequent paras.

42 Sec. 301(b) of Public Law 102-251 (106 Stat. 62) added a new paragraph to define "special areas," effective on the date on which the Agreement Between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, entered into force for the United States, with authority to prescribe implementing regulations effective March 9, 1992, but with no such regulations effective until the date on which the Agreement entered into force for the United States.

Sec. 405(a) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3621) provided that sec. 301(b) of Public Law 102-251 shall take effect on the date of enactment of Public Law 104-297, which would result in adding a paragraph to define "special areas". Sec. 102(10) of that Act, however, separately added language similar to that provided in Public Law 102-251 as para. (36), effective immediately, and redesignated the following paras. appropriately.

(37) The term "stock of fish" means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit.

(38) The term "treaty" means any international fishery agreement which is a treaty within the meaning of section 2 of article II of the Constitution.

(39) 43 The term "tuna species" means the following:

Albacore Tuna-Thunnus alalunga;

Bigeye Tuna-Thunnus obesus;

Bluefin Tuna-Thunnus thynnus;

Skipjack Tuna-Katsuwonus pelamis; and
Yellowfin Tuna-Thunnus albacares.

(40) The term "United States", when used in a geographical context, means all the States thereof.

(41) 44 The term "United States fish processors" means facilities located within the United States for, and vessels of the United States used or equipped for, the processing of fish for commercial use or consumption.

(42) 44 The term "United States harvested fish" means fish caught, taken, or harvested by vessels of the United States within any fishery regulated under this Act.45

(43) 46 The term "vessel of the United States" means—

(A) any vessel documented under chapter 121 of title 46, United States Code;

(B) any vessel numbered in accordance with chapter 123 of title 46, United States Code, and measuring less than 5 net tons;

(C) any vessel numbered in accordance with chapter 123 of title 46, United States Code, and used exclusively for pleasure; or

(D) any vessel not equipped with propulsion machinery of any kind and used exclusively for pleasure.

(44) 47 The term "vessel subject to the jurisdiction of the United States" has the same meaning such term has in section 3(c) of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903(c)).

(45) 48 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.

43 Sec. 102(a)(7) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4438) added para. (27), since redesignated as para. (39).

44Sec. 3 of Public Law 95-354 (92 Stat. 519) added new paras. (25) and (26), since redesignated as paras. (41) and (42).

45 Sec. 102(11) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3563) struck out "for which a fishery management plan prepared under title III or a preliminary fishery management plan prepared under section 201(h) has been implemented" and inserted in lieu thereof "regulated under this Act".

46 This para. was amended and restated by sec. 15(a) of Public Law 97-453 (96 Stat. 2492), and by sec. 2 of Public Law 100-239 (101 Stat. 1778).

47 Sec. 102(12) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3563) added a new para. (44) and redesignated para. (44) as (45).

48 Sec. 102(a)(8) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104

SEC. 4.49 AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary for the purposes of carrying out the provisions of this Act, not to exceed the following sums:

(1) $147,000,000 for fiscal year 1996;

(2) $151,000,000 for fiscal year 1997;

(3) $155,000,000 for fiscal year 1998; and

(4) $159,000,000 for fiscal year 1999.

TITLE I-UNITED STATES RIGHTS AND AUTHORITY
REGARDING FISH AND FISHERY RESOURCES

SEC. 101.50 UNITED STATES SOVEREIGN RIGHTS TO FISH AND FISH-
ERY MANAGEMENT AUTHORITY.

(a) IN THE EXCLUSIVE ECONOMIC ZONE.-Except as provided in section 102, the United States claims, and will exercise in the manner provided for in this Act, sovereign rights and exclusive fishery management authority over all fish, and all Continental Shelf fishery resources, within the exclusive economic zone and special areas.51

(b) BEYOND THE EXCLUSIVE ECONOMIC ZONE.-The United States claims, and will exercise in the manner provided for in this Act, exclusive fishery management authority over the following:

(1) All anadromous species throughout the migratory range of each such species beyond the exclusive economic zone; except that that management authority does not extend to any such species during the time they are found within any waters of a foreign nation.52

(2) All Continental Shelf fishery resources beyond the exclusive economic zone.

(3) 53 all fishery resources in the special areas.

SEC. 102.54 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 shall promote the achievement of optimum yield 55 of such species throughout their range, both within and beyond the exclusive economic zone.

49 16 U.S.C. 1803. Sec. 103 of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3563) added sec. 4.

50 16 U.S.C. 1811. Sec. 101 was comprehensively amended and restated by sec. 101(b) of Public Law 99-659 (100 Stat. 3706).

51 Sec. 301(c)(1) of Public Law 102-251 (106 Stat. 62) inserted "and special areas" before the period in subsec. (a).

52 Sec. 102(b) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4438) struck out "any foreign nation's territorial sea or exclusive economic zone (or the equivalent), to the extent that that sea or zone is recognized by the United States.", and inserted in lieu thereof "any waters of a foreign nation.".

53 Par. (3) was added by sec. 301(c)(2) of Public Law 102-251 (106 Stat. 63).

54 16 U.S.C. 1812. Effective January 1, 1992, sec. 103 of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4439), substantially restated sec. 102. It formerly

read as follows:

"SEC. 102. EXCLUSION FOR HIGHLY MIGRATORY SPECIES.

"The sovereign rights and exclusive fishery management authority asserted by the United States under section 101 over fish do not include, and may not be construed to extend to, highly migratory species of fish.".

55 Sec. 104 of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3563) struck out "promoting the objective of optimum utilization" and inserted in lieu thereof "shall promote the achievement of optimum yield".

SEC. 103.56 HIGHLY MIGRATORY SPECIES.

The exclusive fishery management authority of the United States shall not include, nor shall it be construed to extend to, highly migratory species of fish.

SEC. 104.57 EFFECTIVE DATE.

This title shall take effect March 1, 1977.

TITLE II-FOREIGN FISHING AND INTERNATIONAL FISHING AGREEMENTS

SEC. 201.58 FOREIGN FISHING.

(a) IN GENERAL.-After February 28, 1977, no foreign fishing is authorized within the exclusive economic zone,59 within the special areas,60 or for anadromous species or Continental Shelf fishery resources beyond such zone or areas,61 unless such foreign fishing(1) 62 is authorized under subsections (b) or (c) or section 204(e), or under a permit issued under section 204(d); (2) 62 is not prohibited under subsection (f); and

(3) is conducted under, and in accordance with, a valid and applicable permit issued pursuant to section 204.

(b) EXISTING INTERNATIONAL FISHERY AGREEMENTS.-Foreign fishing described in subsection (a) may be conducted pursuant to an international fishery agreement (subject to the provisions of section 202 (b) or (c)), if such agreement

(1) was in effect on the date of enactment of this Act; and (2) has not expired, been renegotiated, or otherwise ceased to be of force and effect with respect to the United States. (c) GOVERNING INTERNATIONAL FISHERY AGREEMENTS.-Foreign fishing described in subsection (a) may be conducted pursuant to an international fishery agreement (other than a treaty) which meets the requirements of this subsection if such agreement becomes effective after application of section 203. Any such international fishery agreement shall hereafter in this Act be referred to as a "governing_international fishery agreement". Each governing international fishery agreement shall acknowledge the exclusive fishery management authority of the United States, as set forth in this Act. It is the sense of the Congress that each such agreement shall include a binding commitment, on the part of such foreign nation and its fishing vessels, to comply with the following terms and conditions:

(1) The foreign nation, and the owner or operator of any fishing vessel fishing pursuant to such agreement, will abide by all regulations promulgated by the Secretary pursuant to this Act, including any regulations promulgated to implement any applicable fishery management plan or any preliminary fishery management plan.

56 16 U.S.C. 1813.

57 16 U.S.C. 1811 note.

58 16 U.S.C. 1821.

59 Sec. 101(c)(2) of Public Law 99-659 replaced the term "fishery conservation zone" with the term "exclusive economic zone" throughout this Act.

60 Sec. 301(d)(1)(A) of Public Law 102-251 (106 Stat. 63) inserted "within the special areas,". 61 Sec. 301(d)(1)(B) of Public Law 102-251 (106 Stat. 63) struck out "beyond the exclusive economic zone" and inserted in lieu thereof "beyond such zone or areas".

62 Sec. 105(a)(1) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3563) amend