SEC. 3.5 RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES. (a) 6 BIENNIAL REPORT ON BLUEFIN TUNA.-The Secretary of Commerce shall prepare, for each biennial period commencing with the period covering calendar years 1981 and 1982, and submit to the Congress a report setting forth, with respect to such biennial period (1) the level of taking of bluefin tuna by United States fishermen in the Convention area as defined in Article I of the International Convention for the Conservation of Atlantic Tunas; (2) the status of bluefin tuna stocks within such Convention area and the trends in their population level; and (3) related information resulting from the implementation of the observer program under section 2 of this Act. The report required under this section shall be submitted to the Congress within sixty days after the close of the biennial period covered by the report. (b) 8 HIGHLY MIGRATORY SPECIES RESEARCH AND MONITORING.(1) Within 6 months after the date of enactment of the Atlantic Tunas Convention Authorization Act of 1995, the Secretary of Commerce, in cooperation with the advisory committee established under section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971b) and in consultation with the United States Commissioners on the International Commission for the Conservation of Atlantic Tunas (referred to elsewhere in this section as the "Commission") and the Secretary of State, shall develop and implement a comprehensive research and monitoring program to support the conservation and management of Atlantic bluefin tuna and other highly migratory species that shall— (A) identify and define the range of stocks of highly migratory species in the Atlantic Ocean, including Atlantic bluefin tuna; and (B) provide for appropriate participation by nations which are members of the Commission. (2) The program shall provide for, but not be limited to- (C) population censuses carried out through aerial surveys of fishing grounds and known migration areas; (D) adequate observer coverage and port sampling of commercial and recreational fishing activity; (E) collection of comparable real-time data on commercial and recreational catches and landings through the use of permits, logbooks, landing reports for charter operations 516 U.S.C. 971i. Sec. 302(b)(1) of the Atlantic Tunas Convention Authorization Act of 1995 (title III of the Fisheries Act of 1995; Public Law 104-43; 109 Stat. 382) amended and restated the section catchline, which formerly read: "REPORTS REGARDING BLUEFIN TUNA.”. 6 Sec. 302(b)(3) of Public Law 104-43 (109 Stat. 382) inserted subsec. designation and subsec. heading. 7 Sec. 302(b)(2) of Public Law 104-43 (109 Stat. 382) struck out a sentence at this point that read: "There are authorized to be appropriated such sums as may be necessary to carry out this section.". 8 Sec. 302(b)(4) of Public Law 104-43 (109 Stat. 382) added subsec. (b). and fishing tournaments, and programs to provide reliable reporting of the catch by private anglers; (F) studies of the life history parameters of Atlantic bluefin tuna and other highly migratory species; (G) integration of data from all sources and the preparation of data bases to support management decisions; and (H) other research as necessary. (3) In developing a program under this section, the Secretary shall (A) ensure that personnel and resources of each regional research center shall have substantial participation in the stock assessments and monitoring of highly migratory species that occur in the region; (B) provide for comparable monitoring of all United States fishermen to which the Atlantic Tunas Convention Act applies with respect to effort and species composition of catch and discards; (C) consult with relevant Federal and State agencies, scientific and technical experts, commercial and recreational fishermen, and other interested persons, public and private, and shall publish a proposed plan in the Federal Register for the purpose of receiving public comment on the plan; and (D) through the Secretary of State, encourage other member nations to adopt a similar program. e. Atlantic Tunas Convention Act of 1975, as amended Public Law 94–70 (H.R. 5522], 89 Stat. 385, approved August 5, 1975; as amended by Public Law 94-265 [Fishery Conservation and Management Act of 1976; H.R. 200], 90 Stat. 331 at 361, approved April 13, 1976; Public Law 95–33 (H.R. 6205], 91 Stat. 173, approved May 26, 1977; Public Law 96-339 [S. 2549], 94 Stat. 1069, approved September 4, 1980; Public Law 98–44 (S. 625], 97 Stat. 216, approved July 12, 1983; Public Law 99–659 [S. 991], 100 Stat 3706, approved November 14, 1986; Public Law 101–627 [Fishery Conservation Amendments of 1990; H.R. 2061], 104 Stat. 4436, approved November 28, 1990; Public Law 104-43 [Fisheries Act of 1995; H.R. 716], 109 Stat. 366, approved November 3, 1995; and by Public Law 104208 [Department of Commerce and Related Agencies Appropriations Act; title II of section 101(a) of title I of Public Law 104-208; H.R. 3610), 110 Stat. 3009, approved September 30, 1996 AN ACT To give effect to the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966,1 by the United States of America and other countries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Atlantic Tunas Convention Act of 1975". DEFINITIONS SEC. 2.2 For the purpose of this Act (1) The term "Convention" means the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966, including any amendments or protocols which are or become effective for the United States. (2) The term "Commission" means the International Commission for the Conservation of Atlantic Tunas provided for in article III of the Convention. (3)3 The term "conservation recommendation" means any recommendation of the Commission made pursuant to Article VIII of the Convention and acted upon favorably by the Secretary of State under section 5(a) of this Act. (4) The term "Council" means the Council established within the International Commission for the Conservation of Atlantic Tunas pursuant to article V of the Convention. 120 UST 2887; see boxnote page 2. 216 U.S.C. 971. 8 Sec. 303(1) of Public Law 104-43 (109 Stat. 384) redesignated paras. (3) through (10) as paras. (4) through (11), respectively, and added a new para. (3). (4)4 The term "exclusive economic zone” means an exclusive economic zone as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).5 (6) The term "fishing" means the catching, taking, or fishing for, or the attempted catching, taking, or fishing for any species of fish covered by the Convention, or any activities in support thereof. (7) the term "fishing vessel" means any vessel engaged in catching fish or processing or transporting fish loaded on the high seas, or any vessel outfitted for such activities. (8) The term "Panel" means any panel established by the Commission pursuant to article VI of the Convention. (9) The term "person" means every individual, partnership, corporation, and association subject to the jurisdiction of the United States. (10) The term "Secretary" means the Secretary of Commerce. (11) The term "State" includes each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. COMMISSIONERS SEC. 3.6 (a)(1)7 The United States shall be represented by not more than three Commissioners who shall serve as delegates of the United States on the Commission, and who may serve on the Council and Panels of the Commission as provided for in the Convention. Such Commissioners shall be appointed by and serve at the pleasure of the President. Not more than one such Commissioner 4 Sec. 303(2) of Public Law 104-43 (109 Stat. 384) struck out para. (5), as redesignated, and inserted a new para. (4) (resulting in two para. (4)). Para. (5) formerly read as follows: "(5) The term 'fisheries zone' means the waters included within a zone contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal State, and the outer boundary is a line drawn in such a manner that each point on it is two hundred nautical miles from the baseline from which the territorial sea is measured; or similar zones established by other parties to the Convention to the extent that such zones are recognized by the United States.". Sec. 303(3) of Public Law 104-43 (109 Stat. 384) struck out "fisheries zone" throughout this Act, and inserted in lieu thereof "exclusive economic zone". 5 Sec. 211(b) of the Department of Commerce and Related Agencies Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public Law 104-208; 101 Stat. 3009), provided that: "Effective 15 days after the enactment of the Sustainable Fisheries Act [enacted October 11, 1996], all references to the Magnuson Fishery Conservation and Management Act shall be redesignated as references to the Magnuson-Stevens Fishery Conservation and Management Act.". 616 U.S.C. 971a. 7 Sec. 201(a) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4459) inserted par. designation (1), and added a new pars. (2) and (3). Sec. 201(b) and sec. 202 of that Act also provided the following: “(b) APPLICATION TO CURRENT COMMISSIONERS.-(1) Paragraph (2) of section 3(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a(a)), as added by this section, shall not apply to reappointment of an individual as a United States Commissioner of the International Commission for the Conservation of Atlantic Tunas (hereinafter in this title referred to as a 'Commissioner') if that individual is serving in that position on the date of enactment of this Act. “(2) An individual serving a term as a Commissioner on the date of enactment of this Act shall not, by reason of that term of service, be ineligible under paragraph (3)(B) of section 3(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a(a)), as added by this section, for reappointment as a Commissioner. "TERMINATION OF CURRENT TERMS AND COMPLETION OF PENDING APPOINTMENTS "SEC. 202. The term as Commissioner of each individual serving in that position on the date of enactment of this Act shall terminate March 1, 1991. Not later than that date, the President shall complete appointment (or reappointment) of individuals to serve as Commissioners on and shall be a salaried employee of any State or political subdivision thereof, or the Federal Government. The Commissioners shall be entitled to select a Chairman and to adopt such rules of procedure as they find necessary. (2)7 of the Commissioners appointed under paragraph (1) who are not governmental employees (A) one shall be appointed from among individuals with knowledge and experience regarding commercial fishing in the Atlantic Ocean, Gulf of Mexico, or Caribbean Sea; and (B) one shall be appointed from among individuals with knowledge and experience regarding recreational fishing in the Atlantic Ocean, Gulf of Mexico, or Caribbean Sea. (3)7 (a) The term of a Commissioner shall be three years. (B) An individual appointed in accordance with paragraph (2) shall not be eligible to serve more than two consecutive terms as a Commissioner. (b) The Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time deemed appropriate Alternate United States Commissioners to the Commission. Any Alternate United States Commissioner may exercise at any meeting of the Commission, Council, any Panel, or the advisory committee established pursuant to section 4 of this Act, all powers and duties of a United States Commissioner in the absence of any Commissioner appointed pursuant to subsection (a) of this section for whatever reason. The number of such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of United States Commissioners appointed pursuant to subsection (a) of this section who will not be present at such meeting. (c) The United States Commissioners or Alternate Commissioners, although officers of the United States while so serving, shall receive no compensation for their services as such Commissioners or Alternate Commissioners. (d)8 (1) The Secretary of States shall pay the necessary travel expenses of United States Commissioners, Alternate United States Commissioners, and authorized advisors in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code. (2) The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this subsection. ADVISORY COMMITTEE SEC. 4.9 (a) 10 There is established an advisory committee which shall be composed of (1) not less than five nor more than twenty individuals appointed by the United States Commissioners who shall select such individuals from the various groups concerned with the fisheries covered by the Convention; and 8 Sec. 203 of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4459) added subsec. (d). 916 U.S.C. 971b. 10 Sec. 304 of Public Law 104-43 (109 Stat. 384) added subsec. designation "(a)” and added subsec. (b). |