Legislation on Foreign Relations Through ...

state, to ensure proper management for future commercial viability of these natural resources;

(3) the United States, working closely with the Russian Federation should, in accordance with international law and through multilateral consultations or through other means, promote effective international programs for the implementation and enforcement of regulations of the fisheries by those nations that fish in the Doughnut Hole;

(4) the United States nonetheless should be mindful of its management responsibility in this regard and of its rights in accordance with international law to fully utilize the stock within its own exclusive economic zone;

(5) the United States should accept as an urgent duty the need to conserve for future generations the Aleutian Basin pollock stock and should carry out that duty by taking all necessary measures, in accordance with international law; and

(6) the United States should foster further multilateral cooperation leading to international consensus on management of the Doughnut Hole resources through the fullest use of diplomatic channels and appropriate domestic and international law and should explore all other available options and means for conservation and management of these living marine re

sources.

(2) Governing International Fishery Agreement With

Estonia

Partial text of Public Law 102-587 [H.R. 5617], 106 Stat. 5039, approved November 4, 1992; amended by Public Law 104-208 [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 provide Congressional approval of a Governing International Fishery Agreement, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1.1 SHORT TITLE.

This Act may be cited as the "Oceans Act of 1992”.

TITLE I-APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENT

SEC. 1001.2 APPROVAL OF AGREEMENT.

Notwithstanding section 203 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1823),3 the governing international fishery agreement between the Government of the United States of America and the Government of the Republic of Estonia, as contained in the message to Congress from the President of the United States dated June 24, 1992, is approved by the Congress as a governing international fishery agreement for the purposes of such Act and shall enter into force and effect with respect to the United States on the date of enactment of this title.

116 U.S.C. 1431 note.

2 16 U.S.C. 1823 note.

3 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.".

(3) Governing International Fishery Agreement with Japan Partial Text of Public Law 101-224 [National Oceanic and Atmospheric Administration Ocean and Coastal Programs Authorization Act of 1989; H.R. 1668], 103 Stat. 1905, approved December 12, 1989; amended by Public Law 104-208 [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 authorize appropriations for certain ocean and coastal programs of the National Oceanic and Atmospheric Administration.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Notwithstanding any provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.Š.C. 1801 et seq.),2 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 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 the enactment of this Act.

116 U.S.C. 1823 note.

2 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.".

(4) Governing International Fishery Agreement with Soviet Union

Partial Text of Public Law 100-629 [H.R. 4919], 102 Stat. 3287, approved November 7, 1988; amended by Public Law 104-208 [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 approve the governing international fishery agreement between the United States and the Union of the Soviet Socialist Republics, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1.1 SOVIET UNION FISHING AGREEMENT.

That notwithstanding any provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.),2 the governing international fishery agreement entered into between the Government of the United States and the Government of the Union of the Soviet Socialist Republics, as contained in the Message to Congress from the President of the United States dated June 22, 1988, is approved by the Congress and shall enter into force and effect with respect to the United States on the date of the enactment of this Act.

SEC. 5.1 NORTH PACIFIC AND BERING SEA FISHERIES ADVISORY BODY.

(a) IN GENERAL.-The Secretary of State shall establish an advisory body on the fisheries of the North Pacific and the Bering Sea, which shall advise the United States representative to the International Consultative Committee created in accordance with Article XIV of the governing international fishery agreement entered into between the United States and the Union of Soviet Socialist Republics, as contained in the Message to Congress from the President of the United States dated June 22, 1988.

(b) MEMBERSHIP.

(1) IN GENERAL.-The advisory body established pursuant to this section shall consist of 12 members, as follows:

(A) The Director of the Department of Fisheries of the State of Washington.

(B) The Commission of the Department of Fish and Game of the State of Alaska.

116 U.S.C. 1823 note.

(C) Five members appointed by the Secretary of State from among persons nominated by the Governor of Alaska on the basis of their knowledge and experience in commercial harvesting, processing, or marketing of fishery re

sources.

(D) Five members appointed by the Secretary of State from among persons nominated by the Governor of Washington on the basis of their knowledge and experience in commercial harvesting, processing, or marketing of fishery

resources.

(2) NOMINATIONS.-The Governor of Alaska and the Governor of Washington shall each nominate 10 persons for purposes of paragraph (1).

(c) PAY.-Members of the advisory body established pursuant to this section shall receive no pay by reason of their service as members of the advisory body.

(d) EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.-The Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not apply to an advisory body established pursuant to this section. SEC. 6.3 USE OF VESSEL IDENTIFICATION EQUIPMENT.

(a) The Secretary of State, the Secretary of Commerce, and the Secretary of the department in which the Coast Guard is operating, as appropriate, shall exercise their authority under section 201(c)(2)(C) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1821)2 to require the use of transponders or other such appropriate position-fixing and identification equipment on any vessel other than a vessel of the United States engaged in fishing in the United States Exclusive Economic Zone.

(b) The Secretary of Commerce, after consultation with the Secretary of Defense, the Secretary of State, and the Secretary of the department in which the Coast Guard is operating shall report to the Committee on Merchant Marine and Fisheries 4 of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate within 180 days after the date of enactment of this Act on the results of their compliance with subsection (a).

316 U.S.C. 1821 note.

4 Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided that references to the Committee on Merchant Marine and Fisheries of the House of Representatives shall be treated as referring to

(A) the Committee on Agriculture, in the case of a prevision of law relating to inspection of seafood or seafood products;

(B) the Committee on National Security, in the case of a prevision of law relating to interoceanic canals, the Merchant Marine Academy and State Maritime Academies, or national security aspects of merchant marine;

(C) the Committee on Resources, in the case of a prevision of law relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography;

(D) the Committee on Science, in the case of a prevision of law relating to marine research; and

(E) the Committee on Transportation, in the case of a prevision of law relating to a matter other than those listed above.

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