(4) MARINE RESOURCES.-The term "marine resources" includes fish, shellfish, marine mammals, seabirds, and other forms of marine life or waterfowl. (5) MARINE RESOURCES OF THE UNITED STATES.-The term "marine resources of the United States” means— (A) marine resources found in, or which breed within, areas subject to the jurisdiction of the United States, including the exclusive economic zone of the United States; and (B) species of fish, wherever found, that spawn in the fresh or estuarine waters of the United States. (6) SECRETARY.-The term "Secretary" means the Secretary of Commerce. SEC. 4004. MONITORING AGREEMENTS (a) NEGOTIATIONS.-The Secretary, through the Secretary of State and in consultation with the Secretary of the Interior, shall immediately initiate, negotiations with each foreign government that conducts, or authorizes its nationals to conduct, driftnet fishing that results in the taking of marine resources of the United States in waters of the North Pacific Ocean outside of the exclusive economic zone and territorial sea of any nation, for the purpose of entering into agreements for statistically reliable cooperative monitoring and assessment of the numbers of marine resources of the United States killed and retrieved, discarded, or lost by the foreign government's driftnet fishing vessels. Such agreements shall provide for (1) the use of a sufficient number of vessels from which scientists of the United States and the foreign governments may observe and gather reliable information; and (2) appropriate methods of sharing equally the costs associated with such activities. (b) REPORT.-The Secretary, in consultation with the Secretary of State, shall provide to the Congress not later than 1 year after the date of enactment of this Act a full report on the results of negotiations under this section. SEC. 4005. IMPACT REPORT. (a) IN GENERAL.-The Secretary shall provide to the Congress within 1 year after the date of the enactment of this Act, and at such other times thereafter as the Secretary considers appropriate, a report identifying the nature, extent, and effects of driftnet fishing in waters of the North Pacific Ocean on marine resources of the United States. The report shall include the best available information on (1) the number and flag state of vessels involved; (2) the areas fished; (3) the length, width, and mesh size of driftnets used; (4) the number of marine resources of the United States killed by such fishing; (5) the effect of seabird mortality, as determined by the Secretary of the Interior, on seabird populations; and (6) any other information the Secretary considers appropriate. (b) INFORMATION FROM FOREIGN GOVERNMENTS.-The Secretary, through the Secretary of State, shall (1) request relevant foreign governments to provide the information described in subsection (a), and (2) include in a report under this section the information so provided and an evaluation of the adequacy and reliability of such information. SEC. 4006. ENFORCEMENT AGREEMENTS. (a) NEGOTIATIONS.-The Secretary shall immediately initiate, through the Secretary of State and in consultation with the Secretary of the Department in which the Coast Guard is operating negotiations with each foreign government that conducts, or authorizes its nationals to conduct, driftnet fishing that results in the taking of marine resources of the United States in waters of the North Pacific Ocean outside of the exclusive economic zone and territorial sea of any nation, for the purpose of entering into agreements for effective enforcement of laws, regulations, and agreements applicable to the location, season, and other aspects of the operations of the foreign government's driftnet fishing vessels. Such agreements shall include measures for (1) the effective monitoring and detection of violations; (2) the collection and presentation of such evidence of violations as may be necessary for the successful prosecution of such violations by the responsible authorities; (3) reporting to the United States of penalties imposed by the foreign governments for violations; and (4) appropriate methods for sharing equally the costs associated with such activities. (b) CERTIFICATION FOR PURPOSES OF FISHERMEN'S PROTECTIVE ACT OF 1967.-If the Secretary, in consultation with the Secretary of State, determines that a foreign government has failed, within 18 months after the date of the enactment of this Act, to enter into and implement an agreement under subsection (a) or section 4004(a) that is adequate, the Secretary shall certify such fact to the President, which certification shall be deemed to be a certification for the purposes of section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)). SEC. 4007. EVALUATIONS AND RECOMMENDATIONS. (a) MARKING, REGISTRY, AND IDENTIFICATION SYSTEM.-The Secretary shall evaluate, in consultation with officials of other Federal agencies and such other persons as may be appropriate, the feasibility of and develop recommendations for the establishment of a driftnet marking, registry, and identification system to provide a reliable method for the determination of the origin by vessel, of lost, discarded, or abandoned driftnets and fragments of driftnets. In conducting such evaluation, the Secretary shall consider the adequacy of existing driftnet identification systems of foreign nations and the extent to which these systems achieve the objectives of this title. (b) ALTERNATIVE DRIFTNET MATERIALS.-The Secretary, in consultation with such other persons as may be appropriate, shall evaluate the feasibility of, and develop appropriate recommendations for, the use of alternative materials in driftnets for the purpose of 1 increasing the rate of decomposition of driftnets that are discarded or lost at sea. (c) DRIFTNET BOUNTY SYSTEM.-The Secretary, in consultation with such other persons as may be appropriate, shall evaluate the feasibility of and develop appropriate recommendations for the implementation of a driftnet bounty system to pay persons who retrieve from the exclusive economic zone and deposit with the Secretary lost, abandoned, and discarded driftnet and other plastic fishing material. (d) DRIFTNET FISHING VESSEL TRACKING SYSTEM.-The Secretary, in consultation with such other persons as may be appropriate, shall evaluate the feasibility of, and develop appropriate recommendations for, the establishment of a cooperative driftnet fishing vessel tracking system to facilitate efforts to monitor the location of driftnet fishing vessels. (e) REPORT.-The Secretary shall transmit to the Congress not later than 18 months after the date of the enactment of this Act a report setting forth (1) the evaluations and recommendations developed under subsections (a), (b), (c), and (d); (2) the most effective and appropriate means of implementing such recommendations; (3) any need for further research and development efforts and the estimated cost and time required for completion of such efforts; and (4) any need for legislation to provide authority to carry out such recommendations. SEC. 4008. CONSTRUCTION WITH OTHER LAWS. This title shall not serve or be construed to expand or diminish the sovereign rights of the United States, as stated by Presidential Proclamation Numbered 5030, dated March 10, 1983, and reflected in existing law on the date of the enactment of this Act. SEC. 4009. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of Commerce and the Department of State, such sums as may be necessary to carry out the purposes of this title. 6. Wildlife Sanctuary for Humpback Whales 1 Public Law 99–630 [H.J. Res. 67], 100 Stat. 3514, approved November 7, 1986 JOINT RESOLUTION Calling for a wildlife sanctuary for humpback whales in the West Indies. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President shall, in concert with the International Whaling Commission, seek a treaty or other appropriate international agreement establishing a wildlife sanctuary for humpback whales in the West Indies, in the area encompassing the Turks Islands, Mouchoir Passage, Silver Bank Passage, Navidad Bank, and such additional areas in the West Indies as may be necessary to ensure the protection of the breeding grounds of the humpback whales. 1 16 U.S.C. 916 note. 23-974 - O - 90 - 6 7. Pacific Salmon Treaty Act of 1985 Public Law 99–5 [H.R. 1093], 99 Stat. 7, approved March 15, 1985 AN ACT To give effect to the Treaty Between the Government of the United States of America and the Government of Canada Concerning Pacific Salmon, signed at Ottawa, January 28, 1985. 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 Pacific Salmon Treaty Act of 1985". SEC. 2.1 DEFINITIONS. As used in this title, unless the context otherwise requires, the term (a) "Commission" means the Pacific Salmon Commission established by the Treaty; (b) "enhancement" means manmade improvements to natural habitats, or the application of artificial fish culture technology, that will lead to the increase of salmon stocks; (c) "Magnuson Act" means the Act entitled "the Magnuson Fishery Conservation and Management Act," as approved April 13, 1976, and as later amended (16 U.S.C. section 1801 et seq.); (d) "Panel" means any of the Panels established by the Treaty; (e) "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); (f) "salmon" means any anadromous species of the family Salmonidae and genus Oncorhynchus, commonly known as Pacific salmon, including but not limited to: Popular names Scientific name and shall also include Steelhead (Salmo gairdneri); (g) "Secretary" means the Secretary of Commerce; (h) "Treaty" means the Treaty between the Government of the United States of America and the Government of Canada Concerning Pacific Salmon, signed at Ottawa, January 28, 1985; 1 16 U.S.C. 3631. |