16 U.S.C. § 1822 : US Code - Section 1822: International fishery agreements

Search 16 U.S.C. § 1822 : US Code - Section 1822: International fishery agreements

(a) Negotiations
The Secretary of State -
(1) shall renegotiate treaties as provided for in subsection
(b) of this section;
(2) shall negotiate governing international fishery agreements
described in section 1821(c) of this title;
(3) may negotiate boundary agreements as provided for in
subsection (d) of this section;
(4) shall, upon the request of and in cooperation with the
Secretary, initiate and conduct negotiations for the purpose of
entering into international fishery agreements -
(A) which allow fishing vessels of the United States
equitable access to fish over which foreign nations assert
exclusive fishery management authority, and
(B) which provide for the conservation and management of
anadromous species and highly migratory species; and
(5) may enter into such other negotiations, not prohibited by
subsection (c) of this section, as may be necessary and
appropriate to further the purposes, policy, and provisions of
this chapter.
(b) Treaty renegotiation
The Secretary of State, in cooperation with the Secretary, shall
initiate, promptly after April 13, 1976, the renegotiation of any
treaty which pertains to fishing within the exclusive economic zone
(or within the area that will constitute such zone after February
28, 1977), or for anadromous species or Continental Shelf fishery
resources beyond such zone or area, and which is in any manner
inconsistent with the purposes, policy, or provisions of this
chapter, in order to conform such treaty to such purposes, policy,
and provisions. It is the sense of Congress that the United States
shall withdraw from any such treaty, in accordance with its
provisions, if such treaty is not so renegotiated within a
reasonable period of time after April 13, 1976.
(c) International fishery agreements
No international fishery agreement (other than a treaty) which
pertains to foreign fishing within the exclusive economic zone (or
within the area that will constitute such zone after February 28,
1977), or for anadromous species or Continental Shelf fishery
resources beyond such zone or area -
(1) which is in effect on June 1, 1976, may thereafter be
renewed, extended, or amended; or
(2) may be entered into after May 31, 1976;
by the United States unless it is in accordance with the provisions
of section 1821(c) of this title or section 1824(e) of this title.
(d) Boundary negotiations
The Secretary of State, in cooperation with the Secretary, may
initiate and conduct negotiations with any adjacent or opposite
foreign nation to establish the boundaries of the exclusive
economic zone of the United States in relation to any such nation.
(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 migratory
species that are the subject of the agreement and (ii) a
portion of the allowable catch that reflects the traditional
participation by such vessels in the fishery;
(D) effective enforcement of conservation and management
measures and access arrangements throughout the area of
jurisdiction; and
(E) sufficient and dependable funding to implement the
provisions of the agreement, based on reasonable assessments of
the benefits derived by participating nations.
(2) Access negotiations
The Secretary of State, in cooperation with the Secretary,
shall initiate negotiations with respect to obtaining access for
vessels of the United States fishing for tuna species within the
exclusive economic zones of other nations on reasonable terms and
conditions.
(3) Reports
The Secretary of State shall report to the Congress -
(A) within 12 months after November 28, 1990, on the results
of the evaluation required under paragraph (1), together with
recommendations for addressing any inadequacies identified; and
(B) within six months after November 28, 1990, 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 (!1) 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.
(f) Nonrecognition
It is the sense of the Congress that the United States Government
shall not recognize the claim of any foreign nation to an exclusive
economic zone (or the equivalent) beyond such nation's territorial
sea, to the extent that such sea is recognized by the United
States, if such nation -
(1) fails to consider and take into account traditional fishing
activity of fishing vessels of the United States;
(2) fails to recognize and accept that highly migratory species
are to be managed by applicable international fishery agreements,
whether or not such nation is a party to any such agreement; or
(3) imposes on fishing vessels of the United States any
conditions or restrictions which are unrelated to fishery
conservation and management.
(g) Fishery agreement with Russia
(1) The Secretary of State, in consultation with the Secretary,
is authorized to negotiate and conclude a fishery agreement with
Russia of a duration of no more than 3 years, pursuant to which -
(A) Russia will give United States fishing vessels the
opportunity to conduct traditional fisheries within waters
claimed by the United States prior to the conclusion of the
Agreement between the United States of America and the Union of
Soviet Socialist Republics on the Maritime Boundary, signed June
1, 1990, west of the maritime boundary, including the western
special area described in Article 3(2) of the Agreement;
(B) the United States will give fishing vessels of Russia the
opportunity to conduct traditional fisheries within waters
claimed by the Union of Soviet Socialist Republics prior to the
conclusion of the Agreement referred to in subparagraph (A), east
of the maritime boundary, including the eastern special areas
described in Article 3(1) of the Agreement;
(C) catch data shall be made available to the government of the
country exercising fisheries jurisdiction over the waters in
which the catch occurred; and
(D) each country shall have the right to place observers on
board vessels of the other country and to board and inspect such
vessels.
(2) Vessels operating under a fishery agreement negotiated and
concluded pursuant to paragraph (1) shall be subject to regulations
and permit requirements of the country in whose waters the
fisheries are conducted only to the extent such regulations and
permit requirements are specified in that agreement.
(3) The Secretary of Commerce may promulgate such regulations, in
accordance with section 553 of title 5, as may be necessary to
carry out the provisions of any fishery agreement negotiated and
concluded pursuant to paragraph (1).
(h) Bycatch reduction agreements
(1) The Secretary of State, in cooperation with the Secretary,
shall seek to secure an international agreement to establish
standards and measures for bycatch reduction that are comparable to
the standards and measures applicable to United States fishermen
for such purposes in any fishery regulated pursuant to this chapter
for which the Secretary, in consultation with the Secretary of
State, determines that such an international agreement is necessary
and appropriate.
(2) An international agreement negotiated under this subsection
shall be -
(A) consistent with the policies and purposes of this chapter;
and
(B) subject to approval by Congress under section 1823 of this
title.
(3) Not later than January 1, 1997, and annually thereafter, the
Secretary, in consultation with the Secretary of State, shall
submit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Resources of the House of
Representatives a report describing actions taken under this
subsection.