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(continued)
shark-finning by such persons and the landing or transshipment
of shark fins through foreign ports; and
"(B) entering into bilateral and multilateral treaties with
such countries to protect such species;
"(3) seek agreements calling for an international ban on
shark-finning and other fishing practices adversely affecting
these species through the United Nations, the Food and
Agriculture Organization's Committee on Fisheries, and
appropriate regional fishery management bodies;
"(4) initiate the amendment of any existing international
treaty for the protection and conservation of species of sharks
to which the United States is a party in order to make such
treaty consistent with the purposes and policies of this section;
"(5) urge other governments involved in fishing for or
importation of shark or shark products to fulfill their
obligations to collect biological data, such as stock abundance
and by-catch levels, as well as trade data, on shark species as
called for in the 1995 Resolution on Cooperation with FAO with
Regard to study on the Status of Sharks and By-Catch of Shark
Species; and
"(6) urge other governments to prepare and submit their
respective National Plan of Action for the Conservation and
Management of Sharks to the 2001 session of the FAO Committee on
Fisheries, as set forth in the International Plan of Action for
the Conservation and Management of Sharks.

"SEC. 6. REPORT TO CONGRESS.
"The Secretary of Commerce, in consultation with the Secretary of
State, shall provide to Congress, by not later than 1 year after
the date of the enactment of this Act [Dec. 21, 2000], and every
year thereafter, a report which -
"(1) includes a list that identifies nations whose vessels
conduct shark-finning and details the extent of the international
trade in shark fins, including estimates of value and information
on harvesting of shark fins, and landings or transshipment of
shark fins through foreign ports;
"(2) describes the efforts taken to carry out this Act, and
evaluates the progress of those efforts;
"(3) sets forth a plan of action to adopt international
measures for the conservation of sharks; and
"(4) includes recommendations for measures to ensure that
United States actions are consistent with national,
international, and regional obligations relating to shark
populations, including those listed under the Convention on
International Trade in Endangered Species of Wild Flora and
Fauna.

"SEC. 7. RESEARCH.
"The Secretary of Commerce, subject to the availability of
appropriations authorized by section 10, shall establish a research
program for Pacific and Atlantic sharks to engage in the following
data collection and research:
"(1) The collection of data to support stock assessments of
shark populations subject to incidental or directed harvesting by
commercial vessels, giving priority to species according to
vulnerability of the species to fishing gear and fishing
mortality, and its population status.
"(2) Research to identify fishing gear and practices that
prevent or minimize incidental catch of sharks in commercial and
recreational fishing.
"(3) Research on fishing methods that will ensure maximum
likelihood of survival of captured sharks after release.
"(4) Research on methods for releasing sharks from fishing gear
that minimize risk of injury to fishing vessel operators and
crews.
"(5) Research on methods to maximize the utilization of, and
funding to develop the market for, sharks not taken in violation
of a fishing management plan approved under section 303 or
section 307(1)(P) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1853, 1857(1)(P)).
"(6) Research on the nature and extent of the harvest of sharks
and shark fins by foreign fleets and the international trade in
shark fins and other shark products.

"SEC. 8. WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH
PROGRAM.
"The National Marine Fisheries Service, in consultation with the
Western Pacific Fisheries Management Council, shall initiate a
cooperative research program with the commercial longlining
industry to carry out activities consistent with this Act,
including research described in section 7 of this Act. The service
[Service] may initiate such shark cooperative research programs
upon the request of any other fishery management council.

"SEC. 9. SHARK-FINNING DEFINED.
"In this Act, the term 'shark-finning' means the taking of a
shark, removing the fin or fins (whether or not including the tail)
of a shark, and returning the remainder of the shark to the sea.

"SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to the Secretary of
Commerce for fiscal years 2001 through 2005 such sums as are
necessary to carry out this Act."

CERTIFICATE OF LEGAL ORIGIN FOR ANADROMOUS FISH PRODUCTS
Section 801 of Pub. L. 101-627 provided that:
"(a) Negotiations. - Within 60 days after the date of enactment
of this Act [Nov. 28, 1990], the Secretary of State shall commence
negotiations with nations which import or export anadromous fish or
anadromous fish products for the purpose of securing general
agreement among such nations to implement effective measures to
prohibit international trade in anadromous fish or anadromous fish
products unless such fish or fish products are accompanied by a
valid certificate of legal origin attesting that the fish or fish
product was lawfully harvested -
"(1) within the jurisdiction of a nation having naturally
occurring or artificially established anadromous fish populations
of the same species as the imported or exported product; or
"(2) on the high seas according to an international agreement
among nations with jurisdiction over more than 1 percent of the
stocks of anadromous fish being so harvested.
"(b) Issuance of Certificates. - For the purposes of subsection
(a), a valid certificate of legal origin may be issued only by a
nation which -
"(1) is the nation having jurisdiction over the vessel or other
means by which the fish or fish product was harvested; and
"(2) maintains regular harvests of anadromous fish in a manner
consistent with the criteria for lawful harvests set out in
subsection (a).
"(c) Bilateral or Multilateral Agreements. - Efforts undertaken
by the Secretary of State pursuant to subsection (a) may, at the
discretion of the Secretary, be directed toward achieving either
bilateral or multilateral agreements, including trade agreements,
whichever the Secretary determines to be most likely to result in
the earliest possible date or dates of agreement by those nations
which individually have in excess of $1,000,000, or the equivalent,
in import or export trade in anadromous fish and anadromous fish
products.
"(d) Regulations. - The Secretary of Commerce shall, within 180
days after the date of enactment of this Act [Nov. 28, 1990],
promulgate regulations providing for -
"(1) the issuance of certificates of legal origin pursuant to
agreements under subsection (a) for anadromous fish and
anadromous fish products legally harvested by vessels of the
United States;
"(2) the delegation of the authority to issue certificates of
legal origin to States, territories, or possessions of the United
States which the Secretary of Commerce determines to have
implemented a program which is sufficient to accomplish the
purposes of subsection (a); and
"(3) an orderly transition to such regulations, sufficient to
ensure that United States commerce in anadromous fish and
anadromous fish products is not unduly disrupted.
"(e) Report Required. - The Secretary of Commerce, after
consultation with the Secretary of the Treasury, shall, within 180
days after the date of enactment of this Act [Nov. 28, 1990],
submit to the Congress a report -
"(1) making recommendations as to the need for the adoption of
United States import and export restrictions on anadromous fish
and anadromous fish products consistent with subsection (a); and
"(2) identifying, evaluating, and making recommendations
regarding any specific statutory or regulatory changes that may
be necessary for the adoption of such restrictions.
"(f) Certification. - If, at any time following the promulgation
of the regulations required by subsection (d), the Secretary of
Commerce finds that any nation is engaging in trade in unlawfully
taken anadromous fish or anadromous fish products, the Secretary
shall certify that fact to the President, which certification shall
be deemed to be a certification for the purposes of section 8(a)(1)
of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)(1))."

DRIFTNET IMPACT MONITORING, ASSESSMENT, AND CONTROL
Pub. L. 100-220, title IV, Dec. 29, 1987, 101 Stat. 1477, as
amended by Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II,
Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided
that:

"SEC. 4001. SHORT TITLE.
"This title may be cited as the 'Driftnet Impact Monitoring,
Assessment, and Control Act of 1987'.

"SEC. 4002. FINDINGS.
"The Congress finds that -
"(1) the use of long plastic driftnets is a fishing technique
that may result in the entanglement and death of enormous numbers
of target and nontarget marine resources in the waters of the
North Pacific Ocean, including the Bering Sea;
"(2) there is a pressing need for detailed and reliable
information on the number of marine resources that become
entangled and die in actively fished driftnets and in driftnets
that are lost, abandoned, or discarded; and
"(3) increased efforts are necessary to monitor, assess, and
reduce the adverse impacts of driftnets.

"SEC. 4003. DEFINITIONS.
"As used in this title -
"(1) Driftnet. - The term 'driftnet' means a gillnet composed
of a panel of plastic webbing one and one-half miles or more in
length.
"(2) Driftnet fishing. - The term 'driftnet fishing' means a
fish-harvesting method in which a driftnet is placed in water and
allowed to drift with the currents and winds for the purpose of
entangling fish in the webbing.
"(3) Exclusive economic zone of the united states. - The term
'exclusive economic zone of the United States' means the zone
defined in section 3(6) [now 3(11)] of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1802(b)
[1802(11)]).
"(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 statistically reliable information; and
"(2) appropriate methods for 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 [Dec. 29, 1987] 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 [Dec. 29,
1987], 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 [Dec. 29, 1987],
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 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
[Dec. 29, 1987] 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 [this note] 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 [16
U.S.C. 1453 note], and reflected in existing law on the date of the
enactment of this Act [Dec. 29, 1987].

"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."
[For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.]

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1821 of this title.

-FOOTNOTE-
(!1) So in original.


-End-



-CITE-
16 USC Sec. 1823 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY
AGREEMENTS

-HEAD-
Sec. 1823. Congressional oversight of international fishery
agreements

-STATUTE-
(a) In general
No governing international fishery agreement, bycatch reduction
agreement, or Pacific Insular Area fishery agreement shall become
effective with respect to the United States before the close of the
first 120 days (excluding any days in a period for which the
Congress is adjourned sine die) after the date on which the
President transmits to the House of Representatives and to the
Senate a document setting forth the text of such governing
international fishery agreement, bycatch reduction agreement, or
Pacific Insular Area fishery agreement. A copy of the document
shall be delivered to each House of Congress on the same day and
shall be delivered to the Clerk of the House of Representatives, if
the House is not in session, and to the Secretary of the Senate, if
the Senate is not in session.
(b) Referral to committees
Any document described in subsection (a) of this section shall be
immediately referred in the House of Representatives to the
Committee on Merchant Marine and Fisheries, and in the Senate to
the Committees on Commerce, Science, and Transportation and on
Foreign Relations.
(c) Congressional procedures
(1) Rules of the House of Representatives and Senate
The provisions of this section are enacted by the Congress -
(A) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and they are
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of fishery agreement resolutions
described in paragraph (2), and they supersede other rules only
to the extent that they are inconsistent therewith; and
(B) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to the
procedure of that House) at any time, and in the same manner
and to the same extent as in the case of any other rule of that
House.
(2) "Fishery agreement resolution" defined
For purposes of this subsection, the term "fishery agreement
resolution" refers to a joint resolution of either House of
Congress -
(A) the effect of which is to prohibit the entering into
force and effect of any governing international fishery
agreement, bycatch reduction agreement, or Pacific Insular Area
fishery agreement the text of which is transmitted to the
Congress pursuant to subsection (a) of this section; and
(B) which is reported from the Committee on Merchant Marine
and Fisheries of the House of Representatives or the Committee
on Commerce, Science, and Transportation or the Committee on
Foreign Relations of the Senate, not later than 45 days after
the date on which the document described in subsection (a) of
this section relating to that agreement is transmitted to the
Congress.
(3) Placement on calendar
Any fishery agreement resolution upon being reported shall
immediately be placed on the appropriate calendar.
(4) Floor consideration in the House
(A) A motion in the House of Representatives to proceed to the
consideration of any fishery agreement resolution shall be highly
privileged and not debatable. An amendment to the motion shall
not be in order, nor shall it be in order to move to reconsider
the vote by which the motion is agreed to or disagreed to.
(B) Debate in the House of Representatives on any fishery
agreement resolution shall be limited to not more than 10 hours,
which shall be divided equally between those favoring and those
opposing the resolution. A motion further to limit debate shall
not be debatable. It shall not be in order to move to recommit
any fishery agreement resolution or to move to reconsider the
vote by which any fishery agreement resolution is agreed to or
disagreed to.
(C) Motions to postpone, made in the House of Representatives
with respect to the consideration of any fishery agreement
resolution, and motions to proceed to the consideration of other
business, shall be decided without debate.
(D) All appeals from the decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to any fishery agreement resolution shall be
decided without debate.
(E) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of any fishery
agreement resolution shall be governed by the Rules of the House
of Representatives applicable to other bills and resolutions in
similar circumstances.
(5) Floor consideration in the Senate
(A) A motion in the Senate to proceed to the consideration of
any fishery agreement resolution shall be privileged and not
debatable. An amendment to the motion shall not be in order, nor
shall it be in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(B) Debate in the Senate on any fishery agreement resolution
and on all debatable motions and appeals in connection therewith
shall be limited to not more than 10 hours. The time shall be
equally divided between, and controlled by, the majority leader
and the minority leader or their designees.
(C) Debate in the Senate on any debatable motion or appeal in
connection with any fishery agreement resolution shall be limited
to not more than 1 hour, to be equally divided between, and
controlled by, the mover of the motion or appeal and the manager
of the resolution, except that if the manager of the resolution
is in favor of any such motion or appeal, the time in opposition
thereto shall be controlled by the minority leader or his
designee. The majority leader and the minority leader, or either
of them, may allot additional time to any Senator during the
consideration of any debatable motion or appeal, from time under
their control with respect to the applicable fishery agreement
resolution.
(D) A motion in the Senate to further limit debate is not
debatable. A motion to recommit any fishery agreement resolution
is not in order.

-SOURCE-
(Pub. L. 94-265, title II, Sec. 203, Apr. 13, 1976, 90 Stat. 340;
Pub. L. 103-437, Sec. 6(x), Nov. 2, 1994, 108 Stat. 4587; Pub. L.
104-297, title I, Sec. 105(c), Oct. 11, 1996, 110 Stat. 3564.)


-MISC1-
AMENDMENTS
1996 - Pub. L. 104-297, Sec. 105(c)(1), substituted
"international" for "governing international" in section catchline.
Subsec. (a). Pub. L. 104-297, Sec. 105(c)(2), (3), inserted ",
bycatch reduction agreement, or Pacific Insular Area fishery
agreement" after "international fishery agreement" in two places
and substituted "120 days (excluding any days in a period for which
the Congress is adjourned sine die)" for "60 calendar days of
continuous session of the Congress".
Subsec. (c). Pub. L. 104-297, Sec. 105(c)(4), (5), redesignated
subsec. (d) as (c) and struck out heading and text of former
subsec. (c). Text read as follows: "For purposes of subsection (a)
of this section -
"(1) continuity of session is broken only by an adjournment of
Congress sine die; and
"(2) the days on which either House is not in session because
of an adjournment of more than 3 days to a day certain are
excluded in the computation of the 60-day period."
Subsec. (c)(2)(A). Pub. L. 104-297, Sec. 105(c)(6), substituted
"agreement, bycatch reduction agreement, or Pacific Insular Area
fishery agreement" for "agreement".
Subsec. (d). Pub. L. 104-297, Sec. 105(c)(5), redesignated
subsec. (d) as (c).
1994 - Subsec. (b). Pub. L. 103-437, Sec. 6(x)(1), substituted
"Commerce, Science, and Transportation and on" for "Commerce and".
Subsec. (d)(2)(B). Pub. L. 103-437, Sec. 6(x)(2), substituted
"Commerce, Science, and Transportation" for "Commerce".

SHORT TITLE OF 1995 AMENDMENT
Pub. L. 104-43, title V, Sec. 501, Nov. 3, 1995, 109 Stat. 391,
provided that: "This title [amending provisions set out below] may
be cited as the 'Sea of Okhotsk Fisheries Enforcement Act of
1995'."


-TRANS-
ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Committee on Merchant Marine and Fisheries of House of
Representatives treated as referring to Committee on Resources of
House of Representatives in case of provisions 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 by section 1(b)(3) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.


-MISC2-
GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH POLAND
Pub. L. 105-384, title I, Sec. 101, Nov. 13, 1998, 112 Stat.
3451, provided that: "Notwithstanding section 203 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1823), the governing international fishery agreement between the
Government of the United States of America and the Government of
the Republic of Poland, as contained in the message to Congress
from the President of the United States dated February 5, 1998, is
approved as a governing international fishery agreement for the
purposes of such Act [16 U.S.C. 1801 et seq.] and shall enter into
force and effect with respect to the United States on the date of
the enactment of this Act [Nov. 13, 1998]."

GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH REPUBLIC OF ESTONIA
Pub. L. 102-587, title I, Sec. 1001, Nov. 4, 1992, 106 Stat.
5039, provided that the governing international fishery agreement
between the Government of the United States of America and the
Government of the Republic of Estonia, was approved by Congress as
a governing international fishery agreement for purposes of this
chapter and was to enter into force and effect with respect to the
United States on Nov. 4, 1992.

FISHERIES ENFORCEMENT IN CENTRAL BERING SEA AND CENTRAL SEA OF
OKHOTSK
Pub. L. 102-582, title III, Nov. 2, 1992, 106 Stat. 4906, as
amended by Pub. L. 104-43, title V, Sec. 502, Nov. 3, 1995, 109
Stat. 391; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II,
Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, which
provided that this title was to be cited as the "Central Bering Sea
Fisheries Enforcement Act of 1992", prohibited vessels and
nationals of United States from conducting fishing operations in
Central Bering Sea and Central Sea of Okhotsk, except where such
fishing operations were conducted in accordance with international
fishery agreement to which United States and Russian Federation
were parties, further provided for civil penalties and permit
sanctions for violations of these provisions as well as authority
to deny port privileges for fishing in Central Bering Sea, further
authorized Secretary of Commerce to issue regulations restricting
fishing in United States exclusive economic zone, and further
provided for definition of terms and that this title would cease to
have force and effect after the date that is seven years after Nov.
2, 1992, except that any proceeding with respect to violations
occurring prior to such date was to be conducted as if these
provisions were still in effect.

NORTH PACIFIC AND BERING SEA FISHERIES ADVISORY BODY
Pub. L. 100-629, Sec. 5, Nov. 7, 1988, 102 Stat. 3287, provided
that:
"(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.
"(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 resources.
"(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."

GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH RUSSIAN FEDERATION
Pub. L. 103-206, title VII, Sec. 701, Dec. 20, 1993, 107 Stat.
2446, as amended by Pub. L. 104-208, div. A, title I, Sec. 101(a)
[title II, Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41,
provided that: "The Agreement between the Government of the United
States of America and the Government of the Russian Federation on
Mutual Fisheries Relations which was entered into on May 31, 1988,
and which expired by its terms on October 28, 1993, may be brought
into force again for the United States through an exchange of notes
between the United States of America and the Russian Federation and
may remain in force and effect on the part of the United States
until May 1, 1994, and may be amended or extended by a subsequent
agreement to which section 203 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1823) applies."
Pub. L. 100-629, Sec. 1, Nov. 7, 1988, 102 Stat. 3286, provided
that the governing international fishery agreement entered into
between the Government of the United States and the Government of
the Union of Soviet Socialist Republics was approved by Congress
and was to enter into force and effect with respect to the United
States on Nov. 7, 1988.

GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH GERMAN DEMOCRATIC
REPUBLIC
Pub. L. 100-350, Sec. 1, June 27, 1988, 102 Stat. 660, provided
that extension of governing international fishery agreement between
the Government of the United States of America and the Government
of the German Democratic Republic was approved by Congress as a
governing international fishery agreement for purposes of this
chapter, and was to enter into force and effect with respect to the
United States on June 27, 1988.

GOVERNING INTERNATIONAL FISHERY AGREEMENTS WITH ICELAND AND THE
EUROPEAN ECONOMIC COMMUNITY
Pub. L. 98-623, title I, Nov. 8, 1984, 98 Stat. 3394, as amended
by Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec.
211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that:
"Notwithstanding section 203 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1823) [this section] -
"(1) the governing international fishery agreement between the
Government of the United States and the European Economic
Community Concerning Fisheries Off the Coasts of the United
States, as contained in the Message to Congress from the
President of the United States dated August 27, 1984, is hereby
approved by Congress as a governing international fishery
agreement for purposes of that Act [this chapter], and may enter
into force with respect to the United States in accordance with
the terms of Article XIX of the agreement after the date of the
enactment of this title [Nov. 8, 1984], upon signature of the
agreement by both parties; and
"(2) the governing international fishery agreement between the
Government of the United States and the Government of the
Republic of Iceland Concerning Fisheries Off the Coasts of the
United States, as contained in the message to Congress from the
President of the United States dated September 29, 1984, is
hereby approved by Congress as a governing international fishery
agreement for purposes of that Act [this chapter], and may enter
into force with respect to the United States in accordance with
the terms of Article XVI of the agreement after the date of the
enactment of this title [Nov. 8, 1984]."

GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH FAROE ISLANDS AND
DENMARK
Pub. L. 98-498, title IV, Sec. 440, Oct. 19, 1984, 98 Stat. 2310,
as amended by Pub. L. 104-208, div. A, title I, Sec. 101(a) [title
II, Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided
that: "Notwithstanding section 203 of the Magnuson-Stevens Fishery
Conservation and Management Act of 1976 [this section], the
Governing International Fishery Agreement between the Government of
the United States of America of the One Part and the Home
Government of the Faroe Islands and the Government of Denmark of
the Other Part Concerning Faroese Fishing in Fisheries Off the
Coasts of the United States, as contained in the message to
Congress from the President of the United States dated July 13,
1984 -
"(1) is approved by Congress as a governing international
fishery agreement for purposes of that Act [this chapter]; and
"(2) may enter into force with respect to the United States in
accordance with the terms of Article XVI of the Agreement
following the enactment of this title [Oct. 19, 1984]."

GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH JAPAN
Pub. L. 101-224, Sec. 7, Dec. 12, 1989, 103 Stat. 1907, provided
that the governing international fishery agreement entered into
between the Government of the United States and the Government of
Japan was approved by Congress and was to enter into force and
effect with respect to the United States on Dec. 12, 1989.
Pub. L. 100-220, title I, Sec. 1001, Dec. 29, 1987, 101 Stat.
1459, provided that the governing international fishery agreement
between the Government of the United States of America and the
Government of Japan Concerning Fisheries Off the Coasts of the
United States was approved by Congress as a governing international
fishery agreement for the purposes of this chapter, and was to
enter into force and effect with respect to the United States on
Dec. 29, 1987.
Pub. L. 97-389, title IV, Sec. 401, Dec. 29, 1982, 96 Stat. 1954,
provided that the governing international fishery agreement entered
into between the Government of the United States and the Government
of Japan pursuant to this chapter, signed at Washington on Sept.
10, 1982, was approved, and was effective on Jan. 1, 1983.

GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH SPAIN
Pub. L. 97-389, title IV, Sec. 402, Dec. 29, 1982, 96 Stat. 1954,
provided for approval of the governing international fishery
agreement entered into between the Government of the United States
and the Government of Spain pursuant to this chapter.

GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH PORTUGAL
Pub. L. 96-561, title I, Sec. 145, title II, Sec. 238(b), Dec.
22, 1980, 94 Stat. 3287, 3300, provided that the governing
international fishery agreement between the Government of the
United States of America and the Government of Portugal Concerning
Fisheries Off the Coasts of the United States was approved by
Congress as a governing international fishery agreement for the
purposes of this chapter, and was to enter into force and effect
with respect to the United States on Dec. 22, 1980.

EXTENSION OF INTERNATIONAL FISHERY AGREEMENTS
Pub. L. 100-66, Sec. 1, July 10, 1987, 101 Stat. 384, provided
that the governing international fishery agreement entered into
between the Government of the United States and the Government of
the Republic of Korea on July 26, 1982, was to remain in force and
effect with respect to the United States until the closing date of
the sixty-day period referred to in subsec. (a) of this section
that applied with respect to any new governing international
fishery agreement between the United States and the Republic of
Korea that was transmitted to the Congress under subsec. (a) of
this section after May 1, 1987, or Nov. 1, 1987, whichever was
earlier.
Pub. L. 98-364, title I, Sec. 106, July 17, 1984, 98 Stat. 442,
provided that upon certification by Secretary of State to President
of the Senate and Speaker of the House of Representatives that a
new governing international fishery agreement in conformity with
this chapter had been negotiated by the United States and the
European Economic Community, the existing governing international
fishery agreement referred to in section 2(a)(7) of Pub. L. 95-6,
formerly set out below, could be extended or reinstated and could
be in force and effect with respect to the United States, for the
period of time ending on the earlier of (1) the effective date of
the new governing international fishery agreement, or (2) Sept. 30,
1984.
Pub. L. 97-212, Sec. 10(b), June 30, 1982, 96 Stat. 148, provided
that the governing international fishery agreements referred to in
section 2(a)(9) and (10) of Pub. L. 95-6, formerly set out below,
were to be extended, and were to be in force and effect with
respect to the United States, for the period of time ending on the
deadline for completion of congressional review, pursuant to
subsec. (a) of this section, of any new governing international
fishery agreement signed, on or before July 31, 1982, by the United
States and the respective foreign government that was a party to
the agreement in question, or July 31, 1982, if the United States
and the respective foreign government that was a party to the
agreement in question failed to sign a new governing international
fishery agreement on or before that date.

CONGRESSIONAL APPROVAL OF CERTAIN GOVERNING INTERNATIONAL FISHERY
AGREEMENTS
Pub. L. 95-6, Sec. 2, Feb. 21, 1977, 91 Stat. 15, as amended by
Pub. L. 95-8, Sec. 1, Mar. 3, 1977, 91 Stat. 18; Pub. L. 95-219,
Sec. 1, Dec. 28, 1977, 91 Stat. 1613; Pub. L. 96-561, title II,
Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 97-212, Sec.
10(a), June 30, 1982, 96 Stat. 148; Pub. L. 98-44, title I, Sec.
105, July 12, 1983, 97 Stat. 217; Pub. L. 98-364, title I, Sec.
105, July 17, 1984, 98 Stat. 442, provided for the approval by
Congress, as a governing international fishery agreement for
purposes of this chapter, of the governing international fishery
agreement between -
(1) the Government of the United States and the Government of
the People's Republic of Bulgaria Concerning Fisheries Off the
Coasts of the United States;
(2) the Government of the United States and the Government of
the Socialist Republic of Romania Concerning Fisheries Off the
Coasts of the United States;
(3) the Government of the United States and the Government of
the Republic of China Concerning Fisheries Off the Coasts of the
United States;
(4) the Government of the United States and the Government of
the German Democratic Republic Concerning Fisheries Off the
Coasts of the United States;
(5) the Government of the United States and the Government of
the Union of Soviet Socialist Republics Concerning Fisheries Off
the Coasts of the United States;
(6) the Government of the United States and the Government of
the Polish People's Republic Concerning Fisheries Off the Coasts
of the United States;
(7) the Government of the United States and the European
Economic Community Concerning Fisheries Off the Coasts of the
United States;
(8) the Government of the United States and the Government of
Japan Concerning Fisheries Off the Coasts of the United States
(for 1977);
(9) the Government of the United States and the Government of
the Republic of Korea Concerning Fisheries Off the Coasts of the
United States;
(10) the Government of the United States and the Government of
Spain Concerning Fisheries Off the Coasts of the United States;
(11) the Government of the United States and the Government of
Mexico Concerning Fisheries Off the Coasts of the United States;
(12) the Government of the United States and the Government of
the Union of Soviet Socialist Republics referred to in par. (5),
as extended until July 1, 1983, pursuant to Diplomatic Notes;
(13) the American Institute in Taiwan and the Coordination
Council for North American Affairs;
(14) the Government of the United States and the Government of
the Polish People's Republic referred to in par. (6), as extended
until July 1, 1983, pursuant to Diplomatic Notes;
(15) the Government of the United States and the Government of
the Union of Soviet Socialist Republics referred to in par. (5),
as extended until Dec. 31, 1985, pursuant to Diplomatic Notes;
(16) the Government of the United States and the Government of
the Polish People's Republic referred to in par. (6), as extended
until Dec. 31, 1985, pursuant to Diplomatic Notes; and
(17) the Government of the United States and the Government of
the German Democratic Republic referred to in par. (4);
and provided further that the agreements referred to in pars. (1)
to (6) were to enter into force and effect with respect to the
United States on Feb. 21, 1977, that the agreements referred to in
pars. (7) to (11) were to enter into force and effect with respect
to the United States on Feb. 27, 1977, that the agreements referred
to in pars. (12) to (14) were to enter into force and effect with
respect to the United States on July 1, 1982, that the agreements
referred to in pars. (15) and (16) were to enter into force and
effect with respect to the United States on July 1, 1984, and that
the agreement referred to in par. (17) was to enter into force and
effect with respect to the United States on July 1, 1983.

RECIPROCAL FISHERIES AGREEMENT BETWEEN UNITED STATES AND CANADA
Pub. L. 95-6, Sec. 5, as added Pub. L. 95-73, July 27, 1977, 91
Stat. 283; amended Pub. L. 95-314, July 1, 1978, 92 Stat. 376; Pub.
L. 96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300,
provided for congressional approval of the Reciprocal Fisheries
Agreement for 1978 between the Government of the United States and
the Government of Canada, and that the Agreement was to be in force
and effect with respect to the United Statesfrom Jan. 1, 1978, (continued)