Expressing the sense of the Congress regarding the imposition of sanctions on nations that are undermining the effectiveness of conservation and management measures for Atlantic highly migratory species, including marlin, adopted by the International Commission for the Conservation of Atlantic Tunas and that are threatening the continued viability of United States commercial and recreational fisheries.

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 268 Referred in Senate (RFS)]

1st Session
H. CON. RES. 268

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

October 29, 2003

Received and referred to the Committee on Commerce, Science, and
Transportation

_______________________________________________________________________

CONCURRENT RESOLUTION

Expressing the sense of the Congress regarding the imposition of
sanctions on nations that are undermining the effectiveness of
conservation and management measures for Atlantic highly migratory
species, including marlin, adopted by the International Commission for
the Conservation of Atlantic Tunas and that are threatening the
continued viability of United States commercial and recreational
fisheries.

Whereas some fishing vessels of members and nonmembers of the International
Commission for the Conservation of Atlantic Tunas (hereinafter referred
to as the ``Commission'') that fish in the Commission regulatory area
have not conformed with Commission recommendations for some stocks,
including those promoting the live release of Atlantic marlin;
Whereas repeated nonconformance with Commission recommendations by fishing
vessels of Commission members and nonmembers undermines the
effectiveness of the Commission to establish, maintain, and enforce
conservation measures, including rebuilding plans for overfished species
of fish that are under the Commission's management authority;
Whereas failure of Commission members to enforce Commission conservation and
management measures, including reductions in Atlantic marlin landings,
threatens the continued viability of United States commercial and
recreational fishing industries and undermines conservation goals;
Whereas the Commission has adopted a resolution that further defines the scope
of illegal, unregulated, and unreported fishing activities by large-
scale longline vessels in the Commission regulatory area; and
Whereas such resolution includes provisions directing Commission members and
cooperating nonmembers to take every possible action, consistent with
relevant laws, to prevent the engagement in transaction and
transshipment of tunas and tuna-like species from vessels that engage in
illegal, unregulated, and unreported fishing activities, including
vessels that engage in any fishing that is not in compliance with
relevant Commission conservation and management measures: Now,
therefore, be it
Resolved by the House of Representatives (the Senate concurring),
That it is the sense of Congress that--
(1) the President should, consistent with statutory
authorities and international obligations--
(A) direct the United States Commissioners to the
International Commission for the Conservation of
Atlantic Tunas (in this resolution referred to as the
``Commission'') to seek the establishment of effective
conservation, management, and enforcement measures for
the species under consideration at the 2003 Commission
meeting, including for Atlantic marlin;
(B) continue to encourage members and nonmembers
that fish in the Commission regulatory area to make
every effort to end illegal, unregulated, and
unreported fishing, including any fishing that is not
in conformance with relevant conservation
recommendations adopted by the Commission, including
those concerning Atlantic marlin landing reductions;
(C) make full use of all appropriate diplomatic
mechanisms, relevant international laws and agreements,
and other appropriate mechanisms to ensure conformance
with conservation recommendations for all species under
the Commission's management authority, including
Atlantic marlin; and
(D) continue to encourage the Commission to adopt
conservation recommendations authorizing the use of
enforceable measures to prevent those who fish in the
Commission regulatory area from taking actions that
would undermine the effectiveness of conservation and
management recommendations of the Commission;
(2) when the vessels of a country are being used in the
conduct of fishing operations in the Convention area in a
manner or in such circumstances as would tend to diminish the
effectiveness of the conservation recommendations of the
Commission, the President and the Secretary of Commerce,
consistent with their statutory authorities and international
obligations, should--
(A) exercise their authorities under the Atlantic
Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.);
and
(B) exercise their authorities under the provisions
of the Commission's rules that ensure conformance with
Commission recommendations by member and nonmembers;
and
(3) if nationals of a Commission member or nonmember,
directly or indirectly, are conducting fishing operations in a
manner or under circumstances which diminish the effectiveness
of the Commission's fishery conservation programs, then the
Secretary of Commerce, consistent with international
obligations, should certify that fact under section 8(a)(1) of
the Fishermen's Protective Act of 1967 (22 U.S.C. 1978 (a)(1)).

Passed the House of Representatives October 28, 2003.

Attest:

JEFF TRANDAHL,

Clerk.