[Pages H6915-H6918]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

APPROVING A GOVERNING INTERNATIONAL FISHERY AGREEMENT BETWEEN THE
UNITED STATES AND THE REPUBLIC OF LATVIA

Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3460) to approve a governing international fishery agreement
between the United States and the Republic of Latvia, and for other
purposes, as amended.
The Clerk read as follows:

H.R. 3460

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

SECTION 1. GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH
LATVIA.

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 Latvia, as contained in the message to
Congress from the President of the United States dated
February 3, 1998, is approved 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 Act.

SEC. 2. REAUTHORIZATION OF THE NORTHWEST ATLANTIC FISHERIES
CONVENTION ACT OF 1995.

(a) Reauthorization.--Section 211 of the Northwest Atlantic
Fisheries Convention Act of 1995 (16 U.S.C. 5610) is amended
by striking ``for each of '' and all that follows through the
end of the sentence and inserting ``for each fiscal year
through fiscal year 2001.''.
(b) Miscellaneous Technical Amendments.--The Northwest
Atlantic Fisheries Convention Act of 1995 is further
amended--
(1) in section 207(e) (16 U.S.C. 5606(e)), by striking
``sections'' and inserting ``section'';
(2) in section 209(c) (16 U.S.C. 5608(c)), by striking
``chapter 17'' and inserting ``chapter 171''; and
(3) in section 210(6) (16 U.S.C. 5609(6)), by striking
``the Magnuson Fishery'' and inserting ``the Magnuson-Stevens
Fishery''.
(c) Report Requirement.--The Northwest Atlantic Fisheries
Convention Act of 1995 (16 U.S.C. 201 et seq.) is further
amended by adding at the end the following:

``SEC. 212. ANNUAL REPORT.

``The Secretary shall annually report to the Congress on
the activities of the Fisheries Commission, the General
Council, the Scientific Council, and the consultative
committee established under section 208.''.
(d) North Atlantic Fisheries Organization Quota Allocation
Practice.--The Northwest Atlantic Fisheries Convention Act of
1995 (16 U.S.C. 201 et seq.) is further amended by adding at
the end the following:

``SEC. 213. QUOTA ALLOCATION PRACTICE.

``(a) In General.--The Secretary of Commerce, acting
through the Secretary of State, shall promptly seek to
establish a new practice for allocating quotas under the
Convention that--
``(1) is predictable and transparent;
``(2) provides fishing opportunities for all members of the
Organization; and
``(3) is consistent with the Straddling Fish Stocks
Agreement.
``(b) Report.--The Secretary of Commerce shall include in
annual reports under section 212--
``(1) a description of the results of negotiations held
pursuant to subsection (a);
``(2) an identification of barriers to achieving such a new
allocation practice; and

[[Page H6916]]

``(3) recommendations for any further legislation that is
necessary to achieve such a new practice.
``(c) Definition.--In this section the term `Straddling
Fish Stocks Agreement' means the United Nations Agreement for
the Implementation of the Provisions of the United Nations
Convention on the Law of the Sea of 10 December 1982 Relating
to the Conservation and Management of Straddling Fish Stocks
and Highly Migratory Fish Stocks.''.

SEC. 3. REAUTHORIZATION OF THE ATLANTIC TUNAS CONVENTION ACT
OF 1975.

(a) Reauthorization.--Section 10(4) of the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971h(4)) is amended by
striking ``For fiscal year 1998,'' and inserting ``For each
of fiscal years 1998, 1999, 2000, and 2001,''.
(b) Miscellaneous Technical Amendments.--(1) The Atlantic
Tunas Convention Act of 1975 is further amended--
(A) in section 2 (16 U.S.C. 971), by redesignating the
second paragraph (4) as paragraph (5);
(B) in section 5(b) (16 U.S.C. 971c(b)), by striking
``fisheries zone'' and inserting ``exclusive economic zone'';
(C) in section 6(c)(6) (16 U.S.C. 971d(c)(6))--
(i) by designating the last sentence as subparagraph (B),
and by indenting the first line thereof; and
(ii) in subparagraph (A)(iii), by striking ``subparagraph
(A)'' and inserting ``clause (i)'';
(D) by redesignating the first section 11 (16 U.S.C. 971
note) as section 13, and moving that section so as to appear
after section 12 of that Act;
(E) by amending the style of the heading and designation
for each of sections 11 and 12 so as to conform to the style
of the headings and designations of the other sections of
that Act; and
(F) by striking ``Magnuson Fishery'' each place it appears
and inserting ``Magnuson-Stevens Fishery''.
(2) Section 3(b)(3)(B) of the Act of September 4, 1980
(Public Law 96-339; 16 U.S.C. 971i(b)(3)(B)), is amended by
inserting ``of 1975'' after ``Act''.

SEC. 4. AUTHORITY OF STATES OF WASHINGTON, OREGON, AND
CALIFORNIA TO MANAGE DUNGENESS CRAB FISHERY.

(a) In General.--Subject to the provisions of this section
and notwithstanding section 306(a) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1856(a)),
each of the States of Washington, Oregon, and California may
adopt and enforce State laws and regulations governing
fishing and processing in the exclusive economic zone
adjacent to that State in any Dungeness crab (Cancer
magister) fishery for which there is no fishery management
plan in effect under that Act.
(b) Requirements for State Management.--Any law or
regulation adopted by a State under this section for a
Dungeness crab fishery--
(1) except as provided in paragraph (2), shall apply
equally to vessels engaged in the fishery in the exclusive
economic zone and vessels engaged in the fishery in the
waters of the State, and without regard to the State that
issued the permit under which a vessel is operating;
(2) shall not apply to any fishing by a vessel in exercise
of tribal treaty rights; and
(3) shall include any provisions necessary to implement
tribal treaty rights pursuant to the decision in United
States v. Washington, D.C. No. CV-70-09213.
(c) Limitation on Enforcement of State Limited Access
Systems.--Any law of the State of Washington, Oregon, or
California that establishes or implements a limited access
system for a Dungeness crab fishery may not be enforced
against a vessel that is otherwise legally fishing in the
exclusive economic zone adjacent to that State and that is
not registered under the laws of that State, except a law
regulating landings.
(d) State Permit or Treaty Right Required.--No vessel may
harvest or process Dungeness crab in the exclusive economic
zone adjacent to the State of Washington, Oregon, or
California, except as authorized by a permit issued by any of
those States or pursuant to any tribal treaty rights to
Dungeness crab pursuant to the decision in United States v.
Washington, D.C. No. CV-70-09213.
(e) State Authority Otherwise Preserved.--Except as
expressly provided in this section, nothing in this section
reduces the authority of any State under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.) to regulate fishing, fish processing, or landing of
fish.
(f) Termination of Authority.--The authority of the States
of Washington, Oregon, and California under this section with
respect to a Dungeness crab fishery shall expire on the
effective date of a fishery management plan for the fishery
under the Magnuson-Stevens Fishery Conservation and
Management Act.
(g) Repeal.--Section 112(d) of Public Law 104-297 (16
U.S.C. 1856 note) is repealed.
(h) Definitions.--The definitions set forth in section 3 of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1802) shall apply to this section.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Saxton) and the gentleman from California (Mr. Farr) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Saxton).
Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
(Mr. SAXTON asked and was given permission to revise and extend his
remarks.)
Mr. SAXTON. Mr. Speaker, first let me say a word of thanks to the
gentleman from New York (Mr. Gilman) and the gentleman from Indiana
(Mr. Hamilton), who permitted us to take this bill out of order, and we
will move through this quickly. It is noncontroversial, and we
appreciate very much their consideration.
First, let me say to my friend the gentleman from California (Mr.
Farr), the ranking member of the subcommittee, a strong ``thank you''
for helping on a bipartisan basis to bring this bill to the floor. We
find that most of the good progressive, supportive, forward-looking
things that we do out of our subcommittee are done because of the great
relationship between the majority and the minority both on the Member
and staff level.
Mr. Speaker, I rise in strong support of H.R. 3460 to approve a
governing international fisheries agreement between the United States
and the Republic of Latvia to reauthorize the Atlantic Tuna Convention
Act of 1975, to extend the Northwest Atlantic Fisheries Conservation
Act of 1995 and extend the current regulatory scheme for the Dungeness
crab in the Pacific Ocean.
Governing International Fishery Agreements, GIFAs, are currently
authorized under Title II of the Magnuson-Stevens Fishery Conservation
and Management Act. Foreign fishing vessels may not operate in the U.S.
Exclusive Economic Zone unless they are registered in the country, has
agreed and has signed a GIFA with the United States.
The Northwestern Atlantic Fisheries Convention Act is the
implementing legislation for the convention on the future multilateral
cooperation in the Northwest Atlantic fisheries. The Northwest Atlantic
Fisheries Organization, NAFO, was established in 1979 under the terms
of the convention. While the U.S. has participated in fishery
negotiations in the past, the U.S. did not agree to the convention
until 1996. The implementing legislation delineates our involvement in
the NAFO, which is responsible for managing and conserving fishery
resources from North Carolina to Baffin Bay, Canada, and it establishes
the procedures for the delegate selection and includes a reporting
requirement.
The Atlantic Tunas Convention Act is the implementing legislation for
the International Convention for the Conservation of Atlantic Tuna and
for other species. This bill also speaks strongly to that issue.
The final title of the bill extends the current regulatory scheme of
the Dungeness crab fisheries in the Pacific Ocean. The Pacific Ocean
fisheries for Dungeness crab is found in the State waters off
California, Oregon, Washington and in the EEZ adjacent to those States.
In order to assure continued conservation of the Dungeness crab as
well as accommodate tribal treaty rights, some regulatory authority is
necessary in the EEZ. The Pacific Fisheries Management Council
unanimously recommended that Congress make the in term State authority
permanent. This bill would establish that purpose.
Mr. Speaker, for all of the appropriate reasons I strongly support
this important bill and urge an aye vote on it, and I ask that my
entire statement be placed in the Record.
The statement referred to is as follows:
Mr. Speaker, I rise in strong support for H.R. 3460, to approve a
Governing International Fishery Agreement between the United States and
the Republic of Latvia, to reauthorize the Atlantic Tunas Convention
Act of 1975, to extend the Northwest Atlantic Fisheries Convention Act
of 1995 and extend the current regulatory scheme for Dungeness crab in
the Pacific Ocean.
Governing International Fishery Agreements (GIFAs) are currently
authorized under Title II of the Magnuson-Stevens Fishery Conservation
and Management Act. Foreign fishing vessels may not operate in the U.S.
Exclusive Economic Zone (EEZ) unless they are registered in a country
that has signed a GIFA with the United States. These agreements require
the foreign nations and vessels to comply with all U.S. laws governing
the conservation and management of living marine resources. In return,
foreign fishermen may receive an allocation of any excess fish that our

[[Page H6917]]

government determines is available in the fishery.
The Northwest Atlantic Fisheries Convention Act is the implementing
legislation for the Convention on Future Multilateral Cooperation in
the Northwest Atlantic Fisheries. The Northwest Atlantic Fisheries
Organization (NAFO) was established in 1979 under the terms of the
Convention. While the U.S. has participated in fishery negotiations in
the past, the U.S. did not agree to the Convention until 1996. The
implementing legislation delineates our involvement in NAFO, which is
responsible for managing and conserving fishery resources from North
Carolina to Baffin Bay, Canada, and it establishes the procedures for
delegate selection and includes a reporting requirement.
The Atlantic Tunas Convention Act (ATCA) is the implementing
legislation for the International Convention for the Conservation of
Atlantic Tunas (ICCAT), an international treaty for the conservation
and management of highly migratory tuna and tuna-like species of the
Atlantic Ocean, Gulf of Mexico, and Mediterranean. The Act delineates
the involvement of the United States in ICCAT. It establishes such
necessary procedures as the selection of the U.S. delegates to the
ICCAT Commission, the U.S. Advisory Committee, and Species Working
Groups.
The final title of the bill extends the current regulatory scheme for
the Dungeness crab fishery in the Pacific Ocean. The Pacific Ocean
fishery for Dungeness crab is found in the State waters of California,
Oregon, and Washington and in the EEZ adjacent to those States. A
related tribal fishery is conducted under the provisions of court order
(United States v. Washington) in ocean areas designated by regulation
as tribal ``usual and accustomed'' areas. Conservation and management
regulations are implemented and enforced by the three States and the
tribal governments.
In order to ensure continued conservation of Dungeness crab, as well
as accommodate tribal treaty rights, some regulatory authority is
necessary in the EEZ. The Pacific Fishery Management Council (Council)
unanimously recommended that Congress make the interim State authority
permanent. This bill would accomplish that purpose. While the Council
could develop a fishery management plan, such a step could impose a
fiscal burden on taxpayers, an unnecessary regulatory burden on
harvesters and processors, and it would detract from efforts to
conserve other species under the Council's jurisdiction.
I strongly support this important bill and urge an AYE vote on it.
Mr. SAXTON. Mr. Speaker, I reserve the balance of my time.
Mr. FARR of California. Mr. Speaker, I yield myself such time as I
may consume.
(Mr. FARR of California asked and was given permission to revise and
extend his remarks.)
Mr. FARR of California. Mr. Speaker, I rise in support of H.R. 3460.
I would also like to say before beginning the statement here, point
out how much I have enjoyed working with the gentleman from New Jersey
(Mr. Saxton). I think that our committee is a committee that deals an
awful lot with public domain and the oceans and the resources in the
oceans, and we work in a wonderful bipartisan effort to make sure that
those resources are protected for the citizens of this country and,
frankly, the world, and this legislation in a small way plays a part in
that.
What this legislation does, Mr. Speaker, is reauthorize several
important fishery conventions, including the governing international
fishery agreement between the United States and the Republic of Latvia.
While the international agreement is unlikely to result in a foreign
allocation of fish from U.S. waters, we have in several instances
permitted foreign vessels to process fish caught by U.S. fishermen in
the United States waters. As such, the GIFA, which is the Governing
International Fisheries Agreement, renewal is an important building
block in our long-term bilateral relationships with the Republic of
Latvia and was requested by this administration to potentially allow
both countries to expand their business opportunities.
Section 2 of the bill reauthorizes the Northwest Fisheries Atlantic
Fisheries Convention Act of 1995. Unfortunately, this organization has
not been successful in preventing overfishing in many of the fisheries
managed by treaty nations, and as a result, many of these stocks have
been severely depleted. As the U.S. joined the organization only
recently, we did not participate in the overexploitation of these
resources, and ironically we therefore do not have the catch history to
justify a quota for U.S. fishermen. Improving both conservation efforts
and equity within these organizations should be a primary goal of the
United States as we continue to play a large role in the international
fisheries conventions and agreements.
Section 3 of the bill delineates the U.S. role in the International
Convention for the Conservation of Atlantic Tunas. As we know, many of
the highly migratory species managed by the International Convention
for the Conservation of Atlantic Tunas are overfished and desperately
in need of strong conservation measures. The convention must work
harder to protect these stocks not only from overfishing but also from
nontreaty nations whose activities diminish the effectiveness of the
ICCAT recommendations. This act delineates the involvement of the
United States in this organization, and it authorizes the Secretary of
Commerce to adopt the regulations which are necessary to manage these
valuable stocks consistent with international conservation efforts.
Section 4 of the bill allows the States of California, Oregon and
Washington to continue to cooperatively adopt and enforce State laws to
manage the Dungeness crab fishery in the Exclusive Economic Zone along
the West Coast of the United States. As my colleagues know, that
Exclusive Economic Zone goes out to 200 miles.

{time} 1430

In the Sustainable Fisheries Act of 1996, Congress granted these
States interim authority to manage the Dungeness crab fishery in the
exclusive economic zone while future options for the fishery were
explored. The primary reason for this was to accommodate the rights of
the Northwest Indian tribes to harvest a share of the crab resources
off the Washington coast.
The Pacific Fisheries Management Council was then asked to report to
Congress on progress towards the development of a Federal fishery
management plan. The Council examined the management options for the
fishery, and, after careful evaluation, voted unanimously to request
Congress to allow the existing management structure to be extended.
This legislation does not override the Council's authority in any
way. It is supported by all the States, the tribes, the processors and
the fishermen. The legislation is limited solely to the fishery for
Dungeness crab, and, more importantly, the authority granted to the
States under this bill expires when the Secretary of Commerce approves
a Council fishery management plan for crab.
Mr. YOUNG of Alaska. Mr. Speaker, I am pleased that we are
considering H.R. 3460, a noncontroversial bill that will renew the
Governing International Fishery Agreement with the Republic of Latvia,
and reauthorize the Northwest Atlantic Fisheries Convention Act of 1995
and the Atlantic Tunas Convention Act of 1975 until September 30, 2001.
H.R. 3460 was introduced by Jim Saxton, the chairman of the
Subcommittee on Fisheries Conservation, Wildlife, and Oceans on March
12, 1998.
The Northwest Atlantic Fisheries Convention Act delineates the
involvement of the United States in NAFO, which is responsible for
managing and conserving fishing resources from North Carolina to Baffin
Bay, Canada. The Atlantic Tunas Convention Act is the implementing
legislation for the International Convention for the Conservation of
Atlantic Tunas, and international treaty for the conservation and
management of highly migratory tuna and tuna-like species of the
Atlantic Ocean, Gulf of Mexico, and Mediterranean.
In addition, language from H.R. 3498, the Dungeness Crab Conservation
and Management Act, has been incorporated within this bill. The
Dungeness crab language will allow the States of Washington, Oregon,
and California to continue to jointly manage the Dungness crab fishery
in the Exclusive Economic Zone adjacent to their States.
The Pacific Fishery Management Council has unanimously voted to urge
Congress to extend the interim management authority that was granted to
the States by the Sustainable Fisheries Act of 1996. This bill
specifically states that if the Pacific Council, at any time,
determines there is a need for and approves a Federal fishery
management plan for this fishery, then the authority given to the
States would be terminated.
This legislation is time-sensitive because the temporary authority
given to the States will soon expire and Members should vote for this
innovative conservation and management measure.

[[Page H6918]]

I urge an ``aye'' vote on H.R. 3460.
Mr. FARR of California. Mr. Speaker, I yield back the balance of my
time.
Mr. SAXTON. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Barrett of Nebraska). The question is on
the motion offered by the gentleman from New Jersey (Mr. Saxton) that
the House suspend the rules and pass the bill, H.R. 3460, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.

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