§1823. Congressional oversight of governing international fishery agreements
(a) In general
No governing international fishery agreement shall become effective with respect to the United States before the close of the first 60 calendar days of continuous session of the Congress 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. 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) Computation of 60-day period
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.
(d) 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 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.
(
Amendments
1994-Subsec. (b).
Subsec. (d)(2)(B).
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction given primarily to Committee on Transportation and Infrastructure of House of Representatives, and remainder of jurisdiction given to Committees on National Security and on Resources of House of Representatives, by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Governing International Fishery Agreement With Republic of Estonia
Fisheries Enforcement in Central Bering Sea
"SEC. 301. SHORT TITLE.
"This title may be cited as the 'Central Bering Sea Fisheries Enforcement Act of 1992'.
"SEC. 302. PROHIBITION APPLICABLE TO UNITED STATES VESSELS AND NATIONALS.
"(a)
"(b)
"SEC. 303. PORT PRIVILEGES DENIAL FOR FISHING IN CENTRAL BERING SEA.
"(a)
"(1) withhold or revoke the clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91) for any fishing vessel documented under the laws of a nation that is included on a list published under subsection (b); and
"(2) deny entry of such fishing vessel to any place in the United States and to the navigable waters of the United States.
"(b)
"(1) the nationals and vessels of that nation have not conducted fishing operations in the Central Bering Sea for the previous ninety days and the nation has committed, through a bilateral agreement with the United States or in any other manner acceptable to the Secretary of Commerce, not to permit its nationals or vessels to resume such fishing operations; or
"(2) the nationals and vessels of that nation are conducting fishing operations in the Central Bering Sea that are in accordance with an international fishery agreement to which the United States and the Russian Federation are parties.
"(c)
"SEC. 304. DURATION OF PORT PRIVILEGES DENIAL.
"Any denial of port privileges under section 303 with respect to any fishing vessel of a nation shall remain in effect until such nation is no longer listed under section 303(b).
"SEC. 305. RESTRICTION ON FISHING IN UNITED STATES EXCLUSIVE ECONOMIC ZONE.
"(a)
"(1) any permitted fishing vessel from catching, taking, or harvesting fish in a fishery under the geographical authority of the North Pacific Fishery Management Council if such vessel is owned or controlled by any person that also owns or controls a fishing vessel that is listed on the addendum under section 303(b);
"(2) any processing facility from receiving any fish caught, taken, or harvested in a fishery under the geographical authority of the North Pacific Fishery Management Council if such facility is owned or controlled by any person that also owns or controls a fishing vessel that is listed on the addendum under section 303(b); and
"(3) any permitted fishing vessel from delivering fish caught, taken, or harvested in a fishery under the geographic authority of the North Pacific Fishery Management Council to a processing facility that is owned or controlled by any person that also owns or controls a fishing vessel that is listed on the addendum under section 303(b).
"(b)
"(c)
"(1) establish procedures for a person to appeal a decision to impose a prohibition under subsection (a) on a vessel or processing facility owned or controlled by that person; and
"(2) specify procedures for the removal of any prohibition imposed on a vessel or processing facility under subsection (a)-
"(A) upon publication of a revised list under section 303(b), and a revised addendum which does not include a fishing vessel owned or controlled by the person who also owns or controls the vessel or facility to which the prohibition applies; or
"(B) on the date that is ninety days after such person terminates ownership and control in fishing vessels that are listed on the addendum under section 303(b).
"SEC. 306. DEFINITIONS.
"In this title, the following definitions apply:
"(1)
"(2)
"(A) catching, taking, or harvesting fish; or
"(B) aiding or assisting one or more vessels at sea in the performance of fishing operations, including preparation, supply, storage, refrigeration, transportation, or processing.
"(3)
"(A) the term 'owns' means holding legal title to the vessel or processing facility; and
"(B) the term 'controls' includes an absolute right to direct the business of the person owning the vessel or processing facility, to limit the actions of or replace the chief executive officer (by whatever title), a majority of the board of directors, or any general partner (as applicable) of such person, to direct the transfer or operations of the vessel or processing facility, or otherwise to exercise authority over the business of such person, but the term does not include the right simply to participate in those activities of such person or the right to receive a financial return, such as interest or the equivalent of interest, on a loan or other financing obligation.
"(4)
"(5)
"(6)
"SEC. 307. TERMINATION.
"This title shall cease to have force and effect after the date that is seven years after the date of enactment of this Act [Nov. 2, 1992], except that any proceeding with respect to violations of section 302 occurring prior to such termination date shall be conducted as if that section were still in effect."
North Pacific and Bering Sea Fisheries Advisory Body
"(a)
"(b)
"(1)
"(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)
"(c)
"(d)
Governing International Fishery Agreement With Russian Federation
Governing International Fishery Agreement With German Democratic Republic
"(1) is approved by Congress as a governing international fishery agreement for the purposes of such Act [16 U.S.C. 1801 et seq.]; and
"(2) shall enter into force and effect with respect to the United States on the date of enactment of this Act [June 27, 1988]."
Governing International Fishery Agreement With Japan
"(1) is approved by Congress as a governing international fishery agreement for the purposes of such Act [16 U.S.C. 1801 et seq.]; and
"(2) shall enter into force and effect with respect to the United States on the date of the enactment of this Act [Dec. 29, 1987]."
Governing International Fishery Agreements With Iceland and the European Economic Community
"(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
"(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
Governing International Fishery Agreement With Spain
Governing International Fishery Agreement With Portugal
"(1) is hereby approved by Congress as a governing international fishery agreement for the purposes of such Act [this chapter]; and
"(2) shall enter into force and effect with respect to the United States on the date of the enactment of this title [Dec. 22, 1980]."
Extension of International Fishery Agreements
"(1) the deadline for completion of Congressional review, pursuant to section 203(a) of such 1976 Act [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 is a party to the agreement in question; or
"(2) July 31, 1982, if the United States and the respective foreign government that is a party to the agreement in question fail to sign a new governing international fishery agreement on or before that date."
Congressional Approval of Certain Governing International Fishery Agreements
"(a) Notwithstanding section 203 of the Magnuson Fishery Conservation and Management Act [this section], the governing international fishery agreement between the Government of the United States of America and-
"(1) the Government of the People's Republic of Bulgaria Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated January 14, 1974;
"(2) the Government of the Socialist Republic of Romania Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated January 10, 1977;
"(3) the Government of the Republic of China Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated January 10, 1977;
"(4) the Government of the German Democratic Republic Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated January 10, 1977;
"(5) the Government of the Union of Soviet Socialist Republics Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated January 10, 1977;
"(6) the Government of the Polish People's Republic 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 16, 1976;
"(7) 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 February 21, 1977;
"(8) the Government of Japan Concerning Fisheries Off the Coasts of the United States (for 1977), as contained in the message to Congress from the President of the United States dated February 21, 1977;
"(9) the Government of the Republic of Korea Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated February 21, 1977;
"(10) the Government of Spain Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated February 21, 1977; and
"(11) the Government of Mexico Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated October 7, 1977;
is hereby approved by the Congress as a governing international fishery agreement for purposes of the Magnuson Fishery Conservation and Management Act [section 1801 et seq. of this title]. Each such agreement referred to in paragraphs (1) through (6) shall enter into force and effect with respect to the United States on the date of the enactment of this joint resolution [Feb. 21, 1977], and each such agreement referred to in paragraphs (7) through (11) shall enter into force and effect with respect to the United States on February 27, 1977.
"(b) Notwithstanding such section 203 [this section]-
"(1) the governing international fishery agreement referred to in subsection (a)(5), as extended until July 1, 1983 pursuant to the Diplomatic Notes referred to in the message to the Congress from the President of the United States dated May 11, 1982, is hereby approved by the Congress as a governing international fishery agreement for the purposes of such Act of 1976 [this chapter];
"(2) the governing international fishery agreement between the American Institute in Taiwan and the Coordination Council for North American Affairs, as contained in the message to the House of Representatives and the Senate from the Secretary of State dated June 15, 1982, is hereby approved by the Congress as a governing international fishery agreement for the purposes of the Act of 1976 [this chapter]; and
"(3) the governing international fishery agreement referred to in subsection (a)(6), as extended until July 1, 1983 pursuant to the Diplomatic Notes referred to in the message to the Congress from the President of the United States dated June 21, 1982, is hereby approved by the Congress as a governing international fishery agreement for the purposes of such Act of 1976 [this chapter].
Each such governing international fishery agreement shall enter into force and effect with respect to the United States on July 1, 1982.
"(c) Notwithstanding such section 203 [this section]-
"(1) the governing international fishery agreement referred to in subsection (a)(5), as extended until December 31, 1985, pursuant to the Diplomatic Notes referred to in the message to the Congress from the President of the United States dated May 8, 1984, is hereby approved by the Congress as a governing international fishery agreement for the purposes of such Act of 1976 [this chapter];
"(2) the governing international fishery agreement referred to in subsection (a)(6), as extended until December 31, 1985, pursuant to the Diplomatic Notes referred to in the message to the Congress from the President of the United States dated May 7, 1984, is hereby approved by the Congress as a governing international fishery agreement for the purposes of such Act of 1976 [this chapter]; and
"(3) the governing international fishery agreement referred to in subsection (a)(4), as contained in the message to the House of Representatives and the Senate from the President of the United States dated May 3, 1983, is hereby approved by the Congress as a governing international fishery agreement for the purposes of such Act of 1976 [this chapter].
The government international fishery agreements referred to in paragraphs (1) and (2) shall enter into force and effect with respect to the United States on July 1, 1984; and the governing international fishery agreement referred to in paragraph (3) shall enter into force and effect with respect to the United States on July 1, 1983."
Reciprocal Fisheries Agreement Between United States and Canada
"(a)
"(b)
"(1) vessels and nationals of Canada may fish within the fishery conservation zone, or for anadromous species and Continental Shelf fishery resources beyond such zone, but only pursuant to, and in accordance with, the provisions of the Agreement; and
"(2) title II of the Magnuson Fishery Conservation and Management Act [this subchapter] (relating to foreign fishing and international fishery agreements) and section 307 of such Act [section 1857 of this title] (relating to prohibited acts) shall not apply with respect to fishing within the fishery conservation zone, or for anadromous species and Continental Shelf fishery resources beyond such zone, by vessels and nationals of Canada which is pursuant to, and in accordance with the provisions of the Agreement.
"(c)
"(A) owns or operates any fishing vessel which-
"(i) is a vessel of the United States, and
"(ii) engages in fishing to which the Agreement applies; or
"(B) directly or indirectly receives, or may receive, fish to which the Agreement applies in the course of a commercial activity in quantities determined by the Secretary to be sufficient to assist in the carrying out of this paragraph,
shall submit to the Secretary such statistics (including, but not limited to, catch data) regarding such fishing or such receipt of fish as are necessary to fulfill the obligations of the United States under article XIII of the Agreement. The Secretary, after consultation with the Secretary of State, shall issue such regulations as are necessary and appropriate to carry out the purposes of this paragraph. Section 303(d) of the Magnuson Fishery Conservation and Management Act [section 1853(d) of this title] (relating to the confidentiality of statistics) shall apply with respect to all statistics submitted under this paragraph.
"(2) Any violation of paragraph (1), or of any regulation issued pursuant to paragraph (1), by any person shall be deemed to be an act prohibited by section 307 of the Magnuson Fishery Conservation and Management Act [section 1857 of this title]. Any person who commits any such violation shall be liable to the United States for a civil penalty as provided for in section 308 of such Act [section 1858 of this title]. Sections 309 [section 1859 of this title] (relating to criminal offenses) and 310 [section 1860 of this title] (relating to civil forfeiture) of such Act shall not apply with respect to any such violation.
"(d)
Amendment by
Section Referred to in Other Sections
This section is referred to in sections 1821, 1857 of this title.