CONSERVATION OF TROPICAL TUNA WEDNESDAY MAY 23, 1962 U.S. SENATE, SUBCOMMITTEE ON MERCHANT MARINE AND FISHERIES, Washington, D.C. The subcommittee met, pursuant to notice, at 2:30 p.m., in room 5110, New Senate Office Building, Hon. E. L. Bartlett presiding. Senator BARTLETT. The committee will be in order. Today the Subcommittee on Merchant Marine and Fisheries will hear witnesses testify on S. 2568, a bill to amend the Tuna Convention Act of 1950, and to extend regulatory authority of Federal and State agencies under the act. Before calling any witnesses, I will place in the record, with unani mous consent: (a) Communication from the Department of State, September 14, 1961, to the Vice President of the United States and S. 2568 as originally introduced. (b) Amendment (in nature of substitute) to S. 2568, introduced by Senator Engle (for himself and Mr. Magnuson), April 27, 1962. (c) Statement of Senator Engle on the floor of the Senate April 27, 1962, and a communication from the Department of State, April 20, 1962, to the Vice President of the United States. (d) Report from the Department of the Interior, April 25, 1962, recommending that S. 2568 be enacted. (e) Report from U.S. Department of Justice, January 2, 1962, signed by Byron R. White, Deputy Attorney General, making no recommendation as to the enactment of the bill. (f) Reports from the Comptroller General of the United States, September 29, 1961, and May 5, 1962, with no recommendations. (g) Report from the Department of the Treasury dated May 23, 1962. They propose an amendment to section 4 of S. 2568. (h) Department of State publication 3851 (literal print), entitled "Convention Between the United States of America and Costa Rica." (The above material follows:) The VICE PRESIDENT, U.S. Senate. DEPARTMENT OF STATE, Washington, D.C., September 14, 1961. DEAR MR. VICE PRESIDENT: Transmitted herewith is the text of proposed legislation to amend the act of September 7, 1950, to extend the regulatory authority of the Federal and State agencies concerned under the terms of the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington May 31, 1949, and for other purposes. 1 The Inter-American Tropical Tuna Commission's primary function is the gathering and interpretation of factual information to facilitate maintaining the maximum sustainable yield of yellowfin and skipjack tuna in the eastern Pacific Ocean. The convention (1 U.S.T. 230) pursuant to which this Commission was created, was negotiated in 1949 by the United States and Costa Rica. In 1953 Panama adhered to it. Ecuador recently became a party. U.S. legislation to implement the convention was originally enacted in 1950 (16 U.S.C. 951). The Inter-American Tropical Tuna Commission was originally conceived as an investigatory body. At the time, any regulatory measures were considered to be so far in the future that little thought was given to incorporating in the implementing legislation such provisions as would be needed to act on any Commission recommendation for regulatory measures. Consequently, the existing U.S. legislation is silent in this respect, a fact that is now creating a problem. With the very recent development of new fishing techniques and gear, namely purse seining with the nylon net and power block, the productivity of the U.S. tuna fleet has increased with great rapidity, particularly as regards yellowfin tuna, so much so that there is a good possibility that within the next 60 days the Commission will find it necessary, on the basis of scientific data collected and analyzed over the last decade, to recommend to the member governments catch restrictions on yellowfin tuna. If this comes to pass, the alternative to the implementation of such recommendations would be overfishing the resource. The situation thus developing calls urgently for amendatory legislation to enable the United States to carry out its convention obligation "to enact such legislation as may be necessary to carry out the purposes of the convention" as well as to discharge its general responsibility to the international community to follow sound conservation practices with respect to high seas resources. It is generally acknowledged that such legislation would be in the long-range interests of the U.S. tuna industry. It is of great importance, therefore, that the United States be in a position to take action on any Commission recommendation immediately or shortly after it is received. Time is therefore of the essence. The early attention of the Congress to the matter is respectfully urged. With respect to the cost of enforcement, it is anticipated that the only practical regulatory measure would be such as could effectively be enforced ashore, e.g., an annual yellowfin quota for the entire convention area. It is estimated that this would put the cost of enforcement on the order of $200,000 annually for the services of inspectors in the several tuna ports, including necessary logistic support for them. Of interest in this connection is the fact that in our longstanding halibut conservation regime with Canada the emphasis has been on shoreside enforcement. This should be all the more so with yellowfin tuna since it is not expected there will be different quotas for different areas, as is true in the case of halibut. The Bureau of the Budget advises that, from the standpoint of the President's program, there is no objection to the introduction of this proposed legislation. Sincerely yours, DEAN RUSK. [S. 2568, 87th Cong., 1st sess.] A BILL To amend the Act of September 7, 1950, to extend the regulatory authority of the Federal and State agencies concerned under the terms of the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington May 31, 1949, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act entitled "Tuna Conventions Act of 1950" (16 U.S.C. 951) is amended by inserting the word "and" at the end of subsection (c) after the semicolon; by striking the word "and" where it appears at the end of subsection (d); changing the semicolon at the end of subsection (d) to a period; and by repealing subsection (e) in its entirety. SEC. 2. Section 6 of the Act entitled "Tuna Conventions Act of 1950" (16 U.S.C. 955) is amended by striking out the phrase "head of the enforcement agency" where it appears once each in subsections (a) and (b) and inserting in lieu thereof in both places the term "Secretary of the Interior," and by adding a new subsection (c) immediately following subsection (b), as follows: "(c) Regulations required to carry out recommendations of the commission pursuant to section 5 of article II of the Convention for the Establishment of an Inter-American Tropical Tuna Commission designed to keep the populations of fishes covered by the convention at those levels of abundance which will permit the maximum sustained catch shall be promulgated by the Secretary of the Interior upon approval of such recommendations by the Secretary of State and the Secretary of the Interior. The Secretary of the Interior shall cause to be published in the Federal Register a general notice of proposed rulemaking and shall afford interested persons an opportunity to participate in the rulemaking through (1) submission of written data, views or arguments, and (2) oral presentation at a public hearing. Upon publication in the Federal Register, such regulations shall be applicable to all vessels and persons subject to the jurisdiction of the United States. The regulations thus promulgated may include the selection for regulation of one or more of the species covered by the convention; the division of the convention waters into areas; the establishment of one or more open or closed seasons as to each area; the limitation of the size of the fish and quantity of the catch which may be taken from each area within any season during which fishing is allowed; the limitation or prohibition of the incidental catch of a regulated species which may be retained, taken, possessed or landed by vessels or persons fishing for other species of fish; the fixing of the size and character of fishing appliances to be used in any area of the convention waters; the licensing of vessels as may be necessary to carry out the purposes of the convention and this Act; and such other measures as the Secretary of the Interior may deem necessary to implement the recommendations of the commission: Provided, That upon the promulgation of any such regulations and upon notification thereof, the Secretary of the Treasury shall promulgate regulations to limit or prohibit the entry into the United States, from countries whose vessels and nationals are not subject to conservation regulations designed to accomplish in effect the objectives of the commission's recommendations, of fish of species covered by the convention and taken from convention waters. Any such regulations to limit or prohibit the entry of such fish shall require the concurrence of the Secretary of State." SEC. 3. Section 7 of the Act entitled "Tuna Conventions Act of 1950" (16 U.S.C. 956) is amended by deleting the section in its entirety and substituting in lieu thereof the following: "SEC. 7. Any person authorized to carry out enforcement activities under this Act and any person authorized by the commissions shall have power without warrant or other process, to inspect, at any reasonable hour, catch returns, statistical records, or other reports as are required by regulations adopted pursuant to this Act to be made, kept, or furnished." SEC. 4. Section 8 of the Act entitled "Tuna Conventions Act of 1950" (16 U.S.C. 957) is amended by deleting the section in its entirety and substituting in lieu thereof the following: "SEC. 8. (a) It shall be unlawful for any person to engage in fishing in violation of any regulation adopted pursuant to section 6(c) of this Act, or knowingly to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken or retained in violation of such regulations. 66 '(b) It shall be unlawful for the master or owner or any person in charge of any fishing vessel of the United States to fail to make, keep, or furnish any catch returns, statistical records or other reports as are required by regulations adopted pursuant to this Act to be made, kept, or furnished; or to fail to stop upon being hailed by a duly authorized official of the United States or a person authorized by the commissions; or to refuse to permit the duly authorized officials of the United States or persons authorized by the commissions to board such vessel or inspect its catch, equipment, books, documents, records, or other articles or question the persons on board in accordance with the provisions of this Act, or the convention, as the case may be; or to obstruct such officials in the performance of their duties. "(c) It shall be unlawful for any person to import, in violation of any regulation adopted pursuant to section 6(c) of this Act, from countries whose fishing vessels are not subject to conservation regulations designed to accomplish in effect the objectives of the Commission's recommendations, any tropical tunas (yellowfin Neothunnus; skipjack Katsuwonus) taken from waters of the Convention for the Establishment of an Inter-American Tropical Tuna Commission. In the case of any tuna as described in this paragraph offered for entry into the United States, satisfactory proof shall be furnished that such tuna is not ineligible for such entry under the terms of this paragraph. "(d) Any person violating any provision of subsection (a) of this section upon conviction shall be fined not more than $50,000, and upon conviction for a subsequent violation of any provisions of said subsection (a) shall be fined not more than $100,000. "(e) Any person violating any provision of subsection (b) of this section upon conviction shall be fined not more than $10,000. "(f) Any person violating any provision of subsection (c) of this section upon conviction shall be fined not more than $100,000. "(g) The cargo of tuna or the fishing gear on board, in whole or in part, or both, or the monetary value thereof, of every vessel employed in any manner in connection with a first violation of subsection (a) of this section or in connection with the violation of subsection (b) of this section, may be forfeited, and upon a second or subsequent violation of subsection (a) of this section every such vessel, including its gear, tackle, apparel, furniture, stores, and cargo of tuna, in whole or in part, or the monetary value thereof, may be forfeited. "(h) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a vessel for violation of the customs laws, the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and foreitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act." SEC. 5. Section 10 of the Act entitled "Tuna Conventions Act of 1950" (16 U.S.C. 959) is amended by deleting the section in its entirety and substituting in lieu thereof the following: "SEC. 10. (a) The judges of the United States district courts and United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this Act and the regulations issued pursuant thereto. "(b) Enforcement of the provisions of this Act and the regulations issued pursuant thereto shall be the joint responsibility of the United States Coast Guard, the United States Department of the Interior, and the United States Bureau of Customs. In addition, the Secretary of the Interior may designate officers and employees of the States of the United States and of the Commonwealth of Puerto Rico to carry out enforcement activities hereunder. When so designated, such officers and employees are authorized to function as Federal law enforcement agents for these purposes. "(c) Any person authorized to carry out enforcement activities hereunder shall have the power to execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this Act. Such person shall have the power with a search warrant to search any vessel, property, or person subject to the jurisdiction of the United States for these purposes. "(d) Such person so authorized shall have the power— "(1) without a warrant or other process, to arrest any persons subject to the jurisdiction of the United States at any place within the jurisdiction of the United States committing in his presence or view a violation of this Act or the regulations issued thereunder; "(2) without a warrant or other process, to search any vessel subject to the jurisdiction of the United States, and, if as a result of such search he has reasonable cause to believe that such vessel or any person on board is engaging in operations in violation of the provisions of this Act or the regulations issued thereunder, then to arrest such person. "(e) Such person so authorized may seize, whenever and wherever lawfully found, all fish taken or retained and all fishing gear involved in violations of the provisions of this Act or the regulations issued pursuant thereto. Any property so seized shall be disposed of pursuant to the order of a court of competent jurisdiction, pursuant to the provisions of subsection (f) of this section or, if perishable, in a manner prescribed by regulations of the Secretary of the Interior. "(f) Notwithstanding the provisions of section 2464 of title 28 of the United States Code, when a warrant of arrest or other process in rem is issued in any cause under this section, the marshal or other officer shall stay the execution of such process, or discharge any property seized if the process has been levied, on receiving from the claimant of the property a bond or stipulation for double the value of the property with sufficient surety to be approved by a judge of the district court having jurisdiction of the offense, conditioned to deliver the prop erty seized, if condemned, without impairment in value or, in the discretion of the court, to pay its equivalent value in money or otherwise to answer the decree of the court in such cause. Such bond or stipulation shall be returned to the court and judgment thereon against both the principal and sureties may be recovered in event of any breach of the conditions thereof as determined by the court." SEC. 6. Nothing in this Act shall be construed to amend or repeal the provisions of section 4311 of the Revised Statutes, as amended (46 U.S.C. 251). [S. 2568, 87th Cong., 2d sess.] AMENDMENT (in the nature of a substitute) By Mr. Engle (for himself and Mr. Magnuson) (by request) to the bill (S. 2568) to amend the Act of September 7, 1950, to extend the regulatory authority of the Federal and State agencies concerned under the terms of the Convention for the Estabilshment of an Inter-American Tropical Tuna Commission, signed at Washington, May 31, 1949, and for other purposes, viz: Strike out all after the enacting clause and insert the following: That section 2 of the Act entitled "Tuna Conventions Act of 1950" (16 U.S.C. 951) is amended by inserting the word "and" at the end of subsection (c) after the semicolon; by striking the word "and" where it appears at the end of subsection (d); changing the semicolon at the end of subsection (d) to a period; and by repealing subsection (e) in its entirety. SEC. 2. Section 6 of the Act entitled "Tuna Conventions Act of 1950" (16 U.S.C. 955) is amended by striking out the phrase "head of the enforcement agency" where it appears once each in subsections (a) and (b) and inserting in lieu thereof in both places the term "Secretary of the Interior," and by adding a new subsection (c) immediately following subsection (b), as follows: "(c) Regulations required to carry out recommendations of the commission made pursuant to paragraph 5 of article II of the Convention for the Establishment of an Inter-American Tropical Tuna Commission shall be promulgated by the Secretary of the Interior upon approval of such recommendations by the Secretary of State and the Secretary of the Interior. The Secretary of the Interior shall cause to be published in the Federal Register a general notice of proposed rulemaking and shall afford interested persons an opportunity to participate in the rulemaking through (1) submission of written data, views, or arguments, and (2) oral presentation at a public hearing. Upon publication in the Federal Register, such regulations shall be applicable to all vessels and persons subject to the jurisdiction of the United States, except that the Secretary of the Interior is authorized to suspend at any time the application of any such regulations when, after consultation with the Secretary of State and the United States Commissioners, he determines that foreign fishing operations in the regulatory area are such as to constitute a serious threat to the achievement of the objectives of the commission's recommendations. The regulations thus promulgated may include the selection for regulation of one or more of the species covered by the convention; the division of the convention waters into areas; the establishment of one or more open or closed seasons as to each area; the limitation of the size of the fish and quantity of the catch which may be taken from each area within any season during which fishing is allowed; the limitation or prohibition of the incidental catch of a regulated species which may be retained, taken, possessed, or landed by vessels or persons fishing for other species of fish; the fixing of the size and character of fishing appliances to be used in any area of the convention waters; the licensing of vessels as may be necessary to carry out the purposes of the convention and this Act; and such other measures as the Secretary of the Interior may deem necessary to implement the recommendations of the commission: Provided, That upon the promulgation of any such regulations the Secretary of the Interior shall promulgate additional regulations, with the concurrence of the Secretary of State, (1) to prohibit the entry into the United States, including American Samoa, from any country, of fish in any form of those species which are subject to regulation pursuant to a recommendation of the commission and which were taken from the regulatory area when the vessels of such country are being used in the conduct of fishing operations in the regulatory area in such manner or in such circumstances as would tend to diminish the effectiveness of the conservation recommendations of the commission; and (2) to prohibit entry into |