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JAN

Mr. Jones of North Carolina, from the Committe 3.8 M188chant

or Marine and Fisheries, submitted the following

0632A LAW LIBRARY

REPORT

[To accompany H.R. 2152]

[Including cost estimate of the Congressional Budget Office)
The Committee on Merchant Marine and Fisheries, to whom was
referred the bill (H.R. 2152) to enhance the effectiveness of the
United Nations international driftnet fishery conservation pro-
gram, having considered the same, report favorably thereon with
an amendment and recommend that the bill as amended do pass.

The amendment is as follows:
Strike all after the enacting clause and insert the following:

TITLE I-HIGH SEAS LARGE-SCALE DRIFTNET FISHING

SEC. 101. DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH SEAS LARGE-SCALE DRIFT

NET FISHING.
(a) DENIAL OF PORT PRIVILEGES.-

(1) PUBLICATION OF LIST.-Not later than 10 days after the date of the enactment of this Act and periodically thereafter, the Secretary of Commerce, in consultation with the Secretary of State, shall publish a list of countries that conduct, or do not prohibit their nationals from conducting, large-scale driftnet fishing beyond the exclusive economic zone of any country.

(2) DENIAL OF PORT PRIVILEGES.— The Secretary of the Treasury shall, in accordance with recognized principles of international law

(A) withhold or revoke the clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91) for; and

(B) deny entry to any place in the United States and to the navigable

waters of the United States to; any large-scale driftnet fishing vessel that is registered under the laws of a country included in a list published under paragraph (1).

(3) NOTIFICATION OF COUNTRY.-Before the publication of a list of countries under paragraph (1), the Secretary of State shall notify each country included in that list regarding

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(A) the effect of that publication on port privileges of vessels of the country under paragraph (2); and

(B) any sanctions that may be imposed on that country if nationals or vessels of that country continue to conduct large-scale driftnet fishing

beyond the exclusive economic zone of any country after July 1, 1992. (b) SANCTIONS.—

(1) IDENTIFICATION.-Not later than July 1, 1992, and periodically thereafter, the Secretary of Commerce shall

(A) identify each country whose nationals or vessels conduct large-scale driftnet fishing beyond the exclusive economic zone of any country; and

(B) notify the President and that country of that identification. (2) PROHIBITION ON IMPORTS OF FISH AND FISH PRODUCTS AND SPORT FISHING EQUIPMENT.

(A) PROHIBITION.–Upon receipt of notification of the identification of a country under paragraph (1), the President shall direct the Secretary of the Treasury to immediately prohibit the importation into the United States of shellfish, fish and fish products, and sport fishing equipment (as that term is defined in section 4162 of the Internal Revenue Code of 1986 (26 U.S.C. 4162)) from that country.

(B) NOTIFICATION.-Not later than 15 days after the date of receipt of notification of the identification of a country under paragraph (1), the President shall notify the Secretary of Commerce and the Congress of any action taken by the President under this paragraph with respect to that country. (3) ADDITIONAL ECONOMIC SANCTIONS. —

(A) DETERMINATION OF EFFECTIVENESS OF SANCTIONS.—Not later than 6 months after the date the Secretary of Commerce identifies a country under paragraph (1), the Secretary shall determine whether

(i) any prohibition established under paragraph (2) is insufficient to cause that country to terminate large-scale driftnet fishing conducted by its nationals and vessels beyond the exclusive economic zone of any country; or

(ii) that country has retaliated against the United States as a result of that prohibition. (B) CERTIFICATION.—The Secretary of Commerce shall certify to the President each affirmative finding under subparagraph (A) with respect to a country.

(C) EFFECT OF CERTIFICATION.-Certification by the Secretary of Commerce under this subsection is deemed to be a certification under section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)), as amended by

this Act. SEC. 102. DURATION OF DENIAL OF PORT PRIVILEGES AND SANCTIONS

Any denial of port privileges or sanction established under section 101 with respect to a country shall remain in effect until such time as the Secretary of Commerce certifies to the President and the Congress that the country has terminated large-scale driftnet fishing by its nationals and vessels beyond the exclusive economic zone of any country. SEC. 103. DEFINITIONS. For purposes of this title:

(1) FISH AND FISH PRODUCTS.—The term “fish and fish products” means any aquatic species (including marine mammals and plants) and all products thereof exported from a country, whether or not taken by fishing vessels of that country or packed, processed, or otherwise prepared for export in that country or the jurisdiction thereof.

(2) LARGE-SCALE DRIFTNET FISHING.–The term “large-scale driftnet fishing" means a method of fishing in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of two and one-half kilometers or more is placed in the water and allowed to drift with the currents and winds for the purpose of entangling fish in the webbing,

(3) LARGE-SCALE DRIFTNET FISHING VESSEL.--The term “large-scale driftnet fishing vessel” means any vessel which is used for, equipped to be used for, or of a type which is normally used for

(A) large-scale driftnet fishing; or

(B) aiding or assisting one or more vessels at sea in the performance of large-scale driftnet fishing, including preparation, supply, storage, refrigeration, transportation, or processing.

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