[H.R. 9547, 87th Cong., 2d sess.]

A BILL To facilitate the application and operation of the Fish and Wildlife Act of 1956, and for other

purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Congress hereby reaffirms the policy set forth in section 2 of the Fish and Wildlife Act of 1956 (70 Stat. 1119; 16 U.S.Č. 742a), particularly that part of such policy which is to the effect that

(1) the fish, shellfish, and wildlife resources of our Nation make a material contribution to our national economy and food supply as well as to the health, recreation, and well-being of our citizens; and

(2) such resources are a living, renewable form of national wealth which is capable of being maintained and greatly increased with proper management but also is equally capable of destruction if neglected or unwisely exploited. (b) (1) The Congress hereby finds that, in furtherance of such policy and by way of implementation thereof, the Secretary of the Interior, acting pursuant to law, and the States of Washington, Oregon, and California, by legislative enactment, have prohibited the use of nets in fishing for salmon in international waters of the North Pacific Ocean, in order to preserve and protect salmon spawned in American streams and, therefore, of American origin, from depletion and destruction as a result of indiscriminate and uncontrolled net fishing on the high seas. (2) The Congress hereby makes additional findings, as follows:

(A) Similar restrictions with respect to net fishing have been imposed on citizens of Canada by the Government of Canada.

(B) American fisherman have accepted with good grace severe restrictions with respect to net fishing in the interest of conservation and preservation of salmon resources.

(C) However, net fishing at times and places where occur large quantities of immature salmon of North American origin or intermingled North American salmon runs by fishermen who are nationals of other countries makes very difficult or even impossible the proper management and control of North American salmon and, therefore, impedes and obstructs the conservation and proper utilization of these resources and threatens them with destruction. (D) Nationals of other countries are taking salmon of American origin on the high seas by means, methods, and practices which, in the interests of conservation, are or would be denied to citizens of the United States and are selling the product of the catch in United States markets in competition with the catch of American fishermen made under restrictions imposed by the United States and the States of Washington, Oregon, and California on American citizens but not on citizens of other countries.

SEC. 2. (a) On and after September 1, 1962, it shall be unlawful to import for sale within the United States or its possessions salmon in any form taken by nationals of any country which permits fishing for salmon by nets on the high seas of the North Pacific Ocean at times and places where occur large quantities of immature salmon of North American origin or intermingled North American salmon runs.

(b) The Secretary of the Interior shall determine from time to time the times and places on the high seas of the North Pacific Ocean where occur large quantities of immature salmon of North American origin or intermingled North American salmon runs, as well as the countries, if any, which permit their nationals to fish for salmon with nets in such areas at such times, and shall certify his findings to the Secretary of the Treasury. The Secretary of the Treasury shall deny entry for sale within the United States or its possessions of salmon in any form offered for entry by the said countries.

(c) The Secretary of the Treasury, in consultation with the Secretary of the Interior, is authorized and directed to promulgate all necessary rules and regulations not inconsistent with this Act as may be necessary to enforce the same and effectuate the purposes thereof.

SEC. 3. (a) The provisions of section 2 of this Act shall become inoperative with regard to any country upon certification by the Secretary of the Interior to the committees of the Congress having jurisdiction over the matter that the fishing activities of nationals of such country are not having or are not likely to have a substantially adverse effect upon the conservation of North American salmon runs: Provided, That upon withdrawal of such certification by the Secretary of the Interior, the said provisions shall again become operative with regard to such country.

(b) The provisions of section 2 of this Act shall also become inoperative with regard to the countries signatory to the International Convention for the High Seas Fisheries of the North Pacific Ocean, signed at Tokyo May 9, 1952, upon certification by the Secretary of State to the committees of the Congress having jurisdiction over the matter that the Commission established by article II of the said convention has made the determinations and recommendations required of it by the protocol to the said convention, or has adopted and recommended to the signatory governments conservation measure adequate to insure that high-seas net fishing for salmon will not have substantially adverse effects upon North American salmon runs.

Hon. HERBERT C. BONNER,

U.S. DEPARTMENT OF THE INTERIOR,
Washington, D.C., September 10, 1962.

Chairman, Committee on Merchant Marine and Fisheries,
House of Representatives, Washington, D.C.

DEAR MR. BONNER: Your committee has requested a report on H.R. 9547, a bill to facilitate the application and operation of the Fish and Wildlife Act of 1956, and for other purposes.

We are in complete accord with the purpose of the bill. The bill in its present form might defeat its own purpose, however, and we are therefore enclosing a proposed substitute, which is preferable in a number of respects.

The proposed legislation is designed to help solve a long-standing problem relating to conservation of our important salmon resource in the Bristol Bay, Alaska, area. Subject to foreign policy considerations, we favor whatever measures may be necessary, including such legislation, to assure continued existence of this resource.

H.R. 9547 is similar to previous bills upon which we have reported to your committee. Section 1 would reaffirm the policy in the Fish and Wildlife Act of 1956 relating to the value of fish and wildlife resources to our national economy. It refers to Federal and State action in prohibiting the use of nets in fishing for salmon in international waters of the north Pacific Ocean. In particular, it refers to the net fishing that has occurred in these waters by fishermen who are nationals of other countries and which has had a serious adverse effect upon the conservation of North American salmon. The substance of section 1 has been retained in our proposed substitute bill.

As a solution to the serious depletion of U.S. salmon, section 2 of our proposed substitute bill directs the Secretary of the Interior to determine from time to time the countries which exploit stocks of salmon of U.S. origin which are not parties to international conservation arrangements which result in effective conservation of salmon. Upon the basis of those determinations, the Secretary of the Interior, with the concurrence of the Secretary of State, may issue regulations limiting the importation into the United States of salmon from such countries, to the extent necessary to achieve effective conservation. Any importations in excess of the quantities specified would be unlawful, subject to fine and forfeiture. This is a much more flexible provision than section 2 of H.R. 9547, and we believe it will be more effective. It is related to the broad field of conservation, and not just net fishing.

Section 3 of our proposed substitute bill provides that limitations upon importation of salmon under the authority of section 2 shall be eliminated if the Secretary of the Interior finds that the conditions which warranted their imposition no longer exist, or with respect to the parties to the International Convention for the High Seas Fisheries of the North Pacific Ocean, signed at Tokyo, May 9, 1952, if the Commission established under that Convention has complied with the protocol to that Convention, or has adopted and recommended to the parties conservation measures adequate to insure that high seas salmon fishing will not have a substantially adverse effect upon U.S. salmon runs. The section permits the adjustment of import limitations according to changed needs of conservation programs for salmon of U.S. origin. The substance of this section is the same as section 3 of H.R. 9547, but the language is slightly different.

Sections 4 and 5 establish the penalties for violations of the regulations and assign enforcement responsibility. Section 6 provides that nothing in the bill shall be construed to amend or repeal the provisions of section 4311 of the Revised Statutes, as amended (46 U.S.C. 251).

The enactment of this legislation will make it possible to exclude from American markets salmon from any country that permits its nationals to fish for salmon on

the high seas by means of nets or other gear at times and places that threaten the existence of North American salmon fisheries.

The following sequence of events has given rise to the extensive interest in this legislation. Pursuant to the provisions of the International Convention for the High Seas Fisheries of the North Pacific Ocean, signed at Tokyo on May 1, 1952, the Japanese agreed to abstain from taking salmon on the high seas east of a line established provisionally at approximately 175° west longitude. The line was provisional in the absence, at that time, of knowledge as to the limits of distribution of salmon of American origin. The convention required the North Pacific Fisheries Commission to study the distribution of salmon in the North Pacific to determine if a different line would more equitably divide salmon of American and Asian origin.

Research efforts of the North Pacific Fisheries Commission have been intensive and productive, as the scientists of the Commission, including the Japanese members now agree that Alaska red salmon migrate in substantial numbers as far west as 170° east longitude and beyond-15° or more west of the provisional line. In these waters the Japanese fishery, since 1955, has intercepted and harvested a large portion of the annual red salmon runs destined for Bristol Bay, Alaska. The Japanese fishery has the potential to negate completely the efforts of the United States to manage its Alaska salmon resources on a rational basis and thus poses a grave threat to the Alaska fishing industry.

The United States has proposed to the Commission that the provisional abstention line be moved to 170° east longitude, 15° west of the present location. This proposal has been rejected. The United States has proposed that interim measures be adopted to prevent depletion of the resource and the destruction of the United States industry, pending action by the Commission to move the abstention line. This approach, also, was rejected.

The Japanese high seas gill net fishery poses a grave threat to our important fishery for red salmon in Alaska. Unless the pattern of this high seas fishery is abruptly changed, it may destroy the commercial value of the red salmon runs. Much of the world market for salmon is in the United States. The bill by denying this market to any nation that by its fishing practices threatens Alaska's salmon fisheries, represents an effort to deter those who might otherwise negate the efforts of the United States to manage the salmon fisheries on a sustainedyield basis.

This bill would not be a substitute, of course, for the mechanics provided in the protocol to the convention for making necessary adjustments in the provisional abstention line.

The Bureau of the Budget has advised that, subject to the consideration of the views of the Department of State on the implications of the bill for United States foreign policy, there is no objection to the submission of this report to your committee from the standpoint of the administration's program.

Sincerely yours,

FRANK P. BRIGGS, Assistant Secretary of the Interior.

A BILL To facilitate the application and operation of the Fish and Wildlife Act of 1956, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Congress hereby reaffirms the policy set forth in section 2 of the Fish and Wildlife Act of 1956 (70 Stat. 1119; 16 U.S.C. 742a), particularly that part of such policy which is to the effect that

(1) the fish, shellfish, and wildlife resources of out Nation make a material contribution to our national economy and food supply as well as to the health, recreation, and well-being of our citizens; and

(2) such resources are a living, renewable form of national wealth which is capable of being maintained and greatly increased with proper management but also is equally capable of destruction if neglected or unwisely exploited.

(b) (1) The Congress hereby finds that, in furtherance of such policy and by way of implementation thereof, the Secretary of the Interior, acting pursuant to law, and the States of Alaska, Washington, Oregon, and California, by legislative enactment, have prohibited the use of certain kinds of gear in fishing for salmon in international waters of the North Pacific Ocean, in order to preserve and protect salmon spawned in United States streams and therefore of United States

89571-62- -6

origin, from depletion and destruction as a result of indiscriminate and uncontrolled fishing on the high seas.

(2) The Congress hereby makes additional findings, as follows:

(A) Similar restrictions have been imposed on citizens of Canada by the Government of Canada.

(B) United States fishermen have accepted with good grace severe restrictions in the interest of conservation and preservation of salmon resources. (C) However, fishing with gear prohibited to United States fishermen at times and places where occur large quantities of immature salmon of United States origin or intermingled United States salmon runs by fishermen who are nationals of other countries makes very difficult or even impossible the proper management and control of United States salmon and, therefore, impedes and obstructs the conservation and proper utilization of these resources and threatens them with destruction.

SEC. 2(a) The Secretary of the Interior shall from time to time determine the countries whose vessels and nationals exploit stocks of salmon of United States origin by fishing on the high seas of the North Pacific Ocean with gear prohibited to fishermen of the United States in such waters and shall also determine whether such countries are parties to international conservation arrangements which result in effective conservation of salmon of United States origin. To the extent necessary to achieve the effective conservation of salmon of United States origin, the Secretary of the Interior may, with the concurrence of the Secretary of State, promulgate regulations to limit, as hereinafter specified, the entry into the United States or its possessions of salmon taken by vessels of any country which exploits such stocks of salmon and which is not a party to such international conservation arrangements.

(b) On and after such date as may be determined by the Secretary of the Interior, with the concurrence of the Secretary of State, it shall be unlawful to import into the United States or its possessions salmon for sale in any form in excess of the quantities specified in regulations promulgated under section 2 (a), taken by vessels or nationals of any country specified in such regulations.

SEC. 3. Any regulations promulgated by the Secretary of the Interior pursuant to section 2 (a) hereof shall remain in effect until (a) the Secretary finds that the conditions which warranted their promulgation no longer exist or (b) in respect to countries signatory to the International Convention for the High Seas Fisheries of the North Pacific Ocean, signed at Tokyo, May 9, 1952, until the Secretary finds that the Commission established by Article II of the said Convention has made the determinations and recommendations required of it by the protocol to the said Convention, or has adopted and recommended to the signatory governments conservation measures adequate to insure that high seas fishing for salmon will not have a substantially adverse effect upon United States salmon runs; Provided, that the limitations specified in such regulations may be adjusted at any time by the Secretary of the Interior, with the concurrence of the Secretary of State, as indicated by changed needs of conservation programs for salmon of United States origin.

SEC. 4. (a) Any person violating any provision of Sec. 2 (b) of this Act shall be fined not more than $25,000, and the fish involved in such violation or the monetary value thereof shall be forfeited in whole or in part.

(b) All provisions of law relating to seizure, summary and judicial forfeiture and condemnation for violation of the customs laws, the disposition of the property forfeited or condemned or the proceeds of the sale thereof; the remission or mitigation of forfeitures incurred for violation of the customs laws, and the compromise of claims shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as applicable and not inconsistent with the provisions of the Act: Provided, That except as otherwise provided in this Act, all rights, powers, and duties conferred or imposed by said provisions of law shall be exercised and performed by the Secretary of the Treasury unless the Secretary of the Interior in his discretion designates some other person to do so.

SEC. 5. Enforcement of the provisions of this Act and the regulations issued pursuant to it shall be the joint responsibility of the United States Department of the Interior and the United States Department of the Treasury.

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).

STATEMENT OF W. AVERELL HARRIMAN, ASSISTANT SECRETARY OF STATE FOR FAR EASTERN AFFAIRS; ACCOMPANIED BY JOHN WHITE, OFFICE OF CONGRESSIONAL RELATIONS, AND PHILIP TREZISE, ACTING ASSISTANT SECRETARY FOR ECONOMIC AFFAIRS

Mr. HARRIMAN. Thank you, Mr. Chairman.

Mr. Chairman, I endorse the conservation objectives expressed in this legislation. I have been personally interested and concerned with the conservation of our great heritage of natural resources throughout my adult life. Conservation, so to speak, has been part of the environment in which I have lived.

The Department of State has been keenly conscious of the problem of conserving our resources of Alaskan salmon. We have recognized that the Department of the Interior and now the State of Alaska have a difficult problem of managing the coastal fishery so as to assure a fair economic return to our fishermen and our canners and at the same time to provide for the maintenance of the species. The Department is well aware that the existence of a high seas fishery operating from Japan complicates the problem of conserving the so-called Bristol Bay salmon. The International Convention for the High Seas Fisheries of the North Pacific Ocean was negotiated with Japan in an effort to assure that the Japanese fishery would not deplete this salmon species.

The Department recognizes that the North Pacific Convention conservation provisions have not operated to the full satisfaction of our salmon fishing and canning interests. Nevertheless, the convention and its abstention principle remain, in our view, sound and necessary bases for the conservation of the Alaskan salmon resource. The Japanese commitment to abstain from salmon fishing in the area east of 175° W. longitude has been adhered to faithfully, even though many Japanese have considered this commitment to be a sacrifice of their nation's fundamental rights under international law.

I might mention this commitment fully protects all other American salmon in the Pacific against any Japanese catch. If I am correctly informed, the Bristol Bay salmon, although a particularly valuable salmon, is only a small part of the total catch of salmon in the Pacific.

In June next year, the convention will come to the end of its 10th year and will be subject to a 1-year notice of termination. The Department of State hopes that the convention and its basic principle can be continued in force and we expect to be engaged in discussions with the Government of Japan on this matter.

I am sure that this committee shares the Department's interest in the maintenance in being of the convention. I believe that we should consider H.R. 9547 in part in the light of this important objective. The Department of State is concerned that the legislation proposed in this bill would not serve our interests, including those of the American fishing industry. The Department expects, as I say, to discuss with the Government of Japan the problem of Alaskan salmon through all appropriate means. It considers that the passage of H.R. 9547 would impede and endanger these discussions.

As the committee will recognize, the impact of the bill would be centered upon Japan. In view of this fact, I believe that we should look closely at the state of our relations with Japan.