§ 1822. — International fishery agreements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1822]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER III--FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS
Sec. 1822. International fishery agreements
(a) Negotiations
The Secretary of State--
(1) shall renegotiate treaties as provided for in subsection (b)
of this section;
(2) shall negotiate governing international fishery agreements
described in section 1821(c) of this title;
(3) may negotiate boundary agreements as provided for in
subsection (d) of this section;
(4) shall, upon the request of and in cooperation with the
Secretary, initiate and conduct negotiations for the purpose of
entering into international fishery agreements--
(A) which allow fishing vessels of the United States
equitable access to fish over which foreign nations assert
exclusive fishery management authority, and
(B) which provide for the conservation and management of
anadromous species and highly migratory species; and
(5) may enter into such other negotiations, not prohibited by
subsection (c) of this section, as may be necessary and appropriate
to further the purposes, policy, and provisions of this chapter.
(b) Treaty renegotiation
The Secretary of State, in cooperation with the Secretary, shall
initiate, promptly after April 13, 1976, the renegotiation of any treaty
which pertains to fishing within the exclusive economic zone (or within
the area that will constitute such zone after February 28, 1977), or for
anadromous species or Continental Shelf fishery resources beyond such
zone or area, and which is in any manner inconsistent with the purposes,
policy, or provisions of this chapter, in order to conform such treaty
to such purposes, policy, and provisions. It is the sense of Congress
that the United States shall withdraw from any such treaty, in
accordance with its provisions, if such treaty is not so renegotiated
within a reasonable period of time after April 13, 1976.
(c) International fishery agreements
No international fishery agreement (other than a treaty) which
pertains to foreign fishing within the exclusive economic zone (or
within the area that will constitute such zone after February 28, 1977),
or for anadromous species or Continental Shelf fishery resources beyond
such zone or area--
(1) which is in effect on June 1, 1976, may thereafter be
renewed, extended, or amended; or
(2) may be entered into after May 31, 1976;
by the United States unless it is in accordance with the provisions of
section 1821(c) of this title or section 1824(e) of this title.
(d) Boundary negotiations
The Secretary of State, in cooperation with the Secretary, may
initiate and conduct negotiations with any adjacent or opposite foreign
nation to establish the boundaries of the exclusive economic zone of the
United States in relation to any such nation.
(e) Highly migratory species agreements
(1) Evaluation
The Secretary of State, in cooperation with the Secretary, shall
evaluate the effectiveness of each existing international fishery
agreement which pertains to fishing for highly migratory species.
Such evaluation shall consider whether the agreement provides for--
(A) the collection and analysis of necessary information for
effectively managing the fishery, including but not limited to
information about the number of vessels involved, the type and
quantity of fishing gear used, the species of fish involved and
their location, the catch and bycatch levels in the fishery, and
the present and probable future condition of any stock of fish
involved;
(B) the establishment of measures applicable to the fishery
which are necessary and appropriate for the conservation and
management of the fishery resource involved;
(C) equitable arrangements which provide fishing vessels of
the United States with (i) access to the highly migratory
species that are the subject of the agreement and (ii) a portion
of the allowable catch that reflects the traditional
participation by such vessels in the fishery;
(D) effective enforcement of conservation and management
measures and access arrangements throughout the area of
jurisdiction; and
(E) sufficient and dependable funding to implement the
provisions of the agreement, based on reasonable assessments of
the benefits derived by participating nations.
(2) Access negotiations
The Secretary of State, in cooperation with the Secretary, shall
initiate negotiations with respect to obtaining access for vessels
of the United States fishing for tuna species within the exclusive
economic zones of other nations on reasonable terms and conditions.
(3) Reports
The Secretary of State shall report to the Congress--
(A) within 12 months after November 28, 1990, on the results
of the evaluation required under paragraph (1), together with
recommendations for addressing any inadequacies identified; and
(B) within six months after November 28, 1990, on the
results of the access negotiations required under paragraph (2).
(4) Negotiation
The Secretary of State, in consultation with the Secretary,
shall undertake such negotiations with respect to international
fishery agreements on highly migratory species as are necessary to
correct inadequacies identified as a result of the evaluation
conducted under paragraph (1).
(5) South Pacific tuna treaty
It is the sense of the Congress that the United States
Government shall, at the earliest opportunity, begin negotiations
for the purpose of extending the Treaty on Fisheries Between the
Governments of Certain Pacific Island States and the Government of
the United States of America, signed at Port Moresby, Papua New
Guinea, April 2, 1987, and it \1\ Annexes, Schedules, and
implementing agreements for an additional term of 10 years on terms
and conditions at least as favorable to vessels of the United States
and the United States Government.
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\1\ So in original.
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(f) Nonrecognition
It is the sense of the Congress that the United States Government
shall not recognize the claim of any foreign nation to an exclusive
economic zone (or the equivalent) beyond such nation's territorial sea,
to the extent that such sea is recognized by the United States, if such
nation--
(1) fails to consider and take into account traditional fishing
activity of fishing vessels of the United States;
(2) fails to recognize and accept that highly migratory species
are to be managed by applicable international fishery agreements,
whether or not such nation is a party to any such agreement; or
(3) imposes on fishing vessels of the United States any
conditions or restrictions which are unrelated to fishery
conservation and management.
(g) Fishery agreement with Russia
(1) The Secretary of State, in consultation with the Secretary, is
authorized to negotiate and conclude a fishery agreement with Russia of
a duration of no more than 3 years, pursuant to which--
(A) Russia will give United States fishing vessels the
opportunity to conduct traditional fisheries within waters claimed
by the United States prior to the conclusion of the Agreement
between the United States of America and the Union of Soviet
Socialist Republics on the Maritime Boundary, signed June 1, 1990,
west of the maritime boundary, including the western special area
described in Article 3(2) of the Agreement;
(B) the United States will give fishing vessels of Russia the
opportunity to conduct traditional fisheries within waters claimed
by the Union of Soviet Socialist Republics prior to the conclusion
of the Agreement referred to in subparagraph (A), east of the
maritime boundary, including the eastern special areas described in
Article 3(1) of the Agreement;
(C) catch data shall be made available to the government of the
country exercising fisheries jurisdiction over the waters in which
the catch occurred; and
(D) each country shall have the right to place observers on
board vessels of the other country and to board and inspect such
vessels.
(2) Vessels operating under a fishery agreement negotiated and
concluded pursuant to paragraph (1) shall be subject to regulations and
permit requirements of the country in whose waters the fisheries are
conducted only to the extent such regulations and permit requirements
are specified in that agreement.
(3) The Secretary of Commerce may promulgate such regulations, in
accordance with section 553 of title 5, as may be necessary to carry out
the provisions of any fishery agreement negotiated and concluded
pursuant to paragraph (1).
(h) Bycatch reduction agreements
(1) The Secretary of State, in cooperation with the Secretary, shall
seek to secure an international agreement to establish standards and
measures for bycatch reduction that are comparable to the standards and
measures applicable to United States fishermen for such purposes in any
fishery regulated pursuant to this chapter for which the Secretary, in
consultation with the Secretary of State, determines that such an
international agreement is necessary and appropriate.
(2) An international agreement negotiated under this subsection
shall be--
(A) consistent with the policies and purposes of this chapter;
and
(B) subject to approval by Congress under section 1823 of this
title.
(3) Not later than January 1, 1997, and annually thereafter, the
Secretary, in consultation with the Secretary of State, shall submit to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Resources of the House of Representatives a report
describing actions taken under this subsection.
(Pub. L. 94-265, title II, Sec. 202, Apr. 13, 1976, 90 Stat. 339; Pub.
L. 99-659, title I, Sec. 101(c)(2), Nov. 14, 1986, 100 Stat. 3707; Pub.
L. 101-627, title I, Secs. 105(a), 120(a), Nov. 28, 1990, 104 Stat.
4439, 4459; Pub. L. 102-251, title III, Sec. 301(e), Mar. 9, 1992, 106
Stat. 63; Pub. L. 104-297, title I, Sec. 105(b), Oct. 11, 1996, 110
Stat. 3564.)
Amendment of Section
Pub. L. 102-251, title III, Secs. 301(e)(1), (2), 308, Mar. 9,
1992, 106 Stat. 63, 66, provided that, effective on the date on
which the Agreement between the United States and the Union of
Soviet Socialist Republics on the Maritime Boundary, signed June 1,
1990, enters into force for the United States, with authority to
prescribe implementing regulations effective Mar. 9, 1992, but with
no such regulation to be effective until the date on which the
Agreement enters into force for the United States, this section is
amended:
(1) in subsection (b), (A) by inserting ``or special areas''
immediately after ``February 28, 1977)'' and (B) by striking ``such
zone or area'' and inserting in lieu thereof ``such zone or areas'';
and
(2) in subsection (c), (A) by inserting ``or special areas''
immediately after ``February 28, 1977)'' and (B) by striking ``such
zone or area'' and inserting in lieu thereof ``such zone or areas''.
Amendments
1996--Subsec. (c). Pub. L. 104-297, Sec. 105(b)(1), inserted before
period at end ``or section 1824(e) of this title''.
Subsec. (h). Pub. L. 104-297, Sec. 105(b)(2), added subsec. (h).
1992--Subsec. (g). Pub. L. 102-251, Sec. 301(e)(3), added subsec.
(g).
1990--Subsec. (e). Pub. L. 101-627, Sec. 105(a), added subsec. (e).
Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 101-627, Sec. 120(a), substituted ``an
exclusive economic'' for ``a exclusive economic''.
Pub. L. 101-627, Sec. 105(a), redesignated former subsec. (e) as
(f).
1986--Subsecs. (b) to (e). Pub. L. 99-659 substituted ``exclusive
economic zone'' for ``fishery conservation zone'' wherever appearing.
Effective Date of 1992 Amendment
Amendment by section 301(e)(3) of Pub. L. 102-251 effective Mar. 9,
1992, and amendment by section 301(e)(1), (2), of Pub. L. 102-251
effective on date on which Agreement between United States and Union of
Soviet Socialist Republics on the Maritime Boundary, signed June 1,
1990, enters into force for United States, with authority to prescribe
implementing regulations effective Mar. 9, 1992, but with no such
regulation to be effective until date on which Agreement enters into
force for United States, see section 308 of Pub. L. 102-251, set out as
a note under section 773 of this title.
Shark Finning Prohibition
Pub. L. 106-557, Dec. 21, 2000, 114 Stat. 2772, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Shark Finning Prohibition Act'.
``SEC. 2. PURPOSE.
``The purpose of this Act is to eliminate shark-finning by
addressing the problem comprehensively at both the national and
international levels.
``SEC. 3. PROHIBITION ON REMOVING SHARK FIN AND DISCARDING SHARK CARCASS
AT SEA
``[Amended section 1857 of this title.]
``SEC. 4. REGULATIONS.
``No later than 180 days after the date of the enactment of this Act
[Dec. 21, 2000], the Secretary of Commerce shall promulgate regulations
implementing the provisions of section 3076(1)(P) [307(1)(P)] of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1857(1)(P)), as added by section 3 of this Act.
``SEC. 5. INTERNATIONAL NEGOTIATIONS.
``The Secretary of Commerce, acting through the Secretary of State,
shall--
``(1) initiate discussions as soon as possible for the purpose
of developing bilateral or multilateral agreements with other
nations for the prohibition on shark-finning;
``(2) initiate discussions as soon as possible with all foreign
governments which are engaged in, or which have persons or companies
engaged in shark-finning, for the purposes of--
``(A) collecting information on the nature and extent of
shark-finning by such persons and the landing or transshipment
of shark fins through foreign ports; and
``(B) entering into bilateral and multilateral treaties with
such countries to protect such species;
``(3) seek agreements calling for an international ban on shark-
finning and other fishing practices adversely affecting these
species through the United Nations, the Food and Agriculture
Organization's Committee on Fisheries, and appropriate regional
fishery management bodies;
``(4) initiate the amendment of any existing international
treaty for the protection and conservation of species of sharks to
which the United States is a party in order to make such treaty
consistent with the purposes and policies of this section;
``(5) urge other governments involved in fishing for or
importation of shark or shark products to fulfill their obligations
to collect biological data, such as stock abundance and by-catch
levels, as well as trade data, on shark species as called for in the
1995 Resolution on Cooperation with FAO with Regard to study on the
Status of Sharks and By-Catch of Shark Species; and
``(6) urge other governments to prepare and submit their
respective National Plan of Action for the Conservation and
Management of Sharks to the 2001 session of the FAO Committee on
Fisheries, as set forth in the International Plan of Action for the
Conservation and Management of Sharks.
``SEC. 6. REPORT TO CONGRESS.
``The Secretary of Commerce, in consultation with the Secretary of
State, shall provide to Congress, by not later than 1 year after the
date of the enactment of this Act [Dec. 21, 2000], and every year
thereafter, a report which--
``(1) includes a list that identifies nations whose vessels
conduct shark-finning and details the extent of the international
trade in shark fins, including estimates of value and information on
harvesting of shark fins, and landings or transshipment of shark
fins through foreign ports;
``(2) describes the efforts taken to carry out this Act, and
evaluates the progress of those efforts;
``(3) sets forth a plan of action to adopt international
measures for the conservation of sharks; and
``(4) includes recommendations for measures to ensure that
United States actions are consistent with national, international,
and regional obligations relating to shark populations, including
those listed under the Convention on International Trade in
Endangered Species of Wild Flora and Fauna.
``SEC. 7. RESEARCH.
``The Secretary of Commerce, subject to the availability of
appropriations authorized by section 10, shall establish a research
program for Pacific and Atlantic sharks to engage in the following data
collection and research:
``(1) The collection of data to support stock assessments of
shark populations subject to incidental or directed harvesting by
commercial vessels, giving priority to species according to
vulnerability of the species to fishing gear and fishing mortality,
and its population status.
``(2) Research to identify fishing gear and practices that
prevent or minimize incidental catch of sharks in commercial and
recreational fishing.
``(3) Research on fishing methods that will ensure maximum
likelihood of survival of captured sharks after release.
``(4) Research on methods for releasing sharks from fishing gear
that minimize risk of injury to fishing vessel operators and crews.
``(5) Research on methods to maximize the utilization of, and
funding to develop the market for, sharks not taken in violation of
a fishing management plan approved under section 303 or section
307(1)(P) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853, 1857(1)(P)).
``(6) Research on the nature and extent of the harvest of sharks
and shark fins by foreign fleets and the international trade in
shark fins and other shark products.
``SEC. 8. WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH
PROGRAM.
``The National Marine Fisheries Service, in consultation with the
Western Pacific Fisheries Management Council, shall initiate a
cooperative research program with the commercial longlining industry to
carry out activities consistent with this Act, including research
described in section 7 of this Act. The service [Service] may initiate
such shark cooperative research programs upon the request of any other
fishery management council.
``SEC. 9. SHARK-FINNING DEFINED.
``In this Act, the term `shark-finning' means the taking of a shark,
removing the fin or fins (whether or not including the tail) of a shark,
and returning the remainder of the shark to the sea.
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary of
Commerce for fiscal years 2001 through 2005 such sums as are necessary
to carry out this Act.''
Certificate of Legal Origin for Anadromous Fish Products
Section 801 of Pub. L. 101-627 provided that:
``(a) Negotiations.--Within 60 days after the date of enactment of
this Act [Nov. 28, 1990], the Secretary of State shall commence
negotiations with nations which import or export anadromous fish or
anadromous fish products for the purpose of securing general agreement
among such nations to implement effective measures to prohibit
international trade in anadromous fish or anadromous fish products
unless such fish or fish products are accompanied by a valid certificate
of legal origin attesting that the fish or fish product was lawfully
harvested--
``(1) within the jurisdiction of a nation having naturally
occurring or artificially established anadromous fish populations of
the same species as the imported or exported product; or
``(2) on the high seas according to an international agreement
among nations with jurisdiction over more than 1 percent of the
stocks of anadromous fish being so harvested.
``(b) Issuance of Certificates.--For the purposes of subsection (a),
a valid certificate of legal origin may be issued only by a nation
which--
``(1) is the nation having jurisdiction over the vessel or other
means by which the fish or fish product was harvested; and
``(2) maintains regular harvests of anadromous fish in a manner
consistent with the criteria for lawful harvests set out in
subsection (a).
``(c) Bilateral or Multilateral Agreements.--Efforts undertaken by
the Secretary of State pursuant to subsection (a) may, at the discretion
of the Secretary, be directed toward achieving either bilateral or
multilateral agreements, including trade agreements, whichever the
Secretary determines to be most likely to result in the earliest
possible date or dates of agreement by those nations which individually
have in excess of $1,000,000, or the equivalent, in import or export
trade in anadromous fish and anadromous fish products.
``(d) Regulations.--The Secretary of Commerce shall, within 180 days
after the date of enactment of this Act [Nov. 28, 1990], promulgate
regulations providing for--
``(1) the issuance of certificates of legal origin pursuant to
agreements under subsection (a) for anadromous fish and anadromous
fish products legally harvested by vessels of the United States;
``(2) the delegation of the authority to issue certificates of
legal origin to States, territories, or possessions of the United
States which the Secretary of Commerce determines to have
implemented a program which is sufficient to accomplish the purposes
of subsection (a); and
``(3) an orderly transition to such regulations, sufficient to
ensure that United States commerce in anadromous fish and anadromous
fish products is not unduly disrupted.
``(e) Report Required.--The Secretary of Commerce, after
consultation with the Secretary of the Treasury, shall, within 180 days
after the date of enactment of this Act [Nov. 28, 1990], submit to the
Congress a report--
``(1) making recommendations as to the need for the adoption of
United States import and export restrictions on anadromous fish and
anadromous fish products consistent with subsection (a); and
``(2) identifying, evaluating, and making recommendations
regarding any specific statutory or regulatory changes that may be
necessary for the adoption of such restrictions.
``(f) Certification.--If, at any time following the promulgation of
the regulations required by subsection (d), the Secretary of Commerce
finds that any nation is engaging in trade in unlawfully taken
anadromous fish or anadromous fish products, the Secretary shall certify
that fact to the President, which certification shall be deemed to be a
certification for the purposes of section 8(a)(1) of the Fishermen's
Protective Act of 1967 (22 U.S.C. 1978(a)(1)).''
Driftnet Impact Monitoring, Assessment, and Control
Pub. L. 100-220, title IV, Dec. 29, 1987, 101 Stat. 1477, as amended
by Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II,
Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that:
``SEC. 4001. SHORT TITLE.
``This title may be cited as the `Driftnet Impact Monitoring,
Assessment, and Control Act of 1987'.
``SEC. 4002. FINDINGS.
``The Congress finds that--
``(1) the use of long plastic driftnets is a fishing technique
that may result in the entanglement and death of enormous numbers of
target and nontarget marine resources in the waters of the North
Pacific Ocean, including the Bering Sea;
``(2) there is a pressing need for detailed and reliable
information on the number of marine resources that become entangled
and die in actively fished driftnets and in driftnets that are lost,
abandoned, or discarded; and
``(3) increased efforts are necessary to monitor, assess, and
reduce the adverse impacts of driftnets.
``SEC. 4003. DEFINITIONS.
``As used in this title--
``(1) Driftnet.--The term `driftnet' means a gillnet composed of
a panel of plastic webbing one and one-half miles or more in length.
``(2) Driftnet fishing.--The term `driftnet fishing' means a
fish-harvesting method in which a driftnet is placed in water and
allowed to drift with the currents and winds for the purpose of
entangling fish in the webbing.
``(3) Exclusive economic zone of the united states.--The term
`exclusive economic zone of the United States' means the zone
defined in section 3(6) [now 3(11)] of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802(b) [1802(11)]).
``(4) Marine resources.--The term `marine resources' includes
fish, shellfish, marine mammals, seabirds, and other forms of marine
life or waterfowl.
``(5) Marine resources of the united states.--The term `marine
resources of the United States' means--
``(A) marine resources found in, or which breed within,
areas subject to the jurisdiction of the United States,
including the exclusive economic zone of the United States; and
``(B) species of fish, wherever found, that spawn in the
fresh or estuarine waters of the United States.
``(6) Secretary.--The term `Secretary' means the Secretary of
Commerce.
``SEC. 4004. MONITORING AGREEMENTS.
``(a) Negotiations.--The Secretary, through the Secretary of State
and in consultation with the Secretary of the Interior, shall
immediately initiate, negotiations with each foreign government that
conducts, or authorizes its nationals to conduct, driftnet fishing that
results in the taking of marine resources of the United States in waters
of the North Pacific Ocean outside of the exclusive economic zone and
territorial sea of any nation, for the purpose of entering into
agreements for statistically reliable cooperative monitoring and
assessment of the numbers of marine resources of the United States
killed and retrieved, discarded, or lost by the foreign government's
driftnet fishing vessels. Such agreements shall provide for--
``(1) the use of a sufficient number of vessels from which
scientists of the United States and the foreign governments may
observe and gather statistically reliable information; and
``(2) appropriate methods for sharing equally the costs
associated with such activities.
``(b) Report.--The Secretary, in consultation with the Secretary of
State, shall provide to the Congress not later than 1 year after the
date of enactment of this Act [Dec. 29, 1987] a full report on the
results of negotiations under this section.
``SEC. 4005. IMPACT REPORT.
``(a) In General.--The Secretary shall provide to the Congress
within 1 year after the date of the enactment of this Act [Dec. 29,
1987], and at such other times thereafter as the Secretary considers
appropriate, a report identifying the nature, extent, and effects of
driftnet fishing in waters of the North Pacific Ocean on marine
resources of the United States. The report shall include the best
available information on--
``(1) the number and flag state of vessels involved;
``(2) the areas fished;
``(3) the length, width, and mesh size of driftnets used;
``(4) the number of marine resources of the United States killed
by such fishing;
``(5) the effect of seabird mortality, as determined by the
Secretary of the Interior, on seabird populations; and
``(6) any other information the Secretary considers appropriate.
``(b) Information From Foreign Governments.--The Secretary, through
the Secretary of State, shall--
``(1) request relevant foreign governments to provide the
information described in subsection (a), and
``(2) include in a report under this section the information so
provided and an evaluation of the adequacy and reliability of such
information.
``SEC. 4006. ENFORCEMENT AGREEMENTS.
``(a) Negotiations.--The Secretary shall immediately initiate,
through the Secretary of State and in consultation with the Secretary of
the Department in which the Coast Guard is operating negotiations with
each foreign government that conducts, or authorizes its nationals to
conduct, driftnet fishing that results in the taking of marine resources
of the United States in waters of the North Pacific Ocean outside of the
exclusive economic zone and territorial sea of any nation, for the
purpose of entering into agreements for effective enforcement of laws,
regulations, and agreements applicable to the location, season, and
other aspects of the operations of the foreign government's driftnet
fishing vessels. Such agreements shall include measures for--
``(1) the effective monitoring and detection of violations;
``(2) the collection and presentation of such evidence of
violations as may be necessary for the successful prosecution of
such violations by the responsible authorities;
``(3) reporting to the United States of penalties imposed by the
foreign governments for violations; and
``(4) appropriate methods for sharing equally the costs
associated with such activities.
``(b) Certification for Purposes of Fishermen's Protective Act of
1967.--If the Secretary, in consultation with the Secretary of State,
determines that a foreign government has failed, within 18 months after
the date of the enactment of this Act [Dec. 29, 1987], to enter into and
implement an agreement under subsection (a) or section 4004(a) that is
adequate, the Secretary shall certify such fact to the President, which
certification shall be deemed to be a certification for the purposes of
section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C.
1978(a)).
``SEC. 4007. EVALUATIONS AND RECOMMENDATIONS.
``(a) Marking, Registry, and Identification System.--The Secretary
shall evaluate, in consultation with officials of other Federal agencies
and such other persons as may be appropriate, the feasibility of and
develop recommendations for the establishment of a driftnet marking,
registry, and identification system to provide a reliable method for the
determination of the origin by vessel, of lost, discarded, or abandoned
driftnets and fragments of driftnets. In conducting such evaluation, the
Secretary shall consider the adequacy of existing driftnet
identification systems of foreign nations and the extent to which these
systems achieve the objectives of this title.
``(b) Alternative Driftnet Materials.--The Secretary, in
consultation with such other persons as may be appropriate, shall
evaluate the feasibility of, and develop appropriate recommendations
for, the use of alternative materials in driftnets for the purpose of
increasing the rate of decomposition of driftnets that are discarded or
lost at sea.
``(c) Driftnet Bounty System.--The Secretary, in consultation with
such other persons as may be appropriate, shall evaluate the feasibility
of and develop appropriate recommendations for the implementation of a
driftnet bounty system to pay persons who retrieve from the exclusive
economic zone and deposit with the Secretary lost, abandoned, and
discarded driftnet and other plastic fishing material.
``(d) Driftnet Fishing Vessel Tracking System.--The Secretary, in
consultation with such other persons as may be appropriate, shall
evaluate the feasibility of, and develop appropriate recommendations
for, the establishment of a cooperative driftnet fishing vessel tracking
system to facilitate efforts to monitor the location of driftnet fishing
vessels.
``(e) Report.--The Secretary shall transmit to the Congress not
later than 18 months after the date of the enactment of this Act [Dec.
29, 1987] a report setting forth--
``(1) the evaluations and recommendations developed under
subsections (a), (b), (c), and (d);
``(2) the most effective and appropriate means of implementing
such recommendations;
``(3) any need for further research and development efforts and
the estimated cost and time required for completion of such efforts;
and
``(4) any need for legislation to provide authority to carry out
such recommendations.
``SEC. 4008. CONSTRUCTION WITH OTHER LAWS.
``This title [this note] shall not serve or be construed to expand
or diminish the sovereign rights of the United States, as stated by
Presidential Proclamation Numbered 5030, dated March 10, 1983 [16 U.S.C.
1453 note], and reflected in existing law on the date of the enactment
of this Act [Dec. 29, 1987].
``SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Department of
Commerce and the Department of State, such sums as may be necessary to
carry out the purposes of this title.''
[For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the
Department of Homeland Security Reorganization Plan of November 25,
2002, as modified, set out as a note under section 542 of Title 6.]
Section Referred to in Other Sections
This section is referred to in section 1821 of this title.
