§ 1823. — Congressional oversight of 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: 16USC1823]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER III--FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS
Sec. 1823. Congressional oversight of international fishery
agreements
(a) In general
No governing international fishery agreement, bycatch reduction
agreement, or Pacific Insular Area fishery agreement shall become
effective with respect to the United States before the close of the
first 120 days (excluding any days in a period for which the Congress is
adjourned sine die) 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, bycatch
reduction agreement, or Pacific Insular Area 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) 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, bycatch reduction agreement, or Pacific Insular Area
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.
(Pub. L. 94-265, title II, Sec. 203, Apr. 13, 1976, 90 Stat. 340; Pub.
L. 103-437, Sec. 6(x), Nov. 2, 1994, 108 Stat. 4587; Pub. L. 104-297,
title I, Sec. 105(c), Oct. 11, 1996, 110 Stat. 3564.)
Amendments
1996--Pub. L. 104-297, Sec. 105(c)(1), substituted ``international''
for ``governing international'' in section catchline.
Subsec. (a). Pub. L. 104-297, Sec. 105(c)(2), (3), inserted ``,
bycatch reduction agreement, or Pacific Insular Area fishery agreement''
after ``international fishery agreement'' in two places and substituted
``120 days (excluding any days in a period for which the Congress is
adjourned sine die)'' for ``60 calendar days of continuous session of
the Congress''.
Subsec. (c). Pub. L. 104-297, Sec. 105(c)(4), (5), redesignated
subsec. (d) as (c) and struck out heading and text of former subsec.
(c). Text read as follows: ``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.''
Subsec. (c)(2)(A). Pub. L. 104-297, Sec. 105(c)(6), substituted
``agreement, bycatch reduction agreement, or Pacific Insular Area
fishery agreement'' for ``agreement''.
Subsec. (d). Pub. L. 104-297, Sec. 105(c)(5), redesignated subsec.
(d) as (c).
1994--Subsec. (b). Pub. L. 103-437, Sec. 6(x)(1), substituted
``Commerce, Science, and Transportation and on'' for ``Commerce and''.
Subsec. (d)(2)(B). Pub. L. 103-437, Sec. 6(x)(2), substituted
``Commerce, Science, and Transportation'' for ``Commerce''.
Short Title of 1995 Amendment
Pub. L. 104-43, title V, Sec. 501, Nov. 3, 1995, 109 Stat. 391,
provided that: ``This title [amending provisions set out below] may be
cited as the `Sea of Okhotsk Fisheries Enforcement Act of 1995'.''
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee
on Merchant Marine and Fisheries of House of Representatives treated as
referring to Committee on Resources of House of Representatives in case
of provisions relating to fisheries, wildlife, international fishing
agreements, marine affairs (including coastal zone management) except
for measures relating to oil and other pollution of navigable waters, or
oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
Governing International Fishery Agreement With Poland
Pub. L. 105-384, title I, Sec. 101, Nov. 13, 1998, 112 Stat. 3451,
provided that: ``Notwithstanding section 203 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1823), the governing
international fishery agreement between the Government of the United
States of America and the Government of the Republic of Poland, as
contained in the message to Congress from the President of the United
States dated February 5, 1998, is approved as a governing international
fishery agreement for the purposes of such Act [16 U.S.C. 1801 et seq.]
and shall enter into force and effect with respect to the United States
on the date of the enactment of this Act [Nov. 13, 1998].''
Governing International Fishery Agreement With Republic of Estonia
Pub. L. 102-587, title I, Sec. 1001, Nov. 4, 1992, 106 Stat. 5039,
provided that the governing international fishery agreement between the
Government of the United States of America and the Government of the
Republic of Estonia, was approved by Congress as a governing
international fishery agreement for purposes of this chapter and was to
enter into force and effect with respect to the United States on Nov. 4,
1992.
Fisheries Enforcement in Central Bering Sea and Central Sea of Okhotsk
Pub. L. 102-582, title III, Nov. 2, 1992, 106 Stat. 4906, as amended
by Pub. L. 104-43, title V, Sec. 502, Nov. 3, 1995, 109 Stat. 391; Pub.
L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept.
30, 1996, 110 Stat. 3009, 3009-41, which provided that this title was to
be cited as the ``Central Bering Sea Fisheries Enforcement Act of
1992'', prohibited vessels and nationals of United States from
conducting fishing operations in Central Bering Sea and Central Sea of
Okhotsk, except where such fishing operations were conducted in
accordance with international fishery agreement to which United States
and Russian Federation were parties, further provided for civil
penalties and permit sanctions for violations of these provisions as
well as authority to deny port privileges for fishing in Central Bering
Sea, further authorized Secretary of Commerce to issue regulations
restricting fishing in United States exclusive economic zone, and
further provided for definition of terms and that this title would cease
to have force and effect after the date that is seven years after Nov.
2, 1992, except that any proceeding with respect to violations occurring
prior to such date was to be conducted as if these provisions were still
in effect.
North Pacific and Bering Sea Fisheries Advisory Body
Pub. L. 100-629, Sec. 5, Nov. 7, 1988, 102 Stat. 3287, provided
that:
``(a) In General.--The Secretary of State shall establish an
advisory body on the fisheries of the North Pacific and the Bering Sea,
which shall advise the United States representative to the International
Consultative Committee created in accordance with Article XIV of the
governing international fishery agreement entered into between the
United States and the Union of Soviet Socialist Republics, as contained
in the message to Congress from the President of the United States dated
June 22, 1988.
``(b) Membership.--
``(1) In General.--The advisory body established pursuant to
this section shall consist of 12 members, as follows:
``(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) Nominations.--The Governor of Alaska and the Governor of
Washington shall each nominate 10 persons for purposes of paragraph
(1).
``(c) Pay.--Members of the advisory body established pursuant to
this section shall receive no pay by reason of their service as members
of the advisory body.
``(d) Exemption From Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not apply to an
advisory body established pursuant to this section.''
Governing International Fishery Agreement With Russian Federation
Pub. L. 103-206, title VII, Sec. 701, Dec. 20, 1993, 107 Stat. 2446,
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:
``The Agreement between the Government of the United States of America
and the Government of the Russian Federation on Mutual Fisheries
Relations which was entered into on May 31, 1988, and which expired by
its terms on October 28, 1993, may be brought into force again for the
United States through an exchange of notes between the United States of
America and the Russian Federation and may remain in force and effect on
the part of the United States until May 1, 1994, and may be amended or
extended by a subsequent agreement to which section 203 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1823)
applies.''
Pub. L. 100-629, Sec. 1, Nov. 7, 1988, 102 Stat. 3286, provided that
the governing international fishery agreement entered into between the
Government of the United States and the Government of the Union of
Soviet Socialist Republics was approved by Congress and was to enter
into force and effect with respect to the United States on Nov. 7, 1988.
Governing International Fishery Agreement With German Democratic
Republic
Pub. L. 100-350, Sec. 1, June 27, 1988, 102 Stat. 660, provided that
extension of governing international fishery agreement between the
Government of the United States of America and the Government of the
German Democratic Republic was approved by Congress as a governing
international fishery agreement for purposes of this chapter, and was to
enter into force and effect with respect to the United States on June
27, 1988.
Governing International Fishery Agreements With Iceland and the European
Economic Community
Pub. L. 98-623, title I, Nov. 8, 1984, 98 Stat. 3394, 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:
``Notwithstanding section 203 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1823) [this section]--
``(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
Pub. L. 98-498, title IV, Sec. 440, Oct. 19, 1984, 98 Stat. 2310, 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:
``Notwithstanding section 203 of the Magnuson-Stevens Fishery
Conservation and Management Act of 1976 [this section], the Governing
International Fishery Agreement between the Government of the United
States of America of the One Part and the Home Government of the Faroe
Islands and the Government of Denmark of the Other Part Concerning
Faroese Fishing in Fisheries Off the Coasts of the United States, as
contained in the message to Congress from the President of the United
States dated July 13, 1984--
``(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
Pub. L. 101-224, Sec. 7, Dec. 12, 1989, 103 Stat. 1907, provided
that the governing international fishery agreement entered into between
the Government of the United States and the Government of Japan was
approved by Congress and was to enter into force and effect with respect
to the United States on Dec. 12, 1989.
Pub. L. 100-220, title I, Sec. 1001, Dec. 29, 1987, 101 Stat. 1459,
provided that the governing international fishery agreement between the
Government of the United States of America and the Government of Japan
Concerning Fisheries Off the Coasts of the United States was approved by
Congress as a governing international fishery agreement for the purposes
of this chapter, and was to enter into force and effect with respect to
the United States on Dec. 29, 1987.
Pub. L. 97-389, title IV, Sec. 401, Dec. 29, 1982, 96 Stat. 1954,
provided that the governing international fishery agreement entered into
between the Government of the United States and the Government of Japan
pursuant to this chapter, signed at Washington on Sept. 10, 1982, was
approved, and was effective on Jan. 1, 1983.
Governing International Fishery Agreement With Spain
Pub. L. 97-389, title IV, Sec. 402, Dec. 29, 1982, 96 Stat. 1954,
provided for approval of the governing international fishery agreement
entered into between the Government of the United States and the
Government of Spain pursuant to this chapter.
Governing International Fishery Agreement With Portugal
Pub. L. 96-561, title I, Sec. 145, title II, Sec. 238(b), Dec. 22,
1980, 94 Stat. 3287, 3300, provided that the governing international
fishery agreement between the Government of the United States of America
and the Government of Portugal Concerning Fisheries Off the Coasts of
the United States was approved by Congress as a governing international
fishery agreement for the purposes of this chapter, and was to enter
into force and effect with respect to the United States on Dec. 22,
1980.
Extension of International Fishery Agreements
Pub. L. 100-66, Sec. 1, July 10, 1987, 101 Stat. 384, provided that
the governing international fishery agreement entered into between the
Government of the United States and the Government of the Republic of
Korea on July 26, 1982, was to remain in force and effect with respect
to the United States until the closing date of the sixty-day period
referred to in subsec. (a) of this section that applied with respect to
any new governing international fishery agreement between the United
States and the Republic of Korea that was transmitted to the Congress
under subsec. (a) of this section after May 1, 1987, or Nov. 1, 1987,
whichever was earlier.
Pub. L. 98-364, title I, Sec. 106, July 17, 1984, 98 Stat. 442,
provided that upon certification by Secretary of State to President of
the Senate and Speaker of the House of Representatives that a new
governing international fishery agreement in conformity with this
chapter had been negotiated by the United States and the European
Economic Community, the existing governing international fishery
agreement referred to in section 2(a)(7) of Pub. L. 95-6, formerly set
out below, could be extended or reinstated and could be in force and
effect with respect to the United States, for the period of time ending
on the earlier of (1) the effective date of the new governing
international fishery agreement, or (2) Sept. 30, 1984.
Pub. L. 97-212, Sec. 10(b), June 30, 1982, 96 Stat. 148, provided
that the governing international fishery agreements referred to in
section 2(a)(9) and (10) of Pub. L. 95-6, formerly set out below, were
to be extended, and were to be in force and effect with respect to the
United States, for the period of time ending on the deadline for
completion of congressional review, pursuant to 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 was a party to the agreement in question, or July 31,
1982, if the United States and the respective foreign government that
was a party to the agreement in question failed to sign a new governing
international fishery agreement on or before that date.
Congressional Approval of Certain Governing International Fishery
Agreements
Pub. L. 95-6, Sec. 2, Feb. 21, 1977, 91 Stat. 15, as amended by Pub.
L. 95-8, Sec. 1, Mar. 3, 1977, 91 Stat. 18; Pub. L. 95-219, Sec. 1, Dec.
28, 1977, 91 Stat. 1613; Pub. L. 96-561, title II, Sec. 238(b), Dec. 22,
1980, 94 Stat. 3300; Pub. L. 97-212, Sec. 10(a), June 30, 1982, 96 Stat.
148; Pub. L. 98-44, title I, Sec. 105, July 12, 1983, 97 Stat. 217; Pub.
L. 98-364, title I, Sec. 105, July 17, 1984, 98 Stat. 442, provided for
the approval by Congress, as a governing international fishery agreement
for purposes of this chapter, of the governing international fishery
agreement between--
(1) the Government of the United States and the Government of
the People's Republic of Bulgaria Concerning Fisheries Off the
Coasts of the United States;
(2) the Government of the United States and the Government of
the Socialist Republic of Romania Concerning Fisheries Off the
Coasts of the United States;
(3) the Government of the United States and the Government of
the Republic of China Concerning Fisheries Off the Coasts of the
United States;
(4) the Government of the United States and the Government of
the German Democratic Republic Concerning Fisheries Off the Coasts
of the United States;
(5) the Government of the United States and the Government of
the Union of Soviet Socialist Republics Concerning Fisheries Off the
Coasts of the United States;
(6) the Government of the United States and the Government of
the Polish People's Republic Concerning Fisheries Off the Coasts of
the United States;
(7) the Government of the United States and the European
Economic Community Concerning Fisheries Off the Coasts of the United
States;
(8) the Government of the United States and the Government of
Japan Concerning Fisheries Off the Coasts of the United States (for
1977);
(9) the Government of the United States and the Government of
the Republic of Korea Concerning Fisheries Off the Coasts of the
United States;
(10) the Government of the United States and the Government of
Spain Concerning Fisheries Off the Coasts of the United States;
(11) the Government of the United States and the Government of
Mexico Concerning Fisheries Off the Coasts of the United States;
(12) the Government of the United States and the Government of
the Union of Soviet Socialist Republics referred to in par. (5), as
extended until July 1, 1983, pursuant to Diplomatic Notes;
(13) the American Institute in Taiwan and the Coordination
Council for North American Affairs;
(14) the Government of the United States and the Government of
the Polish People's Republic referred to in par. (6), as extended
until July 1, 1983, pursuant to Diplomatic Notes;
(15) the Government of the United States and the Government of
the Union of Soviet Socialist Republics referred to in par. (5), as
extended until Dec. 31, 1985, pursuant to Diplomatic Notes;
(16) the Government of the United States and the Government of
the Polish People's Republic referred to in par. (6), as extended
until Dec. 31, 1985, pursuant to Diplomatic Notes; and
(17) the Government of the United States and the Government of
the German Democratic Republic referred to in par. (4);
and provided further that the agreements referred to in pars. (1) to (6)
were to enter into force and effect with respect to the United States on
Feb. 21, 1977, that the agreements referred to in pars. (7) to (11) were
to enter into force and effect with respect to the United States on Feb.
27, 1977, that the agreements referred to in pars. (12) to (14) were to
enter into force and effect with respect to the United States on July 1,
1982, that the agreements referred to in pars. (15) and (16) were to
enter into force and effect with respect to the United States on July 1,
1984, and that the agreement referred to in par. (17) was to enter into
force and effect with respect to the United States on July 1, 1983.
Reciprocal Fisheries Agreement Between United States and Canada
Pub. L. 95-6, Sec. 5, as added Pub. L. 95-73, July 27, 1977, 91
Stat. 283; amended Pub. L. 95-314, July 1, 1978, 92 Stat. 376; Pub. L.
96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300, provided
for congressional approval of the Reciprocal Fisheries Agreement for
1978 between the Government of the United States and the Government of
Canada, and that the Agreement was to be in force and effect with
respect to the United States from Jan. 1, 1978, until such later date in
1978 as was to be determined pursuant to the terms of the Agreement.
Section Referred to in Other Sections
This section is referred to in sections 1821, 1822, 1824, 1857 of
this title.
