§ 1826d. — Prohibition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1826d]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER III--FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS
Sec. 1826d. Prohibition
The United States, or any agency or official acting on behalf of the
United States, may not enter into any international agreement with
respect to the conservation and management of living marine resources or
the use of the high seas by fishing vessels that would prevent full
implementation of the global moratorium on large-scale driftnet fishing
on the high seas, as such moratorium is expressed in Resolution 46/215
of the United Nations General Assembly.
(Pub. L. 104-43, title VI, Sec. 603, Nov. 3, 1995, 109 Stat. 392.)
Codification
Section was enacted as part of the High Seas Driftnet Fishing
Moratorium Protection Act, and also as part of the Fisheries Act of
1995, and not as part of the Magnuson-Stevens Fishery Conservation and
Management Act which comprises this chapter.
Congressional Findings
Section 602 of Pub. L. 104-43 provided that: ``The Congress finds
that--
``(1) Congress has enacted and the President has signed into law
numerous Acts to control or prohibit large-scale driftnet fishing
both within the jurisdiction of the United States and beyond the
exclusive economic zone of any nation, including the Driftnet Impact
Monitoring, Assessment, and Control Act of 1987 (title IV, Public
Law 100-220) [16 U.S.C. 1822 note], the Driftnet Act Amendments of
1990 (Public Law 101-627) [16 U.S.C. 1826], and the High Seas
Driftnet Fisheries Enforcement Act (title I, Public Law 102-582)
[see Short Title of 1992 Amendment note set out under section 1801
of this title];
``(2) the United States is a party to the Convention for the
Prohibition of Fishing with Long Driftnets in the South Pacific,
also known as the Wellington Convention;
``(3) the General Assembly of the United Nations has adopted
three resolutions and three decisions which established and reaffirm
a global moratorium on large-scale driftnet fishing on the high
seas, beginning with Resolution 44/225 in 1989 and most recently in
Decision 48/445 in 1993;
``(4) the General Assembly of the United Nations adopted these
resolutions and decisions at the request of the United States and
other concerned nations;
``(5) the best scientific information demonstrates the
wastefulness and potentially destructive impacts of large-scale
driftnet fishing on living marine resources and seabirds; and
``(6) Resolution 46/215 of the United Nations General Assembly
calls on all nations, both individually and collectively, to prevent
large-scale driftnet fishing on the high seas.''
Section Referred to in Other Sections
This section is referred to in section 1826f of this title.
