102d CONGRESS
2d Session
H. R. 2152
SENATE AMENDMENT TO HOUSE AMENDMENTS TO SENATE AMENDMENT
HR 2152 EAS2S
In the Senate of the United States,
August 12 (legislative day, August 5), 1992.
Resolved, That the Senate agree to the amendments of the House of
Representatives to the amendment of the Senate to the bill (H.R. 2152)
entitled `An Act  to enhance the effectiveness of the United Nations
international driftnet fishery conservation program' with the following
SENATE AMENDMENT TO HOUSE AMENDMENTS TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the House amendment to the
Senate amendment to the text of the bill, insert:

e867b920ab465cf940bab9ee634bb40650c1ace3c2dc941df9e64cd6fb2ed0b7

This Act may be cited as the `High Seas Driftnet Fisheries Enforcement Act'.

188bdbd48568db20fa8d3edf75acf8ad4eec27245da4545d0cdf2811571f6f6d

(a) FINDINGS- Congress makes the following findings:
(1) Large-scale driftnet fishing on the high seas is highly destructive
to the living marine resources and ocean ecosystems of the world's oceans,
including anadromous fish and other living marine resources of the United
States.
(2) The cumulative effects of large-scale driftnet fishing pose a significant
threat to the marine ecosystem, and slow-reproducing species like marine
mammals, sharks, and seabirds may require many years to recover.
(3) Members of the international community have reviewed the best available
scientific data on the impacts of large-scale pelagic driftnet fishing,
and have failed to conclude that this practice has no significant adverse
impacts which threaten the conservation and sustainable management of
living marine resources.
(4) The United Nations, via General Assembly Resolutions numbered 44-225,
45-197, and most recently 46-215 (adopted on December 20, 1991), has
called for a worldwide moratorium on all high seas driftnet fishing by
December 31, 1992, in all the world's oceans, including enclosed seas and
semi-enclosed seas.
(5) The United Nations has commended the unilateral, regional, and
international efforts undertaken by members of the international community
and international organizations to implement and support the objectives
of the General Assembly resolutions.
(6) Operative paragraph (4) of United Nations General Assembly Resolution
numbered 46-215 specifically `encourages all members of the international
community to take measures individually and collectively to prevent
large-scale pelagic driftnet fishing operations on the high seas of the
world's oceans and seas'.
(7) The United States, in section 307(1)(M) of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1857(1)(M)), has specifically
prohibited the practice of large-scale driftnet fishing by United States
nationals and vessels both within the exclusive economic zone of the United
States and beyond the exclusive economic zone of any nation.
(8) The Senate, through Senate Resolution 396 of the One Hundredth Congress
(approved on March 18, 1988), has called for a moratorium on fishing in
the Central Bering Sea and the United States has taken concrete steps to
implement such moratorium through international negotiations.
(9) Despite the continued evidence of a decline in the fishery resources of
the Bering Sea and the multiyear cooperative negotiations undertaken by the
United States, the Russian Federation, Japan, and other concerned fishing
nations, some nations refuse to agree to measures to reduce or eliminate
unregulated fishing practices in the waters of the Bering Sea beyond the
exclusive economic zones of the United States and the Russian Federation.
(10) In order to ensure that the global moratorium on large-scale
driftnet fishing called for in United Nations General Assembly Resolution
numbered 46-215 takes effect by December 31, 1992, and that unregulated
fishing practices in the waters of the Central Bering Sea are reduced or
eliminated, the United States should take the actions described in this
Act and encourage other nations to take similar action.
(b) POLICY- It is the stated policy of the United States to--
(1) implement United Nations General Assembly Resolution numbered 46-215,
approved unanimously on December 20, 1991, which calls for an immediate
cessation to further expansion of large-scale driftnet fishing, a 50 percent
reduction in existing large-scale driftnet fishing effort by June 30,
1992, and a global moratorium on the use of large-scale driftnets beyond
the exclusive economic zone of any nation by December 31, 1992;
(2) bring about a moratorium on fishing in the Central Bering Sea, or an
international conservation and management agreement to which the United
States and the Russian Federation are parties that regulates fishing in
the Central Bering Sea; and
(3) secure a permanent ban on the use of destructive fishing practices,
and in particular large-scale driftnets, by persons or vessels fishing
beyond the exclusive economic zone of any nation.

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DRIFTNET FISHING.
(a) Denial of Port Privileges-
(1) PUBLICATION OF LIST- Not later than thirty days after the date of
enactment of this Act and periodically thereafter, the Secretary of
Commerce, in consultation with the Secretary of State, shall publish a
list of nations whose nationals or vessels conduct large-scale driftnet
fishing beyond the exclusive economic zone of any nation.
(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 any large-scale
driftnet fishing vessel that is documented under the laws of the United
States or of a nation included on a list published under paragraph (1); and
(B) deny entry of that vessel to any place in the United States and to
the navigable waters of the United States.
(3) NOTIFICATION OF NATION- Before the publication of a list of nations
under paragraph (1), the Secretary of State shall notify each nation
included on that list regarding--
(A) the effect of that publication on port privileges of vessels of that
nation under paragraph (1); and
(B) any sanctions or requirements, under this Act or any other law, that may
be imposed on that nation if nationals or vessels of that nation continue
to conduct large-scale driftnet fishing beyond the exclusive economic zone
of any nation after December 31, 1992.
(b) Sanctions-
(1) Identifications-
(A) INITIAL IDENTIFICATIONS- Not later than January 10, 1993, the Secretary
of Commerce shall--
(i) identify each nation whose nationals or vessels are conducting
large-scale driftnet fishing beyond the exclusive economic zone of any
nation; and
(ii) notify the President and that nation of the identification under clause
(i).
(B) ADDITIONAL IDENTIFICATIONS- At any time after January 10, 1993, whenever
the Secretary of Commerce has reason to believe that the nationals or
vessels of any nation are conducting large-scale driftnet fishing beyond
the exclusive economic zone of any nation, the Secretary of Commerce shall--
(i) identify that nation; and
(ii) notify the President and that nation of the identification under clause
(i).
(2) CONSULTATIONS- Not later than thirty days after a nation is identified
under paragraph (1)(B), the President shall enter into consultations with
the government of that nation for the purpose of obtaining an agreement
that will effect the immediate termination of large-scale driftnet fishing
by the nationals or vessels of that nation beyond the exclusive economic
zone of any nation.
(3) Prohibition on imports of fish and fish products and sport fishing
equipment-
(A) PROHIBITION- The President--
(i) upon receipt of notification of the identification of a nation under
paragraph (1)(A); or
(ii) if the consultations with the government of a nation under paragraph
(2) are not satisfactorily concluded within ninety days, shall direct the
Secretary of the Treasury to prohibit the importation into the United
States of 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 nation.
(B) IMPLEMENTATION OF PROHIBITION- With respect to an import prohibition
directed under subparagraph (A), the Secretary of the Treasury shall
implement such prohibition not later than the date that is forty-five
days after the date on which the Secretary has received the direction from
the President.
(C) PUBLIC NOTICE OF PROHIBITION- Before the effective date of any import
prohibition under this paragraph, the Secretary of the Treasury shall
provide public notice of the impending prohibition.
(4) Additional economic sanctions-
(A) DETERMINATION OF EFFECTIVENESS OF SANCTIONS- Not later than six months
after the date the Secretary of Commerce identifies a nation under paragraph
(1), the Secretary shall determine whether--
(i) any prohibition established under paragraph (3) is insufficient to
cause that nation to terminate large-scale driftnet fishing conducted by its
nationals and vessels beyond the exclusive economic zone of any nation; or
(ii) that nation 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 determination under subparagraph (A) with respect to
a nation.
(C) EFFECT OF CERTIFICATION- Certification by the Secretary of Commerce
under subparagraph (B) 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.

f4c09b3202c1123a6272370118d16c699e681e5c0d18470904579457c5d9e06c

TITLE I

-HIGH SEAS LARGE-SCALE DRIFTNET FISHING

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

2842dee971b1fc817a99fab543f1f4daa9f7594812bfa3b068f73f68c0b8aebc

Section 101(a)(2) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1371(a)(2)) is amended--
(1) in subparagraph (E)(i) by striking `July 1, 1992' and inserting in
lieu thereof `January 1, 1993'; and
(2) in the last sentence by inserting `, except that, until January 1,
1994, the term `driftnet' does not include the use in the northeast Atlantic
Ocean of gillnets with a total length not to exceed five kilometers if the
use is in accordance with regulations adopted by the European Community
pursuant to the October 28, 1991, decision by the Council of Fisheries
Ministers of the Community' immediately after `(16 U.S.C. 1822 note)'.

faee8b757daa2d6c37ecbf09f70c6968f3d1b6d7f853129d9f712a47495753cf

In this title, the following definitions apply:
(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 nation, whether or not taken by fishing vessels
of that nation or packed, processed, or otherwise prepared for export in
that nation or within the jurisdiction thereof.
(2) LARGE-SCALE DRIFTNET FISHING-
(A) IN GENERAL- Except as provided in subparagraph (B), 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.
(B) EXCEPTION- Until January 1, 1994, the term `large-scale driftnet fishing'
does not include the use in the northeast Atlantic Ocean of gillnets with a
total length not to exceed five kilometers if the use is in accordance with
regulations adopted by the European Community pursuant to the October 28,
1991, decision by the Council of Fisheries Ministers of the Community.
(3) LARGE-SCALE DRIFTNET FISHING VESSEL- The term `large-scale driftnet
fishing vessel' means any vessel which is--
(A) used for, equipped to be used for, or of a type which is normally used
for large-scale driftnet fishing; or
(B) used for 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.

d0715ac7a9fa07fecad126447394d165fbf027ba19348f7ef18190c5ff6848d2

(a) PRODUCTS SUBJECT TO RESTRICTION- Section 8 of the Fishermen's Protective
Act of 1967 (22 U.S.C. 1978) is amended--
(1) in subsection (a)(4) by striking `fish products' and all that follows
through `such duration', and inserting in lieu thereof `any products from
the offending country for any duration';
(2) in subsection (c) by striking `fish products or wildlife products'
and inserting in lieu thereof `products';
(3) in subsection (e)(2) by striking `fish products and wildlife products'
and inserting in lieu thereof `products'; and
(4) in subsection (f)--
(A) in paragraph (1) by striking `fish products and wildlife products'
and inserting in lieu thereof `products'; and
(B) in paragraph (5)--
(i) in the first sentence by striking `fish products and wildlife products'
and inserting in lieu thereof `products'; and
(ii) in the second sentence by striking `Fish products and wildlife products'
and inserting in lieu thereof `Products'.
(b) DEFINITIONS- Section 8(h) of the Fishermen's Protective Act of 1967
(22 U.S.C. 1978(h)) is amended--
(1) by amending paragraph (2) to read as follows:
`(2) The term `United States' means the several States, the District
of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, and every other territory and possession of the
United States.';
(2) in paragraph (3)--
(A) by inserting `bilateral or' immediately before `multilateral'; and
(B) by inserting `, including marine mammals' immediately after `protect
the living resources of the sea';
(3) by striking paragraphs (4) and (6);
(4) by redesignating paragraphs (5) and (7) as paragraphs (4) and (5),
respectively; and
(5) by amending paragraph (5), as so redesignated, to read as follows:
`(5) The term `taking', as used with respect to animals to which an
international program for endangered or threatened species applies,
means to--
`(A) harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect; or
`(B) attempt to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect.'.

f348a79280db150d54771718fe187099b998c51b7ebf19fb4bda3a7d72aac807

TITLE II

-FISHERIES CONSERVATION PROGRAMS

(a) IN GENERAL- Not later than six months after the date of the enactment
of this Act, the Secretary of the department in which the Coast Guard
is operating, the Secretary of Commerce, and the Secretary of Defense
shall enter into an agreement under section 311(a) of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1861(a)) in order to make more
effective the enforcement of domestic laws and international agreements
that conserve and manage the living marine resources of the United States.
(b) TERMS- The agreement entered into under subsection (a) shall include--
(1) procedures for identifying and providing the location of vessels that
are in violation of domestic laws or international agreements to conserve
and manage the living marine resources of the United States;
(2) requirements for the use of the surveillance capabilities of the
Department of Defense; and
(3) procedures for communicating vessel locations to the Secretary of
Commerce and the Coast Guard.

61aaa351b0fb56db28c4830b51606d558c90ac82b5b368e93019e5d1d500f146

It is the sense of the Congress that the President, in carrying out
multilateral, bilateral, and regional trade negotiations, should seek to--
(1) address environmental issues related to the negotiations;
(2) modify articles of the General Agreement on Tariffs and Trade (referred
to in this section as `GATT') to take into consideration the national
environmental laws of the GATT Contracting Parties and international
environmental treaties;
(3) secure a working party on trade and the environment within GATT as
soon as possible;
(4) take an active role in developing trade policies that make GATT more
responsive to national and international environmental concerns;
(5) include Federal agencies with environmental expertise during the
negotiations to determine the impact of the proposed trade agreements on
national environmental law; and
(6) periodically consult with interested parties concerning the progress
of the negotiations.

ef9df34322a3f521cd4f3a9e299225c3051ac2a247bee47ad78ca9a152a3ac9b

This title may be cited as the `Central Bering Sea Fisheries Enforcement
Act of 1992'.

bf83b471e51acccdfc20d173bf4a2757813f12eba8d6bfd57f9aa68ce657667d

TITLE III

-FISHERIES ENFORCEMENT IN CENTRAL BERING SEA

(a) PROHIBITION- Vessels and nationals of the United States are prohibited
from conducting fishing operations in the Central Bering Sea, except where
such fishing operations are conducted in accordance with an international
fishery agreement to which the United States and the Russian Federation
are parties.
(b) CIVIL PENALTIES AND PERMIT SANCTIONS- A violation of this section
shall be subject to civil penalties and permit sanctions under section
308 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1858).

25b434dffff85543cd45150696abf6a36d605107736651089e1e43e0bf7f68f4

(a) DENIAL OF PORT PRIVILEGES- The Secretary of the Treasury shall,
after December 31, 1992, in accordance with recognized principles of
international law--
(1) withhold or revoke the clearance required by section 4197 of the Revised
Statutes of the United States (46 App. U.S.C. 91) for any fishing vessel
documented under the laws of a nation that is included on a list published
under subsection (b); and
(2) deny entry of such fishing vessel to any place in the United States
and to the navigable waters of the United States.
(b) PUBLICATION OF LIST- Not later than forty-five days after the date of
enactment of this Act, the Secretary of Commerce, in consultation with
the Secretary of State and the Secretary of the department in which the
Coast Guard is operating, shall publish in the Federal Register a list of
nations whose nationals or vessels conduct fishing operations in the Central
Bering Sea, except where such fishing operations are in accordance with an
international fishery agreement to which the United States and the Russian
Federation are parties. The Secretary shall publish as an addendum to the
list the name of each vessel documented under the laws of each listed
nation which conducts fishing operations in the Central Bering Sea. A
revised list shall be published whenever the list is no longer accurate,
except that a nation may not be removed from the list unless--
(1) the nationals and vessels of that nation have not conducted fishing
operations in the Central Bering Sea for the previous ninety days and
the nation has committed, through a bilateral agreement with the United
States or in any other manner acceptable to the Secretary of Commerce,
not to permit its nationals or vessels to resume such fishing operations; or
(2) the nationals and vessels of that nation are conducting fishing
operations in the Central Bering Sea that are in accordance with an
international fishery agreement to which the United States and the Russian
Federation are parties.
(c) NOTIFICATION OF NATION- Before the publication of a list of nations under
subsection (b), the Secretary of State shall notify each nation included on
that list and explain the requirement to deny the port privileges of fishing
vessels of that nation under subsection (a) as a result of such publication.

6a5cb85d16d7ece992493ff8cd43a089e8a116190ed875cea8489f02417faa7d

Any denial of port privileges under section 303 with respect to any fishing
vessel of a nation shall remain in effect until such nation is no longer
listed under section 303(b).

6a2c7bdcf51c578a3466e69f56bda7e5eba92ca854322d86a9e7d5f52c356bd2

(a) REGULATIONS- Within one hundred and eighty days after the date of
enactment of this Act, after notice and public comment, the Secretary of
Commerce shall issue regulations, under the Magnuson Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.) and any other applicable law,
to prohibit--
(1) any permitted fishing vessel from catching, taking, or harvesting
fish in a fishery under the geographical authority of the North Pacific
Fishery Management Council if such vessel is owned or controlled by any
person that also owns or controls a fishing vessel that is listed on the
addendum under section 303(b);
(2) any processing facility from receiving any fish caught, taken,
or harvested in a fishery under the geographical authority of the North
Pacific Fishery Management Council if such facility is owned or controlled
by any person that also owns or controls a fishing vessel that is listed
on the addendum under section 303(b); and
(3) any permitted fishing vessel from delivering fish caught, taken,
or harvested in a fishery under the geographic authority of the North
Pacific Fishery Management Council to a processing facility that is owned
or controlled by any person that also owns or controls a fishing vessel
that is listed on the addendum under section 303(b).
(b) REQUIREMENT FOR SUBMISSION OF DOCUMENTS- The Secretary of Commerce shall
require under any regulations issued under subsection (a) the submission
of any affidavits, financial statements, corporate agreements, and other
documents that the Secretary of Commerce determines, after notice and
public comment, are necessary to ensure that all vessels and processing
facilities are in compliance with this section.
(c) APPEALS; DURATION OF PROHIBITIONS- The regulations issued under
subsection (a) shall--
(1) establish procedures for a person to appeal a decision to impose a
prohibition under subsection (a) on a vessel or processing facility owned
or controlled by that person; and
(2) specify procedures for the removal of any prohibition imposed on a
vessel or processing facility under subsection (a)--
(A) upon publication of a revised list under section 303(b), and a revised
addendum which does not include a fishing vessel owned or controlled by
the person who also owns or controls the vessel or facility to which the
prohibition applies; or
(B) on the date that is ninety days after such person terminates ownership
and control in fishing vessels that are listed on the addendum under
section 303(b).

1bdc836abf7b9805b0bc79dfcead42f8d02bfe30b4b969713c4b08dc3dc9535a

In this title, the following definitions apply:
(1) CENTRAL BERING SEA- The term `Central Bering Sea' means the central
Bering Sea area which is more than two hundred nautical miles seaward of
the baselines from which the breadth of the territorial seas of the United
States and the Russian Federation are measured.
(2) FISHING VESSEL- The term `fishing vessel' means any vessel which is
used for--
(A) catching, taking, or harvesting fish; or
(B) aiding or assisting one or more vessels at sea in the performance of
fishing operations, including preparation, supply, storage, refrigeration,
transportation, or processing.
(3) OWNS OR CONTROLS- When used in reference to a vessel or processing
facility--
(A) the term `owns' means holding legal title to the vessel or processing
facility; and
(B) the term `controls' includes an absolute right to direct the business of
the person owning the vessel or processing facility, to limit the actions of
or replace the chief executive officer (by whatever title), a majority of the
board of directors, or any general partner (as applicable) of such person,
to direct the transfer or operations of the vessel or processing facility,
or otherwise to exercise authority over the business of such person, but the
term does not include the right simply to participate in those activities
of such person or the right to receive a financial return, such as interest
or the equivalent of interest, on a loan or other financing obligation.
(4) PERMITTED FISHING VESSEL- The term `permitted fishing vessel' means
any fishing vessel that is subject to a permit issued by the Secretary
of Commerce under the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.).
(5) PERSON- The term `person' means any individual (whether or not a
citizen of the United States), any corporation, partnership, association,
cooperative, or other entity (whether or not organized under the laws of
any State), and any State, local, or foreign government, or any entity of
such government or the Federal Government.
(6) PROCESSING FACILITY- The term `processing facility' means any
fish processing establishment or fish processing vessel that receives
unprocessed fish.

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This title shall cease to have force and effect after the date that is seven
years after the date of enactment of this Act, except that any proceeding
with respect to violations of section 302 occurring prior to such termination
date shall be conducted as if that section were still in effect.

de02ea94da2c9e4cf1cf7cfe404af1fa7ffb81c95dbb4b872ec6c34e15fbec97

(a) INTERMEDIARY NATION DEFINED- Section 3 of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1362) is amended by redesignating paragraphs (5)
through (14) as paragraphs (6) through (15), respectively, and by inserting
immediately after paragraph (4) the following new paragraph:
`(5) The term `intermediary nation' means a nation that exports yellowfin
tuna or yellowfin tuna products to the United States and that imports
yellowfin tuna or yellowfin tuna products that are subject to a direct
ban on importation into the United States pursuant to section 101(a)(2)(B).'.
(b) EMBARGO ON IMPORTS FROM INTERMEDIARY NATIONS- Section 101(a)(2)(C)
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2)(C))
is amended to read as follows:
`(C) shall require the government of any intermediary nation to certify
and provide reasonable proof to the Secretary that it has not imported,
within the preceding six months, any yellowfin tuna or yellowfin tuna
products that are subject to a direct ban on importation to the United
States under subparagraph (B);'.

f323dfc43d8c46d6c3c9182a79ef8a98dd9eb80721247392fcea331a4996892d

TITLE IV

-MISCELLANEOUS PROVISIONS

For purposes of employee rights and entitlements conferred by or pursuant to
subchapter IV of chapter 35 of title 5, United States Code, the Secretary
of State may, notwithstanding any other law or regulation, extend the
reemployment rights of an employee of the United States who, as of January 1,
1992, was serving with the Intergovernmental Panel on Climate Change. Such
extension may be made for two years, and may be further extended for one
year, if the Secretary of State determines that such service is in the
national interest and is necessary to facilitate the activities of the
Intergovernmental Panel on Climate Change or any successor organization.

c66b749e163345ea65d0da407aec2c22756d315356a5e0b74f1ad1fe15316920

COUNCILS.
Section 302(b)(3) of the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1852(b)(3)) is amended by striking `January 1, 1986' the second
place it appears and inserting in lieu thereof `December 31, 1987'.

1f7fa50cbb4b6d9d52043ddae6f600695fc9fdd42d973b43bf4409351a7832c7

Section 313(b)(2)(E) of the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1862(b)(2)(E)) is amended by striking `one percentum, of the'
and inserting in lieu thereof `2 percent, of the unprocessed ex-vessel'.

d855ed0dc0f4437903d52b0cfc10e477d9ffccc847619c6c10f291cd36f6bcb2

(a) In General-
(1) SCOPE OF FEE- Section 2110(b)(1) of title 46, United States Code,
is amended--
(A) by striking `1991, 1992, 1993, 1994, and 1995', and inserting in lieu
thereof `1993 and 1994'; and
(B) by striking `that is greater than 16 feet in length' and inserting in
lieu thereof `to which paragraph (2) of this subsection applies'.
(2) AMOUNT OF FEE- Section 2110(b)(2) of title 46, United States Code,
is amended to read as follows:
`(2) The fee or charge established under paragraph (1) of this subsection
is as follows:
`(A) in fiscal year 1993--
`(i) for vessels of more than 21 feet in length but less than 27 feet,
not more than $35;
`(ii) for vessels of at least 27 feet in length but less than 40 feet,
not more than $50; and
`(iii) for vessels of at least 40 feet in length, not more than $100.
`(B) in fiscal year 1994--
`(i) for vessels of at least 37 feet in length but less than 40 feet,
not more than $50; and
`(ii) for vessels of at least 40 feet in length, not more than $100.'.
(b) EFFECTIVE DATE- The amendments made by this section are effective
October 1, 1992.

ed390f931fc6b1139fba1048594c6b2f9238f8b5055c03d726431b415500931e

TITLE V

-FEES

(a) DEFINITIONS- In this section, the following definitions apply:
(1) COMMISSION- The term `Commission' means the Federal Maritime Commission.
(2) COMMON CARRIER- The term `common carrier' means a common carrier under
section 3 of the Shipping Act of 1984 (46 App. U.S.C. 1702), a common
carrier by water in interstate commerce under the Shipping Act, 1916 (46
App. U.S.C. 801 et seq.), or a common carrier by water in intercoastal
commerce under the Intercoastal Shipping Act, 1933 (46 App. U.S.C. 843
et seq.).
(3) CONFERENCE- The term `conference' has the meaning given that term
under section 3 of the Shipping Act of 1984 (46 App. U.S.C. 1702).
(4) ESSENTIAL TERMS OF SERVICE CONTRACTS- The term `essential terms of
service contracts' means the essential terms that are required to be filed
with the Commission and made available under section 8(c) of the Shipping
Act of 1984 (46 App. U.S.C. 1707(c)).
(5) TARIFF- The term `tariff' means a tariff of rates, charges,
classifications, rules, and practices required to be filed by a common
carrier or conference under section 8 of the Shipping Act of 1984 (46
App. U.S.C. 1707), or a rate, fare, charge, classification, rule, or
regulation required to be filed by a common carrier or conference under
the Shipping Act, 1916 (46 App. U.S.C. 801 et seq.), or the Intercoastal
Shipping Act, 1933 (46 App. U.S.C. 843 et seq.).
(b) TARIFF FORM AND AVAILABILITY-
(1) REQUIREMENT TO FILE- Notwithstanding any other law, each common
carrier and conference shall, in accordance with subsection (c), file
electronically with the Commission all tariffs, and all essential terms
of service contracts, required to be filed by that common carrier or
conference under the Shipping Act of 1984 (46 App. U.S.C. 1701 et seq.),
the Shipping Act, 1916 (46 App. U.S.C. 801 et seq.), and the Intercoastal
Shipping Act, 1933 (46 App. U.S.C. 843 et seq.).
(2) AVAILABILITY OF INFORMATION- The Commission shall make available
electronically to any person, without time, quantity, or other limitation,
both at the Commission headquarters and through appropriate access from
remote terminals--
(A) all tariff information, and all essential terms of service contracts,
filed in the Commission's Automated  Tariff Filing and Information System
database; and
(B) all tariff information in the System enhanced electronically by the
Commission at any time.
(c) FILING SCHEDULE- New tariffs and new essential terms of service contracts
shall be filed electronically not later than July 1, 1992. All other tariffs,
amendments to tariffs, and essential terms of service contracts shall be
filed not later than September 1, 1992.
(d) FEES-
(1) AMOUNT OF FEE- The Commission shall charge, beginning July 1 of fiscal
year 1992 and in fiscal years 1993, 1994, and 1995--
(A) a fee of 46 cents for each minute of remote computer access by any
individual of the information available electronically under this section;
and
(B)(i) for electronic copies of the Automated Tariff Filing and Information
System database (in bulk), or any portion of the database, a fee reflecting
the cost of providing those copies, including the cost of duplication,
distribution, and user-dedicated equipment; and
(ii) for a person operating or maintaining information in a database that
has multiple tariff or service contract information obtained directly or
indirectly from the Commission, a fee of 46 cents for each minute that
database is subsequently accessed by computer by any individual.
(2) EXEMPTION FOR FEDERAL AGENCIES- A Federal agency is exempt from paying
a fee under this subsection.
(e) ENFORCEMENT- The Commission shall use systems controls or other
appropriate methods to enforce subsection (d).
(f) PENALTIES-
(1) CIVIL PENALTIES- A person failing to pay a fee established under
subsection (d) is liable to the United States Government for a civil
penalty of not more than $5,000 for each violation.
(2) CRIMINAL PENALTIES- A person that willfully fails to pay a fee
established under subsection (d) commits a class A misdemeanor.
(g) AUTOMATIC FILING IMPLEMENTATION-
(1) CERTIFICATION OF SOFTWARE- Software that provides for the electronic
filing of data in the Automated Tariff Filing and Information  System shall
be submitted to the Commission for certification. Not later than fourteen
days after a person submits software to the Commission for certification,
the Commission shall--
(A) certify the software if it provides for the electronic filing of
data; and
(B) publish in the Federal Register notice of that certification.
(2) REPAYABLE ADVANCE-
(A) AVAILABILITY AND USE OF ADVANCE- Upon the date of enactment of this Act,
the Secretary of the Treasury shall make available to the Commission, as
a repayable advance, not more than $4,000,000, to remain available until
expended. The Commission shall spend these funds to complete and upgrade
the capacity of the Automated Tariff Filing and Information System to
provide access to information under this section.
(B) REQUIREMENT TO REPAY-
(i) IN GENERAL- Any advance made to the Commission under subparagraph (A)
shall be repaid, with interest, to the general fund of the Treasury not
later than September 30, 1995.
(ii) INTEREST- Interest on any advance made to the Commission under
subparagraph (A)--
(I) shall be at a rate determined by the Secretary of the Treasury, as of
the close of the calendar month preceding the month in which the advance
is made, to be equal to the current average market yield on outstanding
marketable obligations of the United States with remaining periods to
maturity comparable to the anticipated period during which the advance
will be outstanding; and
(II) shall be compounded annually.
(3) USE OF RETAINED AMOUNTS- Out of amounts collected by the Commission
under this section, amounts shall be retained and expended by the Commission
for each fiscal year, without fiscal year limitation, to carry out this
section and pay back the Secretary of the Treasury for the advance made
available under paragraph (2).
(4) DEPOSIT IN TREASURY- Except for the amounts retained by the Commission
under paragraph (3), fees collected under this section shall be deposited
in the general fund of the Treasury as offsetting receipts.
(h) RESTRICTION- No fee may be collected under this section after fiscal
year 1995.
(i) CONFORMING AMENDMENT- Section 2 of the Act of August 16, 1989 (46
App. U.S.C. 1111c), is repealed.
Attest:
Secretary.
H 2152 EAS2S----2
H 2152 EAS2S----3

b9714d5bfd5316636a89c14f13e403b229c556b56b72bb65b1e92359d0747f5d

High Seas Driftnet Fisheries Enforcement Act

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

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