such treaty is not so renegotiated within a reasonable period of time after such date of enactment.

(c) INTERNATIONAL FISHERY AGREEMENTS.-No international fishery agreement (other than a treaty) which pertains to foreign fishing within the exclusive economic zone 18 (or within the area that will constitute such zone after February 28, 1977) or special areas,64 or for anadromous species or Continental Shelf fishery resources beyond such zone or areas-65

(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 201(c).

(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 18 of the United States in relation to any such nation.

(e) 66 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 fish

64 Sec. 301(eX2XA) of Public Law 102-251 (106 Stat. 63) inserted "or special areas" after "February 28, 1977)".

65 Sec. 301(eX2XB) of Public Law 102-251 (106 Stat. 63) struck out "such zone or area" and inserted in lieu thereof "such zone or areas".

08 Sec. 105(a) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4439) redesignated subsec. (e) as (f) and added a new (c).

ing 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 the date of enactment of this subsection, on the results of the evaluation required under paragraph (1). together with recommendations for addressing any inadequacies identified; and

(B) within six months after such date of enactment, 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 67 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.

(f) 66 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 18,68 (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) 69 FISHERY AGREEMENT WITH UNION OF SOVIET SOCIALIST REPUBLICS. (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

67 So in original. Should read "its".

68 Sec. 120(a) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4459) struck out "a exclusive economic zone" and inserted in lieu thereof "an exclusive economic zone".

Sec. 301(e)(3) of Public Law 102-251 (106 Stat. 63) added subsec. (g).

88-539 096

Socialist Republics on the Maritime Boundary, signed June 1990, west of the maritime boundary, including the wester special area described in Article 3(2) of the Agreement;

(B) the United States will give fishing vessels of Russia t opportunity to conduct traditional fisheries within water claimed by the Union of Soviet Socialist Republics prior to t conclusion of the Agreement referred to in subparagraph A east of the maritime boundary, including the eastern spec. areas described in Article 3(1) of the Agreement; i

(C) catch data shall be made available to the government the country exercising fisheries jurisdiction over the eaters which the catch occurred; and

(D) each country shall have the right to place observers c board vessels of the other country and to board and inspe such vessels.

(2) Vessels operating under a fishery agreement negotiated ar concluded pursuant to paragraph (1) shall be subject to regulation and permit requirements of the country in whose waters the fis eries are conducted only to the extent such regulations and perm requirements are specified in that agreement.

(3) The Secretary of Commerce may promulgate such regulations! in accordance with section 553 of title 5, United States Code, may be necessary to carry out the provisions of any fishery agre. ment negotiated and concluded pursuant to paragraph (1).

SEC. 203.70 CONGRESSIONAL OVERSIGHT OF GOVERNING INTER NATIONAL FISHERY AGREEMENTS.

(a) IN GENERAL.-No governing international fishery agreemen shall become effective with respect to the United States before the close of the first 60 calendar days of continuous session of the Cor gress 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. A copy 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 Rep resentatives, if the House is not in session, and to the Secretar of the Senate, if the Senate is not in session.

(b) REFERRAL TO COMMITTEES.-Any document described in sub section (a) shall be immediately referred in the House of Representi atives to the Committee on Merchant Marine and Fisheries, and r the Senate to the Committees on Commerce, Science, and Trans portation and on 71 Foreign Relations.

(c) COMPUTATION OF 60-DAY PERIOD.-For purposes of subsection (a)

(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 ex cluded in the computation of the 60-day period.

(d) CONGRESSIONAL PROCEDURES.—

70 16 U.S.C. 1823. See related Public Laws beginning at page 85.

71 Sec. 6(xX1) of Public Law 103-437 (108 Stat. 4587) struck out “Commerce and" and inserted in lieu thereof "Commerce, Science, and Transportation and on".

(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) DEFINITION.-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 the text of which is transmitted to the Congress pursuant to subsection (a); 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 72 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) 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

72 Sec. 6(xX2) of Public Law 103-437 (108 Stat. 4587) struck out "Commerce" and inserted in lieu thereof "Commerce, Science, and Transportation".

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 the 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.

SEC. 204.73 PERMITS FOR FOREIGN FISHING.

(a) IN GENERAL.-After February 28, 1977, no foreign fishing vessel shall engage in fishing within the exclusive economic zone 18 within the special areas 74 or for anadromous species or Continental Shelf fishery resources beyond such zone or areas,75 unless such vessel has on board a valid permit issued under this section for such vessel.

(b) APPLICATIONS AND PERMITS UNDER GOVERNMENT INTERNATIONAL FISHERY AGREEMENTS.—

73 16 U.S.C. 1824.

74 Sec. 301(X1) of Public Law 102-251 (106 Stat. 64) inserted "within the special arcas".

75 Sec. 301(X2) of Public Law 102-251 (106 Stat. 64) inserted “or areas".